Tag Archives: November

Procedure, 6 November 1694, Edinburgh

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Edinburgh the sixth november Jaj vjc nyntie four years

D1694/11/21

Procedure

Remitt James Buchanan

Anent a Petition given in to the Lords of their Majesties privy Councill be James Buchanan wright and burges of Edinburgh and Robert Logan Shewing That the petitioner haveing about thrie years agoe procured himself admitted wright and free man burges and gild of Edinburgh he hath continued in the dayly exercise of this trade within the toune without desyreing the incorporatione of St Maries Chapell to concurr with him in Contracting with and booking of ane prentice Conforme to the undoubted priviledge of every free-man of the said incorporatione till of late he haveing agreed with one Robert Logan to be his apprentice and haveing requyred the Clerk Conforme to ane instrument to draw the indentarys betwixt them in the ordinary forme to be subscryved by the present Deacons as the constant Customes and ordors of ther incorporatione requyrs he refused being Discharged by the Deacon, So that the petitioner by reasone of ane unjust and groundless Grudge and peik conceaved against him by the present Deacon is denyed the benefite of that priviledge which is unquestionably Competent to the most inconsiderable freeman of the forsaid incorporatione, notwithstanding wherof the petitioner did with that dutie and patience which becometh attend upon severall Meetings of the said Chapell and Requyred ther Concurrance to the subscryveing of the forsaid indentures, Or otherwayes that they would make Some reasonable Objectione to the petitioners Demand to the effect that they might answer the same to the satisfactione of the wholl Chapell But this likewayes being at severall 2 times refused the petitioners were necessitat to protest against the Deacons3 Chapell for the loss they sustained throw the want of the Comon benefit and priviledge of the Chapell and took the instrument therwith produced in the hands of the Clerk to the Chappell for instructing of what is above represented But knowing and being sencible of the vast prejudice which both the petitioners would Certainely sustaine by the delay of subscribing of the forsaids indenters in the Comon forme they doe with all humulitie and Submissione apply to the saids Lords for remeed of the prejudice and Loss which they are now threatned with humbly desyreing that the Saids Lords would be pleased by ther deliverance therupon to order the 4 present Deacons of St Maryes Chapell to concurrance with the petitioners in subscryveing the forsaid indentures in the Comon forme of the Chappell Or otherwayes to appoint any of ther number to Call the saids Deacons to appear before them by whose oathes the petitioners are willing to prove the truth of every Circumstance above represented As the petitione bears The Lords of their majesties privy Councill Having Considered this petition given in them be the above James Buchanan, and answers made therto be the incorporatione of Maryes Chappell They heirby Remitt both the petitione and answers to the magistrats of Edinburgh and toune Councill therof to be Considered and determined in by them as they shall find Just.

Edinburgh the sixth november Jaj vjc nyntie four years

D1694/11/21

Procedure

Remitt James Buchanan

Anent a Petition given in to the Lords of their Majesties privy Councill be James Buchanan wright and burges of Edinburgh and Robert Logan Shewing That the petitioner haveing about thrie years agoe procured himself admitted wright and free man burges and gild of Edinburgh he hath continued in the dayly exercise of this trade within the toune without desyreing the incorporatione of St Maries Chapell to concurr with him in Contracting with and booking of ane prentice Conforme to the undoubted priviledge of every free-man of the said incorporatione till of late he haveing agreed with one Robert Logan to be his apprentice and haveing requyred the Clerk Conforme to ane instrument to draw the indentarys betwixt them in the ordinary forme to be subscryved by the present Deacons as the constant Customes and ordors of ther incorporatione requyrs he refused being Discharged by the Deacon, So that the petitioner by reasone of ane unjust and groundless Grudge and peik conceaved against him by the present Deacon is denyed the benefite of that priviledge which is unquestionably Competent to the most inconsiderable freeman of the forsaid incorporatione, notwithstanding wherof the petitioner did with that dutie and patience which becometh attend upon severall Meetings of the said Chapell and Requyred ther Concurrance to the subscryveing of the forsaid indentures, Or otherwayes that they would make Some reasonable Objectione to the petitioners Demand to the effect that they might answer the same to the satisfactione of the wholl Chapell But this likewayes being at severall 2 times refused the petitioners were necessitat to protest against the Deacons3 Chapell for the loss they sustained throw the want of the Comon benefit and priviledge of the Chapell and took the instrument therwith produced in the hands of the Clerk to the Chappell for instructing of what is above represented But knowing and being sencible of the vast prejudice which both the petitioners would Certainely sustaine by the delay of subscribing of the forsaids indenters in the Comon forme they doe with all humulitie and Submissione apply to the saids Lords for remeed of the prejudice and Loss which they are now threatned with humbly desyreing that the Saids Lords would be pleased by ther deliverance therupon to order the 4 present Deacons of St Maryes Chapell to concurrance with the petitioners in subscryveing the forsaid indentures in the Comon forme of the Chappell Or otherwayes to appoint any of ther number to Call the saids Deacons to appear before them by whose oathes the petitioners are willing to prove the truth of every Circumstance above represented As the petitione bears The Lords of their majesties privy Councill Having Considered this petition given in them be the above James Buchanan, and answers made therto be the incorporatione of Maryes Chappell They heirby Remitt both the petitione and answers to the magistrats of Edinburgh and toune Councill therof to be Considered and determined in by them as they shall find Just.

1. NRS, PC2/25, 74r-74v.

2. The word ‘Meettings’ scored out here.

3. The letter ‘s’ is an insertion, corrected from a scored-out ‘e’.

4. The word ‘president’ scored out here.

1. NRS, PC2/25, 74r-74v.

2. The word ‘Meettings’ scored out here.

3. The letter ‘s’ is an insertion, corrected from a scored-out ‘e’.

4. The word ‘president’ scored out here.

Sederunt, 6 November 1694, Edinburgh

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Edinburgh the sixth november Jaj vjc nyntie four years1

D1694/11/12

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Mortone; Earl of Lothian; Earl of Leven; Earl of Anandale; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Yester; Lord Ross; Lord Advocat; Laird of Stivensone; Laird of Leyes; Sir John Hall

Edinburgh the sixth november Jaj vjc nyntie four years1

D1694/11/12

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Mortone; Earl of Lothian; Earl of Leven; Earl of Anandale; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Yester; Lord Ross; Lord Advocat; Laird of Stivensone; Laird of Leyes; Sir John Hall

1. NRS, PC2/25, 73v.

2. NRS, PC2/25, 73v.

1. NRS, PC2/25, 73v.

2. NRS, PC2/25, 73v.

Act, 30 November 1693, Edinburgh

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Edinburgh the Threttie day of November Jaj vjc nyntie thrie years

D1693/11/361

Act

Act The Earle of Kelly

Anent a Petition given in to the Lords of their majesties privy Councill be Alexander Earle of Kelly Shewing That quheras in the petition given in by Sir George Nicolsone of Balcaskie to the saids Lords and the petitioners answers therunto Their Lordships by their interloquitor dated the twentie third instant did ordaine them2 to prove their possession and interuptiones hinc inde And that the petitioner may make his possession the more clearer to the saids Lords by productione of the Discharges granted by the petitioner and his authors to the respective heritors of the lands Lying within the Lordship of Pittenweyme bearing expressly deductione and allowance of Severall pecks of bear allowed them for the damnadge Sustained throw the setting doun the sinks upon their lands, And that the former dilligence granted by the Lords upon the last interloquitor contained no warrand for citeing the heritors to produce the forsaid discharges bot only for citeing witnesses for proveing the possession And Therfore Humbly Craveing the saids Lords would not only grant dilligence for citeing witnesses for proveing ther possessione Bot likewayes that it may containe warrand to cite the respective heritors for produceing the forsaid Discharges and other evidences and writtes they have for proveing ther possession And that the saids Lords would give them ane longer dyet for that effect as the said petitione bears. The Lords of their majesties privy Councill haveing Considered this petition given in to them be the Earle of Kelly and his Curators with the answers made therto be Sir George Nicolsone of Balcaskie They heirby Grant warrand to the Clerks of Councill to give out letters of dilligence at the petitioners instance for citeing the heritors of the Lands Lying in the Lordship of Pittenweyme To Compeir before the saids Lords upon the Fourteinth day of December nixt to give ther Oathes anent the haveing of Discharges granted be the petitioners and his authors to the saids heritors bearing expresslie deductione and allowance of severall pecks of bear allowed, them for the damnadge sustained throw The setting, doune of sinks upon ther Lands and to produce such of them as they shall acknowledge the haveing off.

Edinburgh the Threttie day of November Jaj vjc nyntie thrie years

D1693/11/361

Act

Act The Earle of Kelly

Anent a Petition given in to the Lords of their majesties privy Councill be Alexander Earle of Kelly Shewing That quheras in the petition given in by Sir George Nicolsone of Balcaskie to the saids Lords and the petitioners answers therunto Their Lordships by their interloquitor dated the twentie third instant did ordaine them2 to prove their possession and interuptiones hinc inde And that the petitioner may make his possession the more clearer to the saids Lords by productione of the Discharges granted by the petitioner and his authors to the respective heritors of the lands Lying within the Lordship of Pittenweyme bearing expressly deductione and allowance of Severall pecks of bear allowed them for the damnadge Sustained throw the setting doun the sinks upon their lands, And that the former dilligence granted by the Lords upon the last interloquitor contained no warrand for citeing the heritors to produce the forsaid discharges bot only for citeing witnesses for proveing the possession And Therfore Humbly Craveing the saids Lords would not only grant dilligence for citeing witnesses for proveing ther possessione Bot likewayes that it may containe warrand to cite the respective heritors for produceing the forsaid Discharges and other evidences and writtes they have for proveing ther possession And that the saids Lords would give them ane longer dyet for that effect as the said petitione bears. The Lords of their majesties privy Councill haveing Considered this petition given in to them be the Earle of Kelly and his Curators with the answers made therto be Sir George Nicolsone of Balcaskie They heirby Grant warrand to the Clerks of Councill to give out letters of dilligence at the petitioners instance for citeing the heritors of the Lands Lying in the Lordship of Pittenweyme To Compeir before the saids Lords upon the Fourteinth day of December nixt to give ther Oathes anent the haveing of Discharges granted be the petitioners and his authors to the saids heritors bearing expresslie deductione and allowance of severall pecks of bear allowed, them for the damnadge sustained throw The setting, doune of sinks upon ther Lands and to produce such of them as they shall acknowledge the haveing off.

1. NRS, PC2/24, 282v-283r.

2. Illegible word scored out here.

1. NRS, PC2/24, 282v-283r.

2. Illegible word scored out here.

Decreet, 30 November 1693, Edinburgh

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Edinburgh the Threttie day of November Jaj vjc nyntie thrie years

D1693/11/351

Decreet

Interloquitor The Deacon of the baxters of Glasgow Against The magistrats therof.

The Lybell at the instance of James Muirhead present Deacon of the baxters in Glassgow and others Against William Naper present provest of Glasgow John Leckie John Aird elder and George Nisbet present baillies ther and others being called this day in presence of the Lords of their Majesties privy Councill And the said James Muirhead […] pursuers Compeiring personally2 with Sir James Ogilvie Mr Hew and Mr David Dalrymples advocats for the haill persuers and John Aird present baillie and James Peddy late provest in Glasgow two of the defenders Compeiring personally for themselves and in name of the haill magistrats and toune Councill of Glasgow for whom they sisted themselves Judicially for fulfilling the sentence of Councill, Which shall be pronounced against the saids haill magistrats and toune Councill with Sir Patrick Home and Mr John Kincaid advocats for the haill defenders and John Story and William Simervell Tackmen mentioned in the Lybell being called and not Compeiring, The saids Lords haveing Considered the principall Lybell and answers made therto, and that the defenders advocats repeited the reconvention as contained in the answers without reading the same to the effect they might have witnesses adduced theron, And both parties advocats being fully heard, The saids Lords of their majesties privy Councill Finds both the principall Lybell and lybell of reconvention relevant and addmitts the same to probatione, And superceids to grant Certificatione against the two tacksmen albeit they be non of the magistrats or Councill untill the conclusion of the Cause, And the witnesses cited and Compeiring in both Lybells haveing made faith at the bar The saids Lords nominats and appoints the Earle of of3 Anandale Lord Beilhaven and Mr Frances Montgomrie to be a Comittie for examineing the witnesses cited and Compeiring, And Declares any two of the Committie to be a quorum Reserving all objectiones which may be made against the witnesses to be proponed and discussed before the Committie and excuses the absence of James Mitchell elder maltman in Glasgow a witness cited in the principall Lybell In Respect of a Certificat produced of his great age sicknes and inability to travell and Grants farder dilligence by Captione against the witnesses afternamed cited and not Compeiring nor excused, William Stirling maltman ther Alexander French maltman ther John Wallace late baillie ther Robert Robertsone maltman in Shitconie ther Mathow Gilmuir Copersmith ther Patrick Tenant garner ther witnesses in the principall Lybell, And Ninian Anderson ther one of the witnesses in the reconvention And assignes the […] day of December nixt for doeing the said farder dilligence

Edinburgh the Threttie day of November Jaj vjc nyntie thrie years

D1693/11/351

Decreet

Interloquitor The Deacon of the baxters of Glasgow Against The magistrats therof.

The Lybell at the instance of James Muirhead present Deacon of the baxters in Glassgow and others Against William Naper present provest of Glasgow John Leckie John Aird elder and George Nisbet present baillies ther and others being called this day in presence of the Lords of their Majesties privy Councill And the said James Muirhead […] pursuers Compeiring personally2 with Sir James Ogilvie Mr Hew and Mr David Dalrymples advocats for the haill persuers and John Aird present baillie and James Peddy late provest in Glasgow two of the defenders Compeiring personally for themselves and in name of the haill magistrats and toune Councill of Glasgow for whom they sisted themselves Judicially for fulfilling the sentence of Councill, Which shall be pronounced against the saids haill magistrats and toune Councill with Sir Patrick Home and Mr John Kincaid advocats for the haill defenders and John Story and William Simervell Tackmen mentioned in the Lybell being called and not Compeiring, The saids Lords haveing Considered the principall Lybell and answers made therto, and that the defenders advocats repeited the reconvention as contained in the answers without reading the same to the effect they might have witnesses adduced theron, And both parties advocats being fully heard, The saids Lords of their majesties privy Councill Finds both the principall Lybell and lybell of reconvention relevant and addmitts the same to probatione, And superceids to grant Certificatione against the two tacksmen albeit they be non of the magistrats or Councill untill the conclusion of the Cause, And the witnesses cited and Compeiring in both Lybells haveing made faith at the bar The saids Lords nominats and appoints the Earle of of3 Anandale Lord Beilhaven and Mr Frances Montgomrie to be a Comittie for examineing the witnesses cited and Compeiring, And Declares any two of the Committie to be a quorum Reserving all objectiones which may be made against the witnesses to be proponed and discussed before the Committie and excuses the absence of James Mitchell elder maltman in Glasgow a witness cited in the principall Lybell In Respect of a Certificat produced of his great age sicknes and inability to travell and Grants farder dilligence by Captione against the witnesses afternamed cited and not Compeiring nor excused, William Stirling maltman ther Alexander French maltman ther John Wallace late baillie ther Robert Robertsone maltman in Shitconie ther Mathow Gilmuir Copersmith ther Patrick Tenant garner ther witnesses in the principall Lybell, And Ninian Anderson ther one of the witnesses in the reconvention And assignes the […] day of December nixt for doeing the said farder dilligence

1. NRS, PC2/24, 282r-282v.

2. The word ‘with’ scored out here.

3. Sic.

1. NRS, PC2/24, 282r-282v.

2. The word ‘with’ scored out here.

3. Sic.

Act, 30 November 1693, Edinburgh

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Edinburgh the Threttie day of November Jaj vjc nyntie thrie years

D1693/11/341

Act

Act Mr John Beathune

Anent a Petition givn in to the Lords of their Majesties privy Councill be Mr John Beattone late minister at Aytoune Shewing That quher the Lords by ther act dated the fifth day of January Jaj vjc nyntie two did appoint the petitioner out of the vaccand Stipends of Aytounes cropts Jaj vjc nyntie and and2 Jaj vjc nyntie one in the first place To repair the bridge of the said parish then altogither ruinouse in makeing it passible for Coaches and Carts which even from the begining it never was, and the Supperplus (if any remained) To belong to the petitioner, accordingly he haveing repaired the said bridge with hewen ston to that desire that it takes nothing of usefullnes decency and lastingnes requyred by all architecks in building as the Lord Polwarth can testifie by whose order and directione the wholl work was manadged, And seing the petitioner was not only at vast charges even above what was allowed Considering the badd payment therin and expenses in gathering it in Bot likewayes to his great loss being necessitate to neglect his privat affairs and with his Familly to receide at Aytoune to Superintend the said bridge till fully Compleited for the Space of nyntein moneths by reasone of the dificultie in getting matterialls brought to a place So remott as that is from Lyme and free Stonequarie as is likewayes knowen to the said Lord Polwarth And Therfore Humbly Craveing the saids Lords to take the premisses to their Serious Consideratione not only to order ther Clerk to give up to the petitioner his bond oblidging him to repair the said bridge bot also to allow him the vaccand stipends of Aytoune cropt Jaj vjc nyntie thrie Cropt Jaj vjc nyntie two havieng allready been given to Doctor Weyms in St Androwes, or to Recomend him to the Lords of his majesties thesaurie for that effect which will be no small incouradgment to all others to behave faithfully in the manadgment of publict works as the petition bears, The Lords of their majesties privy Councill haveing Considered this petition given in to them be the above Mr John Bethun, They heirby Give order and warrand to their Clerks to give up to the petitioner the above bond And Recommends him to the Lords Commissioners of their Majesties thesaurie as ane honest and faithfull persone in the Discharge of the trust Committed to him mentioned in the above petition And that the Saids Lords Commissioners doe Reward him bountifully as his honesty and faithfullnes in his said trust does deserve.

Edinburgh the Threttie day of November Jaj vjc nyntie thrie years

D1693/11/341

Act

Act Mr John Beathune

Anent a Petition givn in to the Lords of their Majesties privy Councill be Mr John Beattone late minister at Aytoune Shewing That quher the Lords by ther act dated the fifth day of January Jaj vjc nyntie two did appoint the petitioner out of the vaccand Stipends of Aytounes cropts Jaj vjc nyntie and and2 Jaj vjc nyntie one in the first place To repair the bridge of the said parish then altogither ruinouse in makeing it passible for Coaches and Carts which even from the begining it never was, and the Supperplus (if any remained) To belong to the petitioner, accordingly he haveing repaired the said bridge with hewen ston to that desire that it takes nothing of usefullnes decency and lastingnes requyred by all architecks in building as the Lord Polwarth can testifie by whose order and directione the wholl work was manadged, And seing the petitioner was not only at vast charges even above what was allowed Considering the badd payment therin and expenses in gathering it in Bot likewayes to his great loss being necessitate to neglect his privat affairs and with his Familly to receide at Aytoune to Superintend the said bridge till fully Compleited for the Space of nyntein moneths by reasone of the dificultie in getting matterialls brought to a place So remott as that is from Lyme and free Stonequarie as is likewayes knowen to the said Lord Polwarth And Therfore Humbly Craveing the saids Lords to take the premisses to their Serious Consideratione not only to order ther Clerk to give up to the petitioner his bond oblidging him to repair the said bridge bot also to allow him the vaccand stipends of Aytoune cropt Jaj vjc nyntie thrie Cropt Jaj vjc nyntie two havieng allready been given to Doctor Weyms in St Androwes, or to Recomend him to the Lords of his majesties thesaurie for that effect which will be no small incouradgment to all others to behave faithfully in the manadgment of publict works as the petition bears, The Lords of their majesties privy Councill haveing Considered this petition given in to them be the above Mr John Bethun, They heirby Give order and warrand to their Clerks to give up to the petitioner the above bond And Recommends him to the Lords Commissioners of their Majesties thesaurie as ane honest and faithfull persone in the Discharge of the trust Committed to him mentioned in the above petition And that the Saids Lords Commissioners doe Reward him bountifully as his honesty and faithfullnes in his said trust does deserve.

1. NRS, PC2/24, 281r-282r.

2. Sic.

1. NRS, PC2/24, 281r-282r.

2. Sic.

Sederunt, 30 November 1693, Edinburgh

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Edinburgh the Threttie day of November Jaj vjc nyntie thrie years1

D1693/11/332

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Anandale; Viscount Tarbat; Viscount Stair; Lord Beilhaven; Lord Polwarth; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Mr Fr: Montgomrie

Edinburgh the Threttie day of November Jaj vjc nyntie thrie years1

D1693/11/332

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Anandale; Viscount Tarbat; Viscount Stair; Lord Beilhaven; Lord Polwarth; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Mr Fr: Montgomrie

1. NRS, PC2/24, 281r.

2. NRS, PC2/24, 281r.

1. NRS, PC2/24, 281r.

2. NRS, PC2/24, 281r.

Judicial Proceeding, 28 November 1693 (pm), Edinburgh

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Edinburgh the Twentie Eight day of November Jaj vjc nyntie thrie years. Post meridiem

D1693/11/321

Judicial Proceeding

Remitt Balgregie Against Kinglassie

Anent our Soveraigne Lord and Ladies letters raised and pursued before the Lords of their Majesties privy Councill at the instance of Mr John Sinclar of Balgregie and Sir James Stewarts their majesties advocat for their highnes intrest in the matter underwritten Mentioning That wher by the Lawes of his and all other weell governed realmes all unlawfull violence is discharged And the interupting of persones in their peaceable possessiones by way of force by ane unlawfull Convocatione and the minaceing and beatting of the possessors and ther men and Servants are Crymes of a high nature and ought to be severly punished nevertheless it is of verity that upon the sixteinth or one of other of the dayes of the moneth of october last […] Douglas of Kinglassie […] Hollyday of Tillibboill younger Androw Wilsone maltman Mr William Abernethie schooll master David Birk younger Thomas Wishart John and George Babaradges Alexander Black James Haigie George Gibb younger John Bredd all tennants of the said2 […] Douglas of Kinglassie and indwallers ther pretending to extrude the pursuer from his right and possession in the great Comon Contiguous to the pursuers lands of Ballgregie not content to have caried away about Eight dayes before wrongeously by way of Spulzie the divots that he hade caused Cast in the said Comunitie came with the persones abovenamed and others ther Complices of the number of about ane dizon of men all of them with staves and battones and some of them with swords and pistolls And finding the pursuers men casting divots and himself overseeing them, The said […] Douglas of Kinglass roadd up furiously to have beatten the men if not stopt by the pursuer Who took him Civilly by the bridle and desyred him to forbear violence, and tilling him that the question of their right and possession was not in that maner to be determined Bot aither by a fair communeing Which the pursuer offered or by the sentance of Judge Ordinary, But the said Kinglassie was so farr transported with possion that he not only pushed on his horss, bot drew his sword with many minaceing word, And stricking the pursuer on the head therwith untill his cap fell on the ground and therafter the said Mr William Abernethie and two more came and laid violent hands on the pursuer , And threw the stick out of his hand, And whill he was takeing up his stick and cap the said Kinglassie rod forward among his men chaseing and Scatetering them from ther work Lykas the other persones his Complices did violently sease his workmen and took the Spads from them by force with effusion of their blood, And alse cut the pursuers Truffs when this first fray was ended and Kinglassie was gone away, yet he came back the second time and in a furious maner threatneing Chareing and rydieing doune the said pursuers servants, Wherby he and his Complices are guilty of ane unlawfull convocatione and violent ryot or airt and pairt therof For which he and they ought not only to be Decerned to pay to the pursuar the soume of ane Thousand merks of Damnadges Bot also examplarly punished in his persone and goods to the terror of others as Likewayes he and they ought to be Decerned to cease and decist from all mollesting the pursuer or his men in the possession of the said Comunity in time comeing untill the question of right, and possessione betwixt them be determined by due course of Law And Anent the charge given to the saids defenders to have Compeired before the saids Lords of their majesties privy Councill at ane Certain day now bygone To have answered to the points of the above Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should find Just, as the letters and executiones therof more fully bears Which Lybell with the reconventione at the defenders instance against the pursuer being on the twentie first of november called in presence of the saids Lords of their majesties privy Councill They appointed A Comittie of their oun number to examine witnesses on both Lybells, And the saids Lords being this day informed that both parties are agreed as to the point of Ryot They heirby Remitt to the Lords of Councill and session to dissmiss and determine the point of right as to the comunitie in Contraversie betwixt the saids parties And that without abydeing the Course of the roll Upon both parties their giveing Consent to the same.

Edinburgh the Twentie Eight day of November Jaj vjc nyntie thrie years. Post meridiem

D1693/11/321

Judicial Proceeding

Remitt Balgregie Against Kinglassie

Anent our Soveraigne Lord and Ladies letters raised and pursued before the Lords of their Majesties privy Councill at the instance of Mr John Sinclar of Balgregie and Sir James Stewarts their majesties advocat for their highnes intrest in the matter underwritten Mentioning That wher by the Lawes of his and all other weell governed realmes all unlawfull violence is discharged And the interupting of persones in their peaceable possessiones by way of force by ane unlawfull Convocatione and the minaceing and beatting of the possessors and ther men and Servants are Crymes of a high nature and ought to be severly punished nevertheless it is of verity that upon the sixteinth or one of other of the dayes of the moneth of october last […] Douglas of Kinglassie […] Hollyday of Tillibboill younger Androw Wilsone maltman Mr William Abernethie schooll master David Birk younger Thomas Wishart John and George Babaradges Alexander Black James Haigie George Gibb younger John Bredd all tennants of the said2 […] Douglas of Kinglassie and indwallers ther pretending to extrude the pursuer from his right and possession in the great Comon Contiguous to the pursuers lands of Ballgregie not content to have caried away about Eight dayes before wrongeously by way of Spulzie the divots that he hade caused Cast in the said Comunitie came with the persones abovenamed and others ther Complices of the number of about ane dizon of men all of them with staves and battones and some of them with swords and pistolls And finding the pursuers men casting divots and himself overseeing them, The said […] Douglas of Kinglass roadd up furiously to have beatten the men if not stopt by the pursuer Who took him Civilly by the bridle and desyred him to forbear violence, and tilling him that the question of their right and possession was not in that maner to be determined Bot aither by a fair communeing Which the pursuer offered or by the sentance of Judge Ordinary, But the said Kinglassie was so farr transported with possion that he not only pushed on his horss, bot drew his sword with many minaceing word, And stricking the pursuer on the head therwith untill his cap fell on the ground and therafter the said Mr William Abernethie and two more came and laid violent hands on the pursuer , And threw the stick out of his hand, And whill he was takeing up his stick and cap the said Kinglassie rod forward among his men chaseing and Scatetering them from ther work Lykas the other persones his Complices did violently sease his workmen and took the Spads from them by force with effusion of their blood, And alse cut the pursuers Truffs when this first fray was ended and Kinglassie was gone away, yet he came back the second time and in a furious maner threatneing Chareing and rydieing doune the said pursuers servants, Wherby he and his Complices are guilty of ane unlawfull convocatione and violent ryot or airt and pairt therof For which he and they ought not only to be Decerned to pay to the pursuar the soume of ane Thousand merks of Damnadges Bot also examplarly punished in his persone and goods to the terror of others as Likewayes he and they ought to be Decerned to cease and decist from all mollesting the pursuer or his men in the possession of the said Comunity in time comeing untill the question of right, and possessione betwixt them be determined by due course of Law And Anent the charge given to the saids defenders to have Compeired before the saids Lords of their majesties privy Councill at ane Certain day now bygone To have answered to the points of the above Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should find Just, as the letters and executiones therof more fully bears Which Lybell with the reconventione at the defenders instance against the pursuer being on the twentie first of november called in presence of the saids Lords of their majesties privy Councill They appointed A Comittie of their oun number to examine witnesses on both Lybells, And the saids Lords being this day informed that both parties are agreed as to the point of Ryot They heirby Remitt to the Lords of Councill and session to dissmiss and determine the point of right as to the comunitie in Contraversie betwixt the saids parties And that without abydeing the Course of the roll Upon both parties their giveing Consent to the same.

1. NRS, PC2/24, 280r-281r.

2. The word ‘pensioner’ scored out here.

1. NRS, PC2/24, 280r-281r.

2. The word ‘pensioner’ scored out here.

Procedure, 28 November 1693 (pm), Edinburgh

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Edinburgh the Twentie Eight day of November Jaj vjc nyntie thrie years. Post meridiem

D1693/11/311

Procedure

Addition to the Committie Heychester Against Hassenden.

The Councill doe heirby add the Lord Polwarth and Mr Francis Montgomrie to the Comittie allready appointed for examineing the witneses in the proces Scot of Heychester and others against Scot of Hassenden and others and Continues the quorum as formerly

Edinburgh the Twentie Eight day of November Jaj vjc nyntie thrie years. Post meridiem

D1693/11/311

Procedure

Addition to the Committie Heychester Against Hassenden.

The Councill doe heirby add the Lord Polwarth and Mr Francis Montgomrie to the Comittie allready appointed for examineing the witneses in the proces Scot of Heychester and others against Scot of Hassenden and others and Continues the quorum as formerly

1. NRS, PC2/24, 279v.

1. NRS, PC2/24, 279v.

Procedure, 28 November 1693 (pm), Edinburgh

Posted on by

Edinburgh the Twentie Eight day of November Jaj vjc nyntie thrie years. Post meridiem

D1693/11/301

Procedure

Addition to the Comittie anent the University of St Androwes.

The Councill haveing Considered a petition given in to them be the principalls, masters and professors of the university of St Androwes Craveing a new Comittie to be named anent the affairs of that university or some to be added to the forsaid Comittie and the stock to be divyded, They heirby add the Earle of Leven and Lord Justice Clerk to the Committie formerly appoynted and Continues the quorum as formerly.

Edinburgh the Twentie Eight day of November Jaj vjc nyntie thrie years. Post meridiem

D1693/11/301

Procedure

Addition to the Comittie anent the University of St Androwes.

The Councill haveing Considered a petition given in to them be the principalls, masters and professors of the university of St Androwes Craveing a new Comittie to be named anent the affairs of that university or some to be added to the forsaid Comittie and the stock to be divyded, They heirby add the Earle of Leven and Lord Justice Clerk to the Committie formerly appoynted and Continues the quorum as formerly.

1. NRS, PC2/24, 279v.

1. NRS, PC2/24, 279v.

Decreet, 28 November 1693 (pm), Edinburgh

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Edinburgh the Twentie Eight day of November Jaj vjc nyntie thrie years. Post meridiem

D1693/11/291

Decreet

Decreet Mistress Violat Against Cassingray.

Anent our Soveraigne Lord and Ladies letters of suspensione purchased and raised before the Lords of their Majesties privy Councill at the instance of Mr James Melvill of Cassingray suspender against Issobell Aird relict of the deceast Mr William Violet minister at Cambusnethen and late minister at the Ferriepartoncraig, To restore refound and make payment to the Charger of the stipend of the said kirk of Ferriepartoncraig for the cropt and year of god Jaj vjc nyntie years, Extending the haill quantities of victuall and somnes of money mentioned in the principall letters to the number of thretie two bolls bear Thretie two bolls oats and ten bolls peise And the somne of ane Hundred and seventie one punds scots money Conforme to a pretended act and sentance pronunced be the Lords of privy Councill at the chargers instance against the suspenders upon the fourtein day of June Jaj vjc nyntie two years within ane Certaine short space nixt after his charge under the paine of rebellione and puting of him to the horne intending for the said suspenders alledged Disobedience to cause denunce him rebell and put him therto most wrongeously and unjustly Considering It is of verity primo that the said Suspender hade uplifted the said vaccant stipend of the said kirk of Ferriepartoncraig long before any pretended right the said charger or her said deceast husband hade to the Samen And that the said Suspender hade uplifted and Suspended the samen by the Lords of thesaurers order, And Therfore cannot be holden to refound and restore the samen /2o/ albeit the said suspender were oblidged to restore the samen, yet ther is much more charged for then wes due and received of the said stipend The haill soume recewed of the samen Conforme to compt and reckoning Extending only to six hundreth twentie thrie punds five shilling scots money, And the necessar expences Extending to Eightie five punds Six shilling money forsaid being Deduced out of the said soume the Suspender is only Lyable for the soume of Five hundred thretie seven punds nyntein shilling money forsaid Wherby it may evidently appear to the Lords of privy Councill how wrongeously the said suspender is charged for the forsaid stypend allwayes for the more Obedience the said suspender has found suficient Cautione acted in the books of privy Councill for payment makeing to the said charger of the said stipend bolls of victuall and money charged for at such pryces for the said victuall as the saids Lords of privy Councill shall modifie incase it shall be found that the said suspender Ought so to doe In Respect therof the saids letters and charges Ought and should be suspended And Anent the charge given to the said Issobell Aird charger to have Compeired before the saids Lords at ane certaine day bygone Bringing with her the said act or Sentance of Councill To have been seen and Considered be the saids Lords, And to have heard and seen the samen simplicitor suspended upon the said suspender in time comeing for the reasones and causes forsaids as the principall letters and executiones therof more fully bears Which letters of Suspensione being called this day in presence of the saids Lords And the suspender Compeiring be Sir James Ogilvie advocat his procurator And the said Issobell Aird Charger Compeiring be Sir James Stewart ther Majesties advocat and Mr James Stewart advocat the procurators Who for instructing the ground of the charge produced in presence of the saids Lords the act of Councill charged on Wherby the Suspender is Decerned to refound to the charger the stipend of the said kirk of Ferrie2 Partincraig for the said year Jaj vjc nyntie of the date abovewritten with the letters of horning and acts theron quherin the stypend of the said kirk extends the quantities of victuall and soumes of money abovementioned in the forsaid suspensione, The Saids Lords of their Majesties privy Councill haveing Considered the reasones of Suspensione with the ground of the charge and haveing heard both parties advocats fully at the barr, They have Repelled and heirby Repells the reasones of suspensione and Finds the letters orderly proceided against the suspender for the Soumes of money and quantities of victuall charged for, And Ordaines letters of horning one fiftein dayes and others needfull to be direct heiron in forme as effeirs.

Edinburgh the Twentie Eight day of November Jaj vjc nyntie thrie years. Post meridiem

D1693/11/291

Decreet

Decreet Mistress Violat Against Cassingray.

Anent our Soveraigne Lord and Ladies letters of suspensione purchased and raised before the Lords of their Majesties privy Councill at the instance of Mr James Melvill of Cassingray suspender against Issobell Aird relict of the deceast Mr William Violet minister at Cambusnethen and late minister at the Ferriepartoncraig, To restore refound and make payment to the Charger of the stipend of the said kirk of Ferriepartoncraig for the cropt and year of god Jaj vjc nyntie years, Extending the haill quantities of victuall and somnes of money mentioned in the principall letters to the number of thretie two bolls bear Thretie two bolls oats and ten bolls peise And the somne of ane Hundred and seventie one punds scots money Conforme to a pretended act and sentance pronunced be the Lords of privy Councill at the chargers instance against the suspenders upon the fourtein day of June Jaj vjc nyntie two years within ane Certaine short space nixt after his charge under the paine of rebellione and puting of him to the horne intending for the said suspenders alledged Disobedience to cause denunce him rebell and put him therto most wrongeously and unjustly Considering It is of verity primo that the said Suspender hade uplifted the said vaccant stipend of the said kirk of Ferriepartoncraig long before any pretended right the said charger or her said deceast husband hade to the Samen And that the said Suspender hade uplifted and Suspended the samen by the Lords of thesaurers order, And Therfore cannot be holden to refound and restore the samen /2o/ albeit the said suspender were oblidged to restore the samen, yet ther is much more charged for then wes due and received of the said stipend The haill soume recewed of the samen Conforme to compt and reckoning Extending only to six hundreth twentie thrie punds five shilling scots money, And the necessar expences Extending to Eightie five punds Six shilling money forsaid being Deduced out of the said soume the Suspender is only Lyable for the soume of Five hundred thretie seven punds nyntein shilling money forsaid Wherby it may evidently appear to the Lords of privy Councill how wrongeously the said suspender is charged for the forsaid stypend allwayes for the more Obedience the said suspender has found suficient Cautione acted in the books of privy Councill for payment makeing to the said charger of the said stipend bolls of victuall and money charged for at such pryces for the said victuall as the saids Lords of privy Councill shall modifie incase it shall be found that the said suspender Ought so to doe In Respect therof the saids letters and charges Ought and should be suspended And Anent the charge given to the said Issobell Aird charger to have Compeired before the saids Lords at ane certaine day bygone Bringing with her the said act or Sentance of Councill To have been seen and Considered be the saids Lords, And to have heard and seen the samen simplicitor suspended upon the said suspender in time comeing for the reasones and causes forsaids as the principall letters and executiones therof more fully bears Which letters of Suspensione being called this day in presence of the saids Lords And the suspender Compeiring be Sir James Ogilvie advocat his procurator And the said Issobell Aird Charger Compeiring be Sir James Stewart ther Majesties advocat and Mr James Stewart advocat the procurators Who for instructing the ground of the charge produced in presence of the saids Lords the act of Councill charged on Wherby the Suspender is Decerned to refound to the charger the stipend of the said kirk of Ferrie2 Partincraig for the said year Jaj vjc nyntie of the date abovewritten with the letters of horning and acts theron quherin the stypend of the said kirk extends the quantities of victuall and soumes of money abovementioned in the forsaid suspensione, The Saids Lords of their Majesties privy Councill haveing Considered the reasones of Suspensione with the ground of the charge and haveing heard both parties advocats fully at the barr, They have Repelled and heirby Repells the reasones of suspensione and Finds the letters orderly proceided against the suspender for the Soumes of money and quantities of victuall charged for, And Ordaines letters of horning one fiftein dayes and others needfull to be direct heiron in forme as effeirs.

1. NRS, PC2/24, 278v-279v.

2. Insertion.

1. NRS, PC2/24, 278v-279v.

2. Insertion.