Tag Archives: November

Petition, 28 November 1693 (pm), Edinburgh

Posted on by

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

D1693/11/281

Petition

Petitione The Ladie St Leonard refused.

Petition Jannet Craig Lady St Leonards Craveing of ane aliement and answers therto be Browne of Thorniedykes Read, and both parties advocats being called and Sir James Ogilvie and Mr Craig Compeiring as advocats for the petitioners and Sir James Stewart ther Majesties advocat Compeiring for the said Mr Alexander Browne of Thorniedykes, The Lords of privy Councill haveing Considered the said bill and answers and both parties advocats being fully heard, The Refuse the Desyre of the bill.

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

D1693/11/281

Petition

Petitione The Ladie St Leonard refused.

Petition Jannet Craig Lady St Leonards Craveing of ane aliement and answers therto be Browne of Thorniedykes Read, and both parties advocats being called and Sir James Ogilvie and Mr Craig Compeiring as advocats for the petitioners and Sir James Stewart ther Majesties advocat Compeiring for the said Mr Alexander Browne of Thorniedykes, The Lords of privy Councill haveing Considered the said bill and answers and both parties advocats being fully heard, The Refuse the Desyre of the bill.

1. NRS, PC2/24, 278v.

1. NRS, PC2/24, 278v.

Decreet, 28 November 1693 (pm), Edinburgh

Posted on by

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

D1693/11/271

Decreet

Decreet Sussana Weir Against Anna Johnstone.

Anent our Soveraigne Lord and Ladies letters raised and pursued before the Lords of their majesties privy Councill at the instance of Susanna Weir daughter to the deceast Gavin Weir who was brother to the deceast Walter Weir of Dalrymylnes and only appearand air to the said Walter Weir Mentioneing That quher the said Walter Weir the pursuers uncle dyed last vest and seazed in the lands and mylnes called Dalrymylnes and albeit he left two daughters and likewayes the said Gavin the pursuers father his brother yet they being all now deceased the pursuar is the only appearand air Lykeas the forsaid Lands and mylnes the wholl estate remaineing to him is burthened with ane lifrent annnuitie of Twelue Hundred merks yearly to Anna Johnstone his relict now Spouse to James Murray merchant in Edinburgh and the lands and mylnes at most are bot worth about fourtein hundreth merks yearly so that the forsaid Lyfrent annuitie with the publict burdens and other incidents doeth exhaust the wholl rent wherby it is clear that the pursuer the appearand air has no Supperlus nor in effect any of her mean of Subsistance And seing by the law and Constant pratique of the kingdome the appearand air is to be aliemented and the lyfrentars are Lyable therto, And that the pursuar is but a poor minor under age destitute of all freinds and not haveing so much as ane Curator to concurr with her in this necessary action untill the Lords of privy Councill authoriz one of that effect, And Consequently doeth deserve ther present help and releiffe and to grant warrand to Sumand the said Anna Johnstone and her said spouse to hear and see the premises verified and proven And ane aliement modified to the said pursuer according to her age Which is now Fourtein years and in time comeing dureing the said Anna her Lifetime And Anent the charge given to the said Anna Johnstoune and her said husband to have Compeired before the saids Lords at ane Certaine day bygone To have heard and seen the premises verified and proven and ane aliement modified to the pursuar according to her said age And that dureing the said Anna her Lifetyme under the paines of rebellion etc with Certificatione etc as the said letters and executiones at more length bears The Which letters being this day called in presence of the Lords of their Majesties privy Councill, And the said Sussanna Weir Compeiring to Sir James Stewart their majesties Advocat and the said James Murray one of the defenders Compeiring personally for himself and his said Spouse with Sir James Ogilvie Mr Hew Dalrymple and Mr William Calderwood their advocates both parties being fully heard And The saids Lords of privy Councill haveing Considered the Lybell and answers with a declaratione of the said James Murray anent the rentall of the lands and mylnes of Dalrymilnes They heirby modifie the Soume of Two Hundreth merks Scots yearly to be payed be the said Anna Johnstone and her Said husband for his intrest for the said pursuer her aliement, Comenceing the said aliement from the terme of Whitsunday last bypast And Therfore Decernes and Ordaines the said Anna Johnstone and her husband for his intrest To make payment to the said pursuer And to George Weir one the maccers of privy Councill whom the saids Lords authorize to be Curator to the pursuer ad huns speciatem effecum, of the said aliement as followes viz the Soume of ane Hundred merks being for the terme from Whitsunday to merchant both last by past and the like soume of ane Hundreth merks for the terme Current from mertimes last to Whitsunday nixt And so furth yearly and termly in time comeing dureing the life time of the said Anna Johnstone (2the termes of payment being allwayes first come and bypast And Ordaines letters of horning on fiftein dayes and others neidfull to be direct heiron in forme as effeirs.

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

D1693/11/271

Decreet

Decreet Sussana Weir Against Anna Johnstone.

Anent our Soveraigne Lord and Ladies letters raised and pursued before the Lords of their majesties privy Councill at the instance of Susanna Weir daughter to the deceast Gavin Weir who was brother to the deceast Walter Weir of Dalrymylnes and only appearand air to the said Walter Weir Mentioneing That quher the said Walter Weir the pursuers uncle dyed last vest and seazed in the lands and mylnes called Dalrymylnes and albeit he left two daughters and likewayes the said Gavin the pursuers father his brother yet they being all now deceased the pursuar is the only appearand air Lykeas the forsaid Lands and mylnes the wholl estate remaineing to him is burthened with ane lifrent annnuitie of Twelue Hundred merks yearly to Anna Johnstone his relict now Spouse to James Murray merchant in Edinburgh and the lands and mylnes at most are bot worth about fourtein hundreth merks yearly so that the forsaid Lyfrent annuitie with the publict burdens and other incidents doeth exhaust the wholl rent wherby it is clear that the pursuer the appearand air has no Supperlus nor in effect any of her mean of Subsistance And seing by the law and Constant pratique of the kingdome the appearand air is to be aliemented and the lyfrentars are Lyable therto, And that the pursuar is but a poor minor under age destitute of all freinds and not haveing so much as ane Curator to concurr with her in this necessary action untill the Lords of privy Councill authoriz one of that effect, And Consequently doeth deserve ther present help and releiffe and to grant warrand to Sumand the said Anna Johnstone and her said spouse to hear and see the premises verified and proven And ane aliement modified to the said pursuer according to her age Which is now Fourtein years and in time comeing dureing the said Anna her Lifetime And Anent the charge given to the said Anna Johnstoune and her said husband to have Compeired before the saids Lords at ane Certaine day bygone To have heard and seen the premises verified and proven and ane aliement modified to the pursuar according to her said age And that dureing the said Anna her Lifetyme under the paines of rebellion etc with Certificatione etc as the said letters and executiones at more length bears The Which letters being this day called in presence of the Lords of their Majesties privy Councill, And the said Sussanna Weir Compeiring to Sir James Stewart their majesties Advocat and the said James Murray one of the defenders Compeiring personally for himself and his said Spouse with Sir James Ogilvie Mr Hew Dalrymple and Mr William Calderwood their advocates both parties being fully heard And The saids Lords of privy Councill haveing Considered the Lybell and answers with a declaratione of the said James Murray anent the rentall of the lands and mylnes of Dalrymilnes They heirby modifie the Soume of Two Hundreth merks Scots yearly to be payed be the said Anna Johnstone and her Said husband for his intrest for the said pursuer her aliement, Comenceing the said aliement from the terme of Whitsunday last bypast And Therfore Decernes and Ordaines the said Anna Johnstone and her husband for his intrest To make payment to the said pursuer And to George Weir one the maccers of privy Councill whom the saids Lords authorize to be Curator to the pursuer ad huns speciatem effecum, of the said aliement as followes viz the Soume of ane Hundred merks being for the terme from Whitsunday to merchant both last by past and the like soume of ane Hundreth merks for the terme Current from mertimes last to Whitsunday nixt And so furth yearly and termly in time comeing dureing the life time of the said Anna Johnstone (2the termes of payment being allwayes first come and bypast And Ordaines letters of horning on fiftein dayes and others neidfull to be direct heiron in forme as effeirs.

1. NRS, PC2/24, 277v-278r.

2. Closing bracket missing.

1. NRS, PC2/24, 277v-278r.

2. Closing bracket missing.

Act, 28 November 1693 (pm), Edinburgh

Posted on by

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

D1693/11/261

Act

Act Mr Thomas Forrester.

Anent the petition given in to the Lords of their majesties privy Councill be Mr Thomas Forrester minister at St Androwes Shewing That quher the petitioner has exerced his ministrie within the said touch Church of St Androwes at the call and with the consent of the people ever since the fourth day of may Jaj vjc nyntie two years and is orderly admitted to the said Church as ane testificat under the hands of Mr Alexander Glass moderator to the presbytrie of St Androwes and John Oliphant Clerk therto produced with the said petition has testified. And Seing the petitioner has therby right to the stipend of the said parish as the samen was possest be umquhill Mr James Rhymer Last incumbent ther, And that for the cropt and year of god Jaj vjc nyntie two years since syne and in time comeing dureing the petitioners serving the cure therat and ther being ane act of privy Councill of the said umquhill Mr James Rhymer and Decreet proceiding upon a suspension given in be the persones Lyable in paymeent Quherin the quantities of the stipend is expressed as the samen also produced to the saids Lords testified, And it being necessary for the petitioners securitie that the said act and Decreet to be renued in favors of the petitioner And letters of horning direct quherupon as his instance Against the persones therin mentioned Lyable in payment of the said stipend And Therfore Humbly Craveing to the effect under written as the said petitione bears The Lords of their Majesties privy Councill haveing Considered the said petitione with the testificat of the petitioners admissione and act of Councill of the thretein of november Jaj vjc nyntie years and decreet of preferrence of the sixteinth day of Aprill Jaj vjc nyntie one years all mentioned and produced with the said petitione They Find that the petitioner hath right to the stipend of the above toune Church of St Androwes as the samen was possest be the deceast Mr James Ryhmer last incumbent therat, And that for the haill cropt and year of god Jaj vjc nyntie two years and since syne and in time comeing dureing his serving the cure at the said parish, And ordaines him to readily answered and payed therof be the persones aftermentioned viz James Duncan of Kincaple for the number of four bolls teynd oats formerly payable be the said James Duncan furth of that part of Kincaple Laboured be him to the late Archdean of St Androwes, Jannet Ramsay ther for the number of two bolls teynd what Thrie bolls teynd bear and seven bolls teynd oats formerly payable furth of that part of the saids Lands of Kincaple Laboured be her to the late arch dean of St Androwes, John Roxburgh ther of the number of two bolls teynd wheat thrie bolls teynd bear and seven bolls teynd oats which was formerly payable furth of the saids Lands of Kincaple Laboured be him to the late Archdean of St Androwes, John Miller ther of the number of two bolls teynd oats which was formerly payable furth of that part of the said Archdean of St Androwes The other John Miller ther of the number of four bolls teynd what six bolls teynd bear and fourtein bolls teynd oats formerly payable furth of that rent of the saids Lands of Kincaple Laboured be him to the said Archdean of St Androwes, John Barclay ther of the number of six bolls teynd wheat nyne bolls teynd bears and twentie one bolls teynd Oats formerly payed furth of the saids Lands of Kincaple Laboured be him to the said Archdean of St Androwes Thomas Cumming ther of the number of two bolls teynd wheat thrie bolls teynd bear and seven boll teynd oats formerly payable furth of the saids Lands of Kincaple Laboured by him to the said Archdean of St Androwes Thomas Fleyming in Newtoune of Nydie of the number of six bolls teynd bear and twelue bolls teynd oats formerly payable furth of that part of the lands of Newtoune of Nydie Laboured be him to the said Archdean of St Androwes, John Bennet ther of the number of two bolls teynd wheat six bolls teynd bear and twelue bolls teynd oats formerly payable furth of that part of the Lands of Newtoune of Nydie Laboured be him to the said Archdean of St Androwes Walter Boist in Nydie of the number of four bolls teynd wheat Eight bolls teynd bear and Eighteen bolls teynd oates formerly payable furth of the saids Lands of Nydie to the said late Archdean of St Androwes David Duncan in Kincaple of the number of two bolls teynd wheat, Thrie bolls teynd bear and seven bolls teynd oats formerly payed furth of the saids Lands of Nydie to the said archdean of St Androwes, and John Vaun at the guard bridge to the said late archdean of St Androwes And be the succesors of the forsaid persones possessors of the lands and others abovewritten out of quhich the forsaid stipend being allwayes forst come and bygone, And Ordained letters of horning one fiftein dayes under the signet of Councill to be direct against the saids persones Lyable, In respect the petitioner has before extracting heirof produced in the hands of the Clerk of Councill ane Certificat of his takeing the oathes of alledgance and assurance before the Commissioners appoynted to administrat the same within the shyre of Fyfe.

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

D1693/11/261

Act

Act Mr Thomas Forrester.

Anent the petition given in to the Lords of their majesties privy Councill be Mr Thomas Forrester minister at St Androwes Shewing That quher the petitioner has exerced his ministrie within the said touch Church of St Androwes at the call and with the consent of the people ever since the fourth day of may Jaj vjc nyntie two years and is orderly admitted to the said Church as ane testificat under the hands of Mr Alexander Glass moderator to the presbytrie of St Androwes and John Oliphant Clerk therto produced with the said petition has testified. And Seing the petitioner has therby right to the stipend of the said parish as the samen was possest be umquhill Mr James Rhymer Last incumbent ther, And that for the cropt and year of god Jaj vjc nyntie two years since syne and in time comeing dureing the petitioners serving the cure therat and ther being ane act of privy Councill of the said umquhill Mr James Rhymer and Decreet proceiding upon a suspension given in be the persones Lyable in paymeent Quherin the quantities of the stipend is expressed as the samen also produced to the saids Lords testified, And it being necessary for the petitioners securitie that the said act and Decreet to be renued in favors of the petitioner And letters of horning direct quherupon as his instance Against the persones therin mentioned Lyable in payment of the said stipend And Therfore Humbly Craveing to the effect under written as the said petitione bears The Lords of their Majesties privy Councill haveing Considered the said petitione with the testificat of the petitioners admissione and act of Councill of the thretein of november Jaj vjc nyntie years and decreet of preferrence of the sixteinth day of Aprill Jaj vjc nyntie one years all mentioned and produced with the said petitione They Find that the petitioner hath right to the stipend of the above toune Church of St Androwes as the samen was possest be the deceast Mr James Ryhmer last incumbent therat, And that for the haill cropt and year of god Jaj vjc nyntie two years and since syne and in time comeing dureing his serving the cure at the said parish, And ordaines him to readily answered and payed therof be the persones aftermentioned viz James Duncan of Kincaple for the number of four bolls teynd oats formerly payable be the said James Duncan furth of that part of Kincaple Laboured be him to the late Archdean of St Androwes, Jannet Ramsay ther for the number of two bolls teynd what Thrie bolls teynd bear and seven bolls teynd oats formerly payable furth of that part of the saids Lands of Kincaple Laboured be her to the late arch dean of St Androwes, John Roxburgh ther of the number of two bolls teynd wheat thrie bolls teynd bear and seven bolls teynd oats which was formerly payable furth of the saids Lands of Kincaple Laboured be him to the late Archdean of St Androwes, John Miller ther of the number of two bolls teynd oats which was formerly payable furth of that part of the said Archdean of St Androwes The other John Miller ther of the number of four bolls teynd what six bolls teynd bear and fourtein bolls teynd oats formerly payable furth of that rent of the saids Lands of Kincaple Laboured be him to the said Archdean of St Androwes, John Barclay ther of the number of six bolls teynd wheat nyne bolls teynd bears and twentie one bolls teynd Oats formerly payed furth of the saids Lands of Kincaple Laboured be him to the said Archdean of St Androwes Thomas Cumming ther of the number of two bolls teynd wheat thrie bolls teynd bear and seven boll teynd oats formerly payable furth of the saids Lands of Kincaple Laboured by him to the said Archdean of St Androwes Thomas Fleyming in Newtoune of Nydie of the number of six bolls teynd bear and twelue bolls teynd oats formerly payable furth of that part of the lands of Newtoune of Nydie Laboured be him to the said Archdean of St Androwes, John Bennet ther of the number of two bolls teynd wheat six bolls teynd bear and twelue bolls teynd oats formerly payable furth of that part of the Lands of Newtoune of Nydie Laboured be him to the said Archdean of St Androwes Walter Boist in Nydie of the number of four bolls teynd wheat Eight bolls teynd bear and Eighteen bolls teynd oates formerly payable furth of the saids Lands of Nydie to the said late Archdean of St Androwes David Duncan in Kincaple of the number of two bolls teynd wheat, Thrie bolls teynd bear and seven bolls teynd oats formerly payed furth of the saids Lands of Nydie to the said archdean of St Androwes, and John Vaun at the guard bridge to the said late archdean of St Androwes And be the succesors of the forsaid persones possessors of the lands and others abovewritten out of quhich the forsaid stipend being allwayes forst come and bygone, And Ordained letters of horning one fiftein dayes under the signet of Councill to be direct against the saids persones Lyable, In respect the petitioner has before extracting heirof produced in the hands of the Clerk of Councill ane Certificat of his takeing the oathes of alledgance and assurance before the Commissioners appoynted to administrat the same within the shyre of Fyfe.

1. NRS, PC2/24, 276r-277r.

1. NRS, PC2/24, 276r-277r.

Sederunt, 28 November 1693 (pm), Edinburgh

Posted on by

Edinburgh the Twentie Eight day of November Jaj vjc nyntie thrie years. Post meridiem1

D1693/11/252

Sederunt

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

Edinburgh the Twentie Eight day of November Jaj vjc nyntie thrie years. Post meridiem1

D1693/11/252

Sederunt

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

1. NRS, PC2/24, 276r.

2. NRS, PC2/24, 276r.

1. NRS, PC2/24, 276r.

2. NRS, PC2/24, 276r.

Act, 23 November 1693, Edinburgh

Posted on by

Edinburgh the Twentie thrid day of November Jaj vjc nyntie thrie years

D1693/11/241

Act

Act Anna Mortoune

Anent a Petition given in to the Lords of their Majesties privy Councill be Anna Mortoune daughter to the deceast Mr William Mortoune sone to the Laird of Cambo in Fyfe some time minister of the Gospell at Leith and her poor Orphans Shewing That albeit the petitioner obtained two severall acts the one dated the first day of June Jaj vjc Eightie Six years and the other dated the thrid day of June Jaj vjc Eightie Eight years from the Lords of Councill for the time, For the soume of two Thousand merks upon the speciall consideratione therin mentioned appointed by the said first act to be payed out of the vaccand stipend of the paroch of Kirktoune with ane hundred punds scots of necesary expences bestowed be her in procureing the said act And by the said second act appointed to be payed out of the first and readiest fynes to be Imposed be the Councill as the said two acts present to show bears And in respect non of the saids acts have taken effect, And that the petitioner and her poor Orphans are in great Straits, year at the point of Sterving, And that her father was not only a great suferrer Bot also the Laird of Cambo her uncle was killed at Tippermoor with many moe in Fyfe as is most notour And Therfore Humbly Craveing the saids Lords would take the premisses to ther serious Consideratione and to appoint Patrick Dundas of Breistmilne Collector of the Bishoprents to satisfie the petitioner of the said somnes deduceing seven hundred merks only received which is a great act of Charitie and Cannot be better bestowed then upon a poor widdow and her orphants as the petition given in to them be the above Anna Mortoune read in their presence They heirby Reccomend the petitioner to the Lords, Commissioners of their Majesties thesaurie To Consider the said petition and to grant the desyre therof as the saids Lords shall Find Just.

Edinburgh the Twentie thrid day of November Jaj vjc nyntie thrie years

D1693/11/241

Act

Act Anna Mortoune

Anent a Petition given in to the Lords of their Majesties privy Councill be Anna Mortoune daughter to the deceast Mr William Mortoune sone to the Laird of Cambo in Fyfe some time minister of the Gospell at Leith and her poor Orphans Shewing That albeit the petitioner obtained two severall acts the one dated the first day of June Jaj vjc Eightie Six years and the other dated the thrid day of June Jaj vjc Eightie Eight years from the Lords of Councill for the time, For the soume of two Thousand merks upon the speciall consideratione therin mentioned appointed by the said first act to be payed out of the vaccand stipend of the paroch of Kirktoune with ane hundred punds scots of necesary expences bestowed be her in procureing the said act And by the said second act appointed to be payed out of the first and readiest fynes to be Imposed be the Councill as the said two acts present to show bears And in respect non of the saids acts have taken effect, And that the petitioner and her poor Orphans are in great Straits, year at the point of Sterving, And that her father was not only a great suferrer Bot also the Laird of Cambo her uncle was killed at Tippermoor with many moe in Fyfe as is most notour And Therfore Humbly Craveing the saids Lords would take the premisses to ther serious Consideratione and to appoint Patrick Dundas of Breistmilne Collector of the Bishoprents to satisfie the petitioner of the said somnes deduceing seven hundred merks only received which is a great act of Charitie and Cannot be better bestowed then upon a poor widdow and her orphants as the petition given in to them be the above Anna Mortoune read in their presence They heirby Reccomend the petitioner to the Lords, Commissioners of their Majesties thesaurie To Consider the said petition and to grant the desyre therof as the saids Lords shall Find Just.

1. NRS, PC2/24, 275r-275v.

1. NRS, PC2/24, 275r-275v.

Act, 23 November 1693, Edinburgh

Posted on by

Edinburgh the Twentie thrid day of November Jaj vjc nyntie thrie years

D1693/11/231

Act

Act Sir George Nicolsone Against The Earle of Kellie

Anent a Petition given in to the Lords of their Majesties privy Councill be Sir George Nicolsone of Balcaskie Shewing That the Earle of Kellie and his factors and servants by his warrand and directione (as they pretend) haveing some moneths agoe most Illegally and unwarrantably come to the ground of the petitioners Lands of Green-dyke Greendykes which is a part of the barronie of Balcaskie, and ther sett doune a Coall Sink and wrought Coall within the contraverted marches of his saids Lands quherin he and his authors hade been in the peacable possessione be vertue of infeftments free of any servitude or pretence of Servitude these two hundred years and notwithstanding the petitioner interupted them both via paris by instruments and protestationes and via facti by dinging doune the mouth of their sink, They would not be interupted but persisted in their violence in their violence by working his Coall, quherupon the petitioner used Laborrowes against them and raised proce of Declarator and molestatione before the Judge ordinary Choiseing rather for to suffer for a time and to redress himself by legall means then either to deforce them by violence or to trouble the saids Lords with a Complaint, And they takeing advantage of the petitioners moderatione and forbearance, And that the sumer sessione did not sitt, have since sett doune severall sinks upon the petitioners very march, And Works the Coall in throw the petitioners ground wherby they wast his Coall haveing not only a Considerable seall for serving the Countrey Bot these two moneths bygone have hade Constantly two salt panns and some times thrie goeing with his Coall to his great prejudice and that now it would be a Considerable time before this proces before the sessione could come in by the course of the roll, And that in the mean time they are working his Coall day and night and abuseing it By which oppression the petitioner or his may be provocked to mantaine and keep thir oun right and possession by force Unles the saids Lords preveein their further oppression And Therfore Humbly Craveing the said Lords would be pleased to put a stopt to these ther unjust and Illegall introssiones and dischargeing them to work Coall pan wood or Lymewood, or wattermynds in his ground Untill the disscuss of the Civill actiones presently depending at his instance before the sessione for clearing therof as the said petitione bears The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Sir George Niccolsone and answers made therto for the Earle of Kellie They allow both parties to adduce witneses for proveing their respective possessiones and interuptiones founded upon be them in the said bill or answers respective And allowes letters of dilligence to be direct at aither of their instances for citeing the said witnesses to Compeir against the fifth day of December nixt.

Edinburgh the Twentie thrid day of November Jaj vjc nyntie thrie years

D1693/11/231

Act

Act Sir George Nicolsone Against The Earle of Kellie

Anent a Petition given in to the Lords of their Majesties privy Councill be Sir George Nicolsone of Balcaskie Shewing That the Earle of Kellie and his factors and servants by his warrand and directione (as they pretend) haveing some moneths agoe most Illegally and unwarrantably come to the ground of the petitioners Lands of Green-dyke Greendykes which is a part of the barronie of Balcaskie, and ther sett doune a Coall Sink and wrought Coall within the contraverted marches of his saids Lands quherin he and his authors hade been in the peacable possessione be vertue of infeftments free of any servitude or pretence of Servitude these two hundred years and notwithstanding the petitioner interupted them both via paris by instruments and protestationes and via facti by dinging doune the mouth of their sink, They would not be interupted but persisted in their violence in their violence by working his Coall, quherupon the petitioner used Laborrowes against them and raised proce of Declarator and molestatione before the Judge ordinary Choiseing rather for to suffer for a time and to redress himself by legall means then either to deforce them by violence or to trouble the saids Lords with a Complaint, And they takeing advantage of the petitioners moderatione and forbearance, And that the sumer sessione did not sitt, have since sett doune severall sinks upon the petitioners very march, And Works the Coall in throw the petitioners ground wherby they wast his Coall haveing not only a Considerable seall for serving the Countrey Bot these two moneths bygone have hade Constantly two salt panns and some times thrie goeing with his Coall to his great prejudice and that now it would be a Considerable time before this proces before the sessione could come in by the course of the roll, And that in the mean time they are working his Coall day and night and abuseing it By which oppression the petitioner or his may be provocked to mantaine and keep thir oun right and possession by force Unles the saids Lords preveein their further oppression And Therfore Humbly Craveing the said Lords would be pleased to put a stopt to these ther unjust and Illegall introssiones and dischargeing them to work Coall pan wood or Lymewood, or wattermynds in his ground Untill the disscuss of the Civill actiones presently depending at his instance before the sessione for clearing therof as the said petitione bears The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Sir George Niccolsone and answers made therto for the Earle of Kellie They allow both parties to adduce witneses for proveing their respective possessiones and interuptiones founded upon be them in the said bill or answers respective And allowes letters of dilligence to be direct at aither of their instances for citeing the said witnesses to Compeir against the fifth day of December nixt.

1. NRS, PC2/24, 274v-275r.

1. NRS, PC2/24, 274v-275r.

Procedure, 23 November 1693, Edinburgh

Posted on by

Edinburgh the Twentie thrid day of November Jaj vjc nyntie thrie years

D1693/11/221

Procedure

Protestatione Issobell Aird Against Cassingray.

The Lords of their Majesties privy Councill have Admitted and heirby Admitts protestatione Issobell Aird relict of umquhile Mr William Violet minister at Cambusnethen and late minister at Ferrie Partoune Craig charger Against Mr James Melvill of Cassingray Suspender superextending extract till Friday nixt be over that the suspender may produce his suspensione betwixt and that time.

Edinburgh the Twentie thrid day of November Jaj vjc nyntie thrie years

D1693/11/221

Procedure

Protestatione Issobell Aird Against Cassingray.

The Lords of their Majesties privy Councill have Admitted and heirby Admitts protestatione Issobell Aird relict of umquhile Mr William Violet minister at Cambusnethen and late minister at Ferrie Partoune Craig charger Against Mr James Melvill of Cassingray Suspender superextending extract till Friday nixt be over that the suspender may produce his suspensione betwixt and that time.

1. NRS, PC2/24, 274v.

1. NRS, PC2/24, 274v.

Judicial Proceeding, 23 November 1693, Edinburgh

Posted on by

Edinburgh the Twentie thrid day of November Jaj vjc nyntie thrie years

D1693/11/211

Judicial Proceeding

Comittie and interloquitor Scot of Heychester Against Scot of Assenden.

The Lybell at the instance Gidion Scot of Heychester and others against Adam Scot of Hassenden and others being this day called in presence of the Lords of their majesties privy Councill and Scot of Heychester one of the pursuers Compeiring personally with Sir James Ogilvie and Mr Robert Stewart senior advocats for the haill pursuer and Robert Scot of Hassenden and others of the defenders Compeiring also personally with Mr Hew Dalrymple and Mr David Forbes advocats for the haill defenders the pursuers advocats post from Mr John Frazer one of the defenders and the rest of the defenders being all cited Called and not Compeiring, The Lybell and answers being read, The pursuers Craved Certificatione against the absent defenders, and the defenders advocats repeated the Lybell of reconventione raised at their instance without desyreing the same to be read ad hun et effectum that they may have yet a warrand to cite witnesses who being in the Countrey could not be cited tymeously since the raiseing of the reconventione before calling the principall Lybell The Lords of their majesties privy Councill haveing Considered the Lybell and answers with the two decreets before the Comissione for plantatione of kirks both produced for the pursuars and haveing heard both parties advocats fully on the matter They Refuse to grant Certificatione against the absent defenders till the conclusione of the cause, And allowes the defenders to raise new letters of reconventione and therupon to cite witnesses against the thretie day of november instant Bot refuses dilligence on the letters allready raised And the witnesses presented on the pursuers Lybell haveing made faith at the barr The saids Lords appoints the witnesses on the pursuers Lybell to be received and nominats and appoints the Earle of Forfar the Viscount of Tarbat and Sir Robert Sinclar of Stivensone or any two of them to be a Comittie for examineing the witnesses, And Grants letters for farder dilligence by Caption against Adam Sanderson in Hassandenburne, James Rodger in Apletreehall Robert Huntlie their Androw Deans in Easterburnfoot Robert Deans ther, George Deans in Hawick Willim Hardie ther William Scot Boatman at Langlands James Crosser his Servant William Ogilvie in Todshawhall James2 Cellar Weaver in Appletreehall Robert Riddell in Makanlaw Robert Nicoll ther James Niccoll ther, George Scot in Maynes and Androw Rae in Alnmuir the witnesses cited and not Compeiring in the principall Lybell And assignes the […] day of […] for doeing farder dilligence

Edinburgh the Twentie thrid day of November Jaj vjc nyntie thrie years

D1693/11/211

Judicial Proceeding

Comittie and interloquitor Scot of Heychester Against Scot of Assenden.

The Lybell at the instance Gidion Scot of Heychester and others against Adam Scot of Hassenden and others being this day called in presence of the Lords of their majesties privy Councill and Scot of Heychester one of the pursuers Compeiring personally with Sir James Ogilvie and Mr Robert Stewart senior advocats for the haill pursuer and Robert Scot of Hassenden and others of the defenders Compeiring also personally with Mr Hew Dalrymple and Mr David Forbes advocats for the haill defenders the pursuers advocats post from Mr John Frazer one of the defenders and the rest of the defenders being all cited Called and not Compeiring, The Lybell and answers being read, The pursuers Craved Certificatione against the absent defenders, and the defenders advocats repeated the Lybell of reconventione raised at their instance without desyreing the same to be read ad hun et effectum that they may have yet a warrand to cite witnesses who being in the Countrey could not be cited tymeously since the raiseing of the reconventione before calling the principall Lybell The Lords of their majesties privy Councill haveing Considered the Lybell and answers with the two decreets before the Comissione for plantatione of kirks both produced for the pursuars and haveing heard both parties advocats fully on the matter They Refuse to grant Certificatione against the absent defenders till the conclusione of the cause, And allowes the defenders to raise new letters of reconventione and therupon to cite witnesses against the thretie day of november instant Bot refuses dilligence on the letters allready raised And the witnesses presented on the pursuers Lybell haveing made faith at the barr The saids Lords appoints the witnesses on the pursuers Lybell to be received and nominats and appoints the Earle of Forfar the Viscount of Tarbat and Sir Robert Sinclar of Stivensone or any two of them to be a Comittie for examineing the witnesses, And Grants letters for farder dilligence by Caption against Adam Sanderson in Hassandenburne, James Rodger in Apletreehall Robert Huntlie their Androw Deans in Easterburnfoot Robert Deans ther, George Deans in Hawick Willim Hardie ther William Scot Boatman at Langlands James Crosser his Servant William Ogilvie in Todshawhall James2 Cellar Weaver in Appletreehall Robert Riddell in Makanlaw Robert Nicoll ther James Niccoll ther, George Scot in Maynes and Androw Rae in Alnmuir the witnesses cited and not Compeiring in the principall Lybell And assignes the […] day of […] for doeing farder dilligence

1. NRS, PC2/24, 273v-274r.

2. One illegible word scored out here.

1. NRS, PC2/24, 273v-274r.

2. One illegible word scored out here.

Warrant, 23 November 1693, Edinburgh

Posted on by

Edinburgh the Twentie thrid day of November Jaj vjc nyntie thrie years

D1693/11/201

Warrant

Warrand for detaineing Ensigne Ker prisoner

The Lords of their majesties privy Councill Doe heirby give order and warrand to the magistrats of Edinburgh and keeper of their Tolbooth to keeper detaine the persone of William Ker ensigne in Sir Thomas Livingstounes regiement prisoner within their said Tolbooth wherin he presently is, and not to suffer him to come furth therof without farder order of Councill.

Edinburgh the Twentie thrid day of November Jaj vjc nyntie thrie years

D1693/11/201

Warrant

Warrand for detaineing Ensigne Ker prisoner

The Lords of their majesties privy Councill Doe heirby give order and warrand to the magistrats of Edinburgh and keeper of their Tolbooth to keeper detaine the persone of William Ker ensigne in Sir Thomas Livingstounes regiement prisoner within their said Tolbooth wherin he presently is, and not to suffer him to come furth therof without farder order of Councill.

1. NRS, PC2/24, 273v.

1. NRS, PC2/24, 273v.

Sederunt, 23 November 1693, Edinburgh

Posted on by

Edinburgh the Twentie thrid day of November Jaj vjc nyntie thrie years1

D1693/11/192

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Anandale; Earl of Forfar; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Ross; Lord Advocat; Lord Justice Clerk; Lord Fountonhall; Lord Enstruther; Laird of Stivensone

Edinburgh the Twentie thrid day of November Jaj vjc nyntie thrie years1

D1693/11/192

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Anandale; Earl of Forfar; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Ross; Lord Advocat; Lord Justice Clerk; Lord Fountonhall; Lord Enstruther; Laird of Stivensone

1. NRS, PC2/24, 273v.

2. NRS, PC2/24, 273v.

1. NRS, PC2/24, 273v.

2. NRS, PC2/24, 273v.