Tag Archives: November

Warrant, 14 November 1699, Edinburgh

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Att Edinburgh the fourtein day of November Jaj vic nyntie nyne

D1699/11/71

Warrant

Warrand Anent David Edie

The Lords of his Majesties privy Councill Doe hereby give order and warrant to ther Clerks to delyver up to David Aedie merchant in Aberdein a bond granted by him as principall and Mr George Skeen professor of philosophie in the old Colledge of Aberdeen as Cautioner for the said David Aedie his appearance before the Councill att the time contained in the bond and that he shall Live peaceably in Comon forme under the penalty of Two hundred pounds Sterling, Which bond is dated the Second and Seventh dayes of August Last by past Jaj vic Nyntie Nyne, For which this shall be to the saids Clerks and all others concerned a Sufficient warrant.

Att Edinburgh the fourtein day of November Jaj vic nyntie nyne

D1699/11/71

Warrant

Warrand Anent David Edie

The Lords of his Majesties privy Councill Doe hereby give order and warrant to ther Clerks to delyver up to David Aedie merchant in Aberdein a bond granted by him as principall and Mr George Skeen professor of philosophie in the old Colledge of Aberdeen as Cautioner for the said David Aedie his appearance before the Councill att the time contained in the bond and that he shall Live peaceably in Comon forme under the penalty of Two hundred pounds Sterling, Which bond is dated the Second and Seventh dayes of August Last by past Jaj vic Nyntie Nyne, For which this shall be to the saids Clerks and all others concerned a Sufficient warrant.

1. NRS, PC2/27, 253v.

1. NRS, PC2/27, 253v.

Act, 14 November 1699, Edinburgh

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Att Edinburgh the fourtein day of November Jaj vic nyntie nyne

D1699/11/61

Act

Act for Liberating of Mr Robert Whyt

Anent the petition given in to the Lords of his majesties privy Councill be Mr Robert White of Bannochie Shewing That wher the petitioner was Imprisoned in the Tolbooth of Edinburgh by a warrand from the saids Lords for some Rash and undecent expressions cited by the petitioner in a paper read before the saids Lords The petitioner does with all profound Submission acquiesce in the punishment inflicted, and most humbly acknowledge the saids Lords Lenitie therin and the petitioner does Sinceirly profess the petitioners deep sense of the guilt, In that the petitioner hade done any thing which might in the Least have provocked the saids Lords to displeasure For which the petitioner begs the saids Lords pardon, And doe most Sinceirly Declair the petitioners uttur abhorence and detestation at any thing that might give offence to any of the saids Lords and particularly my Lord Rankeillor, And the petitioner Shall bend his Outtmost endeavours to testifie his Sinceir repentance by his future practice And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned as the petitione bears The Lords of his Majesties privy Councill haveing Considered this petition given in to them be the above Mr Robert Whyte They hereby Give order and warrant to the Magistrats of Edinburgh and keepers of their Tolbooth upon Sight hereof to sett the said petition at Liberty furth therof which this shall be to all concerned ane Sufficient warrant.

Att Edinburgh the fourtein day of November Jaj vic nyntie nyne

D1699/11/61

Act

Act for Liberating of Mr Robert Whyt

Anent the petition given in to the Lords of his majesties privy Councill be Mr Robert White of Bannochie Shewing That wher the petitioner was Imprisoned in the Tolbooth of Edinburgh by a warrand from the saids Lords for some Rash and undecent expressions cited by the petitioner in a paper read before the saids Lords The petitioner does with all profound Submission acquiesce in the punishment inflicted, and most humbly acknowledge the saids Lords Lenitie therin and the petitioner does Sinceirly profess the petitioners deep sense of the guilt, In that the petitioner hade done any thing which might in the Least have provocked the saids Lords to displeasure For which the petitioner begs the saids Lords pardon, And doe most Sinceirly Declair the petitioners uttur abhorence and detestation at any thing that might give offence to any of the saids Lords and particularly my Lord Rankeillor, And the petitioner Shall bend his Outtmost endeavours to testifie his Sinceir repentance by his future practice And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned as the petitione bears The Lords of his Majesties privy Councill haveing Considered this petition given in to them be the above Mr Robert Whyte They hereby Give order and warrant to the Magistrats of Edinburgh and keepers of their Tolbooth upon Sight hereof to sett the said petition at Liberty furth therof which this shall be to all concerned ane Sufficient warrant.

1. NRS, PC2/27, 253r-253v.

1. NRS, PC2/27, 253r-253v.

Sederunt, 14 November 1699, Edinburgh

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Att Edinburgh the fourtein day of November Jaj vic nyntie nyne1

D1699/11/52

Sederunt

Lord Chancelor; Earl of Melvill: P:C:; Earl of Crafurd; Earl of Lothian; Earl of Lowdone; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Forbes; Lord Ruthven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Lord Rankellor; Mr Fra: Montgomry; Lord Provest of Edinburgh

Att Edinburgh the fourtein day of November Jaj vic nyntie nyne1

D1699/11/52

Sederunt

Lord Chancelor; Earl of Melvill: P:C:; Earl of Crafurd; Earl of Lothian; Earl of Lowdone; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Forbes; Lord Ruthven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Lord Rankellor; Mr Fra: Montgomry; Lord Provest of Edinburgh

1. NRS, PC2/27, 253r.

2. NRS, PC2/27, 253r.

1. NRS, PC2/27, 253r.

2. NRS, PC2/27, 253r.

Warrant, 9 November 1699, Edinburgh

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Att Edinburgh the Nynth day of November Jaj vic Nyntie Nyne years

D1699/11/41

Warrant

Warrant To James Sinclar anent his horsies etc

The Lords of his Majesties privy Councill Doe hereby Ordaine the goods arreisted upon the decreet of the Commissioners of the northern district in the hands of John Southerland merchant in Elgine Viz thrie horsses and all other goods belonging to James 2 Sinclar brother to the Laird of Dumbeath in the said John Southerland his hands to be delyvered up to the said James Sinclar The sd James Sinclar allwayes before extracting hereof finding Sufficient Caution acted in the books of privy Councill, That he shall make furthcomeing the saids horsses and goods for payment of the Soumes forsaids and others for which they are arrested by the saids Commissioners their decreet in case it shall be found by the Lords of his Majesties privy Councill that he ought so to doe.

Att Edinburgh the Nynth day of November Jaj vic Nyntie Nyne years

D1699/11/41

Warrant

Warrant To James Sinclar anent his horsies etc

The Lords of his Majesties privy Councill Doe hereby Ordaine the goods arreisted upon the decreet of the Commissioners of the northern district in the hands of John Southerland merchant in Elgine Viz thrie horsses and all other goods belonging to James 2 Sinclar brother to the Laird of Dumbeath in the said John Southerland his hands to be delyvered up to the said James Sinclar The sd James Sinclar allwayes before extracting hereof finding Sufficient Caution acted in the books of privy Councill, That he shall make furthcomeing the saids horsses and goods for payment of the Soumes forsaids and others for which they are arrested by the saids Commissioners their decreet in case it shall be found by the Lords of his Majesties privy Councill that he ought so to doe.

1. NRS, PC2/27, 252v-253r.

2. An illegible word scored out here.

1. NRS, PC2/27, 252v-253r.

2. An illegible word scored out here.

Act, 9 November 1699, Edinburgh

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Att Edinburgh the Nynth day of November Jaj vic Nyntie Nyne years

D1699/11/31

Act

Act George Mossman Stationer Anent the Printing of the works of Mr George Buchanan

The Lords of his Majesties privy Councill Doe hereby Grant full priviledge power and warrand to George Mossman Stationer in Edinburgh his heirs or assigneyes To print vend and sell all the werks of the Learned Mr George Buchanan in ane volume in folio or by parts in Lesser volumes, and discharges all others to print Import vend or sell the whole or any part of the said Mr George Buchanan his works in any volume or Character for the space of Nyntein years from and after the day and date hereof Excepting what are allready printed and Imported preseiding the date of thir presents with Certification to the Contraveeners, The Copies shall be seazed upon and Confiscat to the use of the said George Mossman and his forsaids, attour that the persones forsaids shall be Lyable to them in the payment of Fyve hundred merks scots of fine toties quoties besides the forsaid Confiscation, and by and attour the samen.

Att Edinburgh the Nynth day of November Jaj vic Nyntie Nyne years

D1699/11/31

Act

Act George Mossman Stationer Anent the Printing of the works of Mr George Buchanan

The Lords of his Majesties privy Councill Doe hereby Grant full priviledge power and warrand to George Mossman Stationer in Edinburgh his heirs or assigneyes To print vend and sell all the werks of the Learned Mr George Buchanan in ane volume in folio or by parts in Lesser volumes, and discharges all others to print Import vend or sell the whole or any part of the said Mr George Buchanan his works in any volume or Character for the space of Nyntein years from and after the day and date hereof Excepting what are allready printed and Imported preseiding the date of thir presents with Certification to the Contraveeners, The Copies shall be seazed upon and Confiscat to the use of the said George Mossman and his forsaids, attour that the persones forsaids shall be Lyable to them in the payment of Fyve hundred merks scots of fine toties quoties besides the forsaid Confiscation, and by and attour the samen.

1. NRS, PC2/27, 250r-252v.

1. NRS, PC2/27, 250r-252v.

Decreet, 9 November 1699, Edinburgh

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Att Edinburgh the Nynth day of November Jaj vic Nyntie Nyne years

D1699/11/21

Decreet

Denunciation Clepan and others against Halyburton and others

Anent the lybell or Letters of Complaint raised before the Lords of his Majesties privy Councill be Mr George Clepan minister at the kirk of Newtylle Mr James Marr minister at Murrayes in Angus and Mr James Robertson Minister at Glenmuick in Aberdeen Shyre with Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwrittin Making Mention That wher by the Lawes and acts of parliament all men ought to keep the publict peace and all wrong and violence is strictly prohibit and particularly Ministers of the Gospell whose functions and persones are seized, are under the more speciall protectione of the saids Lawes and all injuries and violence Committed against them are thereby more heavily aggravated Nevertheless It is of verity that the said Mr George Clepeine haveing been Lawfullie and orderly ordained ministers at the said kirk of Newtyle is not only to this day denyed the possession of his Manse, and the said Manse and the possessione therof violently detained from him by Mr Alexander Mckenzie once incumbent at the said kirk bot deprived from being Ministers their by Sentence of the Lords of his Majesties privy Councill for his disaffectione to his Majesties governments And that albeit by the said Sentence he was ordained to remove from the Same Bot also the said Mr George Clepan purswer was refused any house or shelter within the said paroch and that principally by the procurement of Dame […] Halyburtonne now Spouse to Mr Rory McKenzie of Prestonhall and Mr George Halyburtone late Bishop of Aberdein who unwarantably preaches at the Halltoine of Newtyle within the said paroch and furder when the said Mr George Clepan had lately reapt the corne of his Gleib and hade caused stack the same in the yeard belonging to the Manse, yet upon the Nynteinth or ane or other of the dayes of September last the persones following Viz Issobell Smith Margrat Beg and Jean Syme all servants to the said Dame […] Halyburtone with Margaret Ratray spouse to John Chrystie Shooll master in Newtyle Christian Luke his servant, Margaret Martine spouse to James Fener Church officer ther Euphan Kyle spouse to David Smith brewer ther Jean Allardyce spouse to Alexander Moncurr taylot ther Issobell Foord Spouse to George Kinnaird Couper ther and Cicill Kinnaird his sister, Did come most maliciously to the said yeard and throw down the said Coirnes, and threw them over the manse dykes, casting them furth in a destroying maner wherby they were Laid in broad bond and defacto the nixt night were greatly spoilled by a heavy rain that then fell all which was done by the causeing sending hunding out or ratihabition of the said Dame […] Halyburton who maliciously Saw the Same done without offering to restraine so much as her oun servants Which malice of the said Dame […] Halyburtone is so much the more malicious that it is a farder Cryme added by her to the Ryot of which she is accessory against the said Mr James Marr upon the fyftein day of May Jaj vic nyntie Eight years And for which She Stands also accused with the said Mr Rorie Mckenzie her husband for his intrest before the Lords of his majesties privy Councill In so farr as the said Mr James Marr haveing been sent by the presbytrie to preach in the said kirk of Newtyle then vaccant he found the Church doors Shutt and a multitude of men and women gaurding the same with the haill Church yeard dykes round about, so that when the said Mr James offered to enter he was by them violently opposed especially by Duncan Mckenzie Alexander Mccleod James Brown and Patrick Gordon on all servants to the said Prestonhall and the other persones mentioned in the said lybell against whom also for her Contumacie and not Compearing Certificatione was granted, and which ryot was of the Causeing hounding out or Ratihabitione of the said Dame […] Halyburtone and her spouse for her intrest who were at the time in the kirk hearing one Mr William Ratray a deprived Minister for his dissatisfactione to the Government Likeas the said Dame […] Halyburtone did at that time send order to all the tennents about the said kirk not2 to suffer the Minister Sent by the presbytrie to enter the kirk nor to give him, so much as a drink of watter which was accordingly done, and furder when Mr James Robertsone was again sent by the presbytrie to preach the nixt Sabbath at the said kirk of Newtyle, The said Mr James did againe find the kirk and kirk yeard Shutt barracaded and guarded albeit mostly by the persones abovenamed and by the instigatione abovementioned, Wherby the said Mr James was was3 repulsed as the said lybell formerly insisted in upon the twenty Eight of June Jaj vic nyntie Eight years, and then continued as to Prestonhall his Lady and Servant more fully bears Likeas to foment and increase the nottour dissatisfaction of the said place and paroch the said Mr George Halyburtone late Bishop of Aberdeen, albeit not qualified according to Law presumes to preach at the said Haltoune of Newtyle and hath Likewayes taken upon him to ordaine Ministers such as Mr George Anderson some time Chaplaine to the Earle of Forfarr about a year agoe all Contrary to the express acts of parliament By all which its evident That the forsaid Dame […] Halyburton, Mr George Halyburtone, Mr Alexander Mckenzie and the haill other persones abovenamed are guilty airt and part of the Crymes and disorders above Lybelled or ane or other of them, which being duely proven The said Dame […] Halyburtone and her said husband for his intrest as also the forsaid other persones above mentioned ought to be punished by sentance of the Lords of his Majesties privy Councill in their persones and goods to the example and terror of others to committ the like in time comeing; And Anent the Charge given to the haill fornamed persones defenders To have Compeared personally before the saids Lords at ane Certaine day now bygone To answer to the points of the forsaid Complaint and to hear and See such order and Course taken theranent as they shall find Just As in the forsaid Lybell or Letters and executiones therof at more Length is contained, Which Lybell being this day called in presence of the saids Lords of his majesties privy Councill and the said Mr George Clepane one of the pursuers Compearing personally And the rest of the pursuers being oft times called and not Compearing, And Sir James Stewart his Majesties advocat Compearing as advocat for the haill pursuers, And the haill defenders named in the lybell except the Lady Prestonhall and Alexander Mccleod servitor to Mr Rorie Mckenzie of Prestonhall being all Lawfullie cited oft times called and not Compearing, Mr Alexander Mccleod advocat produced a declaratione subscrybed by Mr David Fortheringhame doctor of medicine at Dundie wherby he declares upon his soul and Conscience that the said Dame Margrat Halyburtone Lady Prestonhall by reasone of her indispositione of body cannot travell to Edinburgh without danger of her life The saids Lords of his majesties privy Councill Haveing Considered the above Lybell with the declaratione of the Lady Prestonhalls indispositione They hereby Sustaine the forsaid declaratione as a sufficient excuse for the Ladies absence And In respect that the haill defenders contained in the lybell are all absent except the said Alexander Mccleod, Therfore the saids Lords Grants Certificatione against the haill defenders Contained in the lybell for their absence and not Compearance (Except the Lady Prestonhall and Alexander Mccleod) and ordaines Letters of Denunciatione to be direct to macers or messengers at armes to pass to the marcat Cross of […] and other places needfull, and ther in his Majesties name and authoritie duely Lawfullie and orderly denounce the haill abovenamed defenders Contained in the above Lybell (Except the said Lady Prestonhall and Alexander Mccleod) and to ordaine all their moveable goods and geir to be Escheat and inbrought to his Majesties use for their contempt and disobedience And the saids Lords Gives order and warrand to the Sherriff principall of the Shire of Forfarr within which the paroch of Newtyle Lyes or his deputes to take care to see the above Mr George Clepane Minister at Newtyle entered and keept in the peaceable possessione of the Manse of Newtyle with the Gleib and kirk of the said paroch.

Att Edinburgh the Nynth day of November Jaj vic Nyntie Nyne years

D1699/11/21

Decreet

Denunciation Clepan and others against Halyburton and others

Anent the lybell or Letters of Complaint raised before the Lords of his Majesties privy Councill be Mr George Clepan minister at the kirk of Newtylle Mr James Marr minister at Murrayes in Angus and Mr James Robertson Minister at Glenmuick in Aberdeen Shyre with Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwrittin Making Mention That wher by the Lawes and acts of parliament all men ought to keep the publict peace and all wrong and violence is strictly prohibit and particularly Ministers of the Gospell whose functions and persones are seized, are under the more speciall protectione of the saids Lawes and all injuries and violence Committed against them are thereby more heavily aggravated Nevertheless It is of verity that the said Mr George Clepeine haveing been Lawfullie and orderly ordained ministers at the said kirk of Newtyle is not only to this day denyed the possession of his Manse, and the said Manse and the possessione therof violently detained from him by Mr Alexander Mckenzie once incumbent at the said kirk bot deprived from being Ministers their by Sentence of the Lords of his Majesties privy Councill for his disaffectione to his Majesties governments And that albeit by the said Sentence he was ordained to remove from the Same Bot also the said Mr George Clepan purswer was refused any house or shelter within the said paroch and that principally by the procurement of Dame […] Halyburtonne now Spouse to Mr Rory McKenzie of Prestonhall and Mr George Halyburtone late Bishop of Aberdein who unwarantably preaches at the Halltoine of Newtyle within the said paroch and furder when the said Mr George Clepan had lately reapt the corne of his Gleib and hade caused stack the same in the yeard belonging to the Manse, yet upon the Nynteinth or ane or other of the dayes of September last the persones following Viz Issobell Smith Margrat Beg and Jean Syme all servants to the said Dame […] Halyburtone with Margaret Ratray spouse to John Chrystie Shooll master in Newtyle Christian Luke his servant, Margaret Martine spouse to James Fener Church officer ther Euphan Kyle spouse to David Smith brewer ther Jean Allardyce spouse to Alexander Moncurr taylot ther Issobell Foord Spouse to George Kinnaird Couper ther and Cicill Kinnaird his sister, Did come most maliciously to the said yeard and throw down the said Coirnes, and threw them over the manse dykes, casting them furth in a destroying maner wherby they were Laid in broad bond and defacto the nixt night were greatly spoilled by a heavy rain that then fell all which was done by the causeing sending hunding out or ratihabition of the said Dame […] Halyburton who maliciously Saw the Same done without offering to restraine so much as her oun servants Which malice of the said Dame […] Halyburtone is so much the more malicious that it is a farder Cryme added by her to the Ryot of which she is accessory against the said Mr James Marr upon the fyftein day of May Jaj vic nyntie Eight years And for which She Stands also accused with the said Mr Rorie Mckenzie her husband for his intrest before the Lords of his majesties privy Councill In so farr as the said Mr James Marr haveing been sent by the presbytrie to preach in the said kirk of Newtyle then vaccant he found the Church doors Shutt and a multitude of men and women gaurding the same with the haill Church yeard dykes round about, so that when the said Mr James offered to enter he was by them violently opposed especially by Duncan Mckenzie Alexander Mccleod James Brown and Patrick Gordon on all servants to the said Prestonhall and the other persones mentioned in the said lybell against whom also for her Contumacie and not Compearing Certificatione was granted, and which ryot was of the Causeing hounding out or Ratihabitione of the said Dame […] Halyburtone and her spouse for her intrest who were at the time in the kirk hearing one Mr William Ratray a deprived Minister for his dissatisfactione to the Government Likeas the said Dame […] Halyburtone did at that time send order to all the tennents about the said kirk not2 to suffer the Minister Sent by the presbytrie to enter the kirk nor to give him, so much as a drink of watter which was accordingly done, and furder when Mr James Robertsone was again sent by the presbytrie to preach the nixt Sabbath at the said kirk of Newtyle, The said Mr James did againe find the kirk and kirk yeard Shutt barracaded and guarded albeit mostly by the persones abovenamed and by the instigatione abovementioned, Wherby the said Mr James was was3 repulsed as the said lybell formerly insisted in upon the twenty Eight of June Jaj vic nyntie Eight years, and then continued as to Prestonhall his Lady and Servant more fully bears Likeas to foment and increase the nottour dissatisfaction of the said place and paroch the said Mr George Halyburtone late Bishop of Aberdeen, albeit not qualified according to Law presumes to preach at the said Haltoune of Newtyle and hath Likewayes taken upon him to ordaine Ministers such as Mr George Anderson some time Chaplaine to the Earle of Forfarr about a year agoe all Contrary to the express acts of parliament By all which its evident That the forsaid Dame […] Halyburton, Mr George Halyburtone, Mr Alexander Mckenzie and the haill other persones abovenamed are guilty airt and part of the Crymes and disorders above Lybelled or ane or other of them, which being duely proven The said Dame […] Halyburtone and her said husband for his intrest as also the forsaid other persones above mentioned ought to be punished by sentance of the Lords of his Majesties privy Councill in their persones and goods to the example and terror of others to committ the like in time comeing; And Anent the Charge given to the haill fornamed persones defenders To have Compeared personally before the saids Lords at ane Certaine day now bygone To answer to the points of the forsaid Complaint and to hear and See such order and Course taken theranent as they shall find Just As in the forsaid Lybell or Letters and executiones therof at more Length is contained, Which Lybell being this day called in presence of the saids Lords of his majesties privy Councill and the said Mr George Clepane one of the pursuers Compearing personally And the rest of the pursuers being oft times called and not Compearing, And Sir James Stewart his Majesties advocat Compearing as advocat for the haill pursuers, And the haill defenders named in the lybell except the Lady Prestonhall and Alexander Mccleod servitor to Mr Rorie Mckenzie of Prestonhall being all Lawfullie cited oft times called and not Compearing, Mr Alexander Mccleod advocat produced a declaratione subscrybed by Mr David Fortheringhame doctor of medicine at Dundie wherby he declares upon his soul and Conscience that the said Dame Margrat Halyburtone Lady Prestonhall by reasone of her indispositione of body cannot travell to Edinburgh without danger of her life The saids Lords of his majesties privy Councill Haveing Considered the above Lybell with the declaratione of the Lady Prestonhalls indispositione They hereby Sustaine the forsaid declaratione as a sufficient excuse for the Ladies absence And In respect that the haill defenders contained in the lybell are all absent except the said Alexander Mccleod, Therfore the saids Lords Grants Certificatione against the haill defenders Contained in the lybell for their absence and not Compearance (Except the Lady Prestonhall and Alexander Mccleod) and ordaines Letters of Denunciatione to be direct to macers or messengers at armes to pass to the marcat Cross of […] and other places needfull, and ther in his Majesties name and authoritie duely Lawfullie and orderly denounce the haill abovenamed defenders Contained in the above Lybell (Except the said Lady Prestonhall and Alexander Mccleod) and to ordaine all their moveable goods and geir to be Escheat and inbrought to his Majesties use for their contempt and disobedience And the saids Lords Gives order and warrand to the Sherriff principall of the Shire of Forfarr within which the paroch of Newtyle Lyes or his deputes to take care to see the above Mr George Clepane Minister at Newtyle entered and keept in the peaceable possessione of the Manse of Newtyle with the Gleib and kirk of the said paroch.

1. NRS, PC2/27, 250r-252v.

2. Insertion.

3. Sic.

1. NRS, PC2/27, 250r-252v.

2. Insertion.

3. Sic.

Sederunt, 9 November 1699, Edinburgh

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Att Edinburgh the Nynth day of November Jaj vic Nyntie Nyne years1

D1699/11/12

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Earl of Buchan; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Forbes; Lord Ruthven; Lord Boyle; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberurchill; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Lord Rankeillor; Lord Phesdoe; Mr Fra: Montgomry; Lord Provest of Edinburgh

Att Edinburgh the Nynth day of November Jaj vic Nyntie Nyne years1

D1699/11/12

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Earl of Buchan; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Forbes; Lord Ruthven; Lord Boyle; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberurchill; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Lord Rankeillor; Lord Phesdoe; Mr Fra: Montgomry; Lord Provest of Edinburgh

1. NRS, PC2/27, 249v.

2. NRS, PC2/27, 249v.

1. NRS, PC2/27, 249v.

2. NRS, PC2/27, 249v.

Act, 29 November 1698, Edinburgh

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Att Edinburgh the Twentie Nynth day of November Jaj vic Nyntie Eight

D1698/11/151

Act

Act Mrs Duncan ane alleadged Witch

Anent the petition given in to the Lords of his Majesties privy Councill be Mary Morison Spouse to Francis Duncan Skipper in Greenock Shewing That wher the Supplicant being Confiend by the saids Lords within the Town of Edinburgh untill the fiftein instant and Oblidged to find sufficient Caution to Sist her self before the Lords of Justiciary againe that day or Sooner if his Majesties advocat (to whom their Lordships Recomended to prosecute a tryall againest the petitioner as being alledged guilty of the abominable crime of Witchcraft) should insist against the petitioner, The petitioner accordingly found the said Caution acted in the saids Lords books and also to the shireff of Renfrew, and no persone haveing offered to informe against the petitioner nor has his Majesties advocat raised any indictment against the petitioner in all that time, after Elapse of the said fiftein instant, The petitioner did apply to the saids Lords for a Libertie to returne home, and that the petitioners husband might gett up his bonds given to the saids Lords Clerk and Shirreff of Renfrew, The saids Lords upon the Twentie Second instant were pleased to allow the petitioner to returne home Bot ordained her husband to find Caution to Sist the petitioner before the Lords of Justiciary Or any to be Commissionat by the saids Lords for trying the said abominable Cryme how soon the petitioner should be informed against, As to which last point the supplicant beggs Leave humbly to represent to the saids Lords, That the petitioner was and is still willing to undergoe any truall relateing to that crime or any Malefice done to the petitioners nighbours from her birth, And if my Lord advocat had raised ane indictment theranent against the petitioner according to the saids Lords ordinarie, and if his Lordship had not insisted against the petitioner again the day prefixed then the dyet would have been deserted and the petitioner allowed to returne home without finding Cautione or any other trouble And Seing no indictment is raised nor any information given against her after such a Competent time allowed by the saids Lords for doeing therof is Elapsed the petitioner humbly conceived that she was in the same case as if ane indictment hade been raised against the petitioner and for want of probation or any relevant information the dyet hade been deserted As also if my Lord advocat would yet raise ane indictment against her She was Still ready and willing to undergoe the same here before the Lords of Justiciary and to bring in what witnesses shall be Condescended on upon her own charges, So as the petitioner be either acquit or found guilty and thereby the petitioner and her husband allowed to returne home to their poor numerous family which by their so long stay here are not only reduced to straits bot the petitioners husband debarred from the Lawfull exercise of his Imployment which under god is the only mean of our and poor families subsistance, and that ther is not the least fear of the petitioners withdrawing being altogither Innocent of what was groundlessly represented against the petitioner To which she obtests god to witnes And Therfore Humbly Craveing the saids Lords would be pleased in Consideratione of the premysses to allow the petitioner to returne home and to order her bonds to the saids Lords Clerk and the Shireff depute of Renfrew to be given up or else to ordaine My Lord advocat instently to insist against the petitioner before the Lords of Justicary which She was willing to undergoe and adduce what witnesses shall be Condescended on upon her oun charges. As the petition bears The Lords of his Majesties privy Councill Haveing Considered this petition given in to them by the above Mary Morison They do hereby allow the petitioner to returne to her oun house and takes off the Confinement formerly Laid on upon her, And Declares her quitt therof and free therfrae in all time comeing And gives order and warrand to their Clerks of Councill to delyver up to the petitioner or her husband the bond in their hands granted by her husband and his Cautioners therein specified of the date the thretein of September Last And gives order and warrand to Robert Semple Shirreff depute of Ranfrew or Robert Alexander his Clerk to delyver up to the petitioner or her husband the bond granted by her said husband and his Cautioners to the said Shirreff of Ranfrew, And Ordains Letters of horning on six dayes to be direct against the said Shirreff and his Clerk under the Signet of Councill for delyverie up of the said bond and others in forme as effeirs.

Att Edinburgh the Twentie Nynth day of November Jaj vic Nyntie Eight

D1698/11/151

Act

Act Mrs Duncan ane alleadged Witch

Anent the petition given in to the Lords of his Majesties privy Councill be Mary Morison Spouse to Francis Duncan Skipper in Greenock Shewing That wher the Supplicant being Confiend by the saids Lords within the Town of Edinburgh untill the fiftein instant and Oblidged to find sufficient Caution to Sist her self before the Lords of Justiciary againe that day or Sooner if his Majesties advocat (to whom their Lordships Recomended to prosecute a tryall againest the petitioner as being alledged guilty of the abominable crime of Witchcraft) should insist against the petitioner, The petitioner accordingly found the said Caution acted in the saids Lords books and also to the shireff of Renfrew, and no persone haveing offered to informe against the petitioner nor has his Majesties advocat raised any indictment against the petitioner in all that time, after Elapse of the said fiftein instant, The petitioner did apply to the saids Lords for a Libertie to returne home, and that the petitioners husband might gett up his bonds given to the saids Lords Clerk and Shirreff of Renfrew, The saids Lords upon the Twentie Second instant were pleased to allow the petitioner to returne home Bot ordained her husband to find Caution to Sist the petitioner before the Lords of Justiciary Or any to be Commissionat by the saids Lords for trying the said abominable Cryme how soon the petitioner should be informed against, As to which last point the supplicant beggs Leave humbly to represent to the saids Lords, That the petitioner was and is still willing to undergoe any truall relateing to that crime or any Malefice done to the petitioners nighbours from her birth, And if my Lord advocat had raised ane indictment theranent against the petitioner according to the saids Lords ordinarie, and if his Lordship had not insisted against the petitioner again the day prefixed then the dyet would have been deserted and the petitioner allowed to returne home without finding Cautione or any other trouble And Seing no indictment is raised nor any information given against her after such a Competent time allowed by the saids Lords for doeing therof is Elapsed the petitioner humbly conceived that she was in the same case as if ane indictment hade been raised against the petitioner and for want of probation or any relevant information the dyet hade been deserted As also if my Lord advocat would yet raise ane indictment against her She was Still ready and willing to undergoe the same here before the Lords of Justiciary and to bring in what witnesses shall be Condescended on upon her own charges, So as the petitioner be either acquit or found guilty and thereby the petitioner and her husband allowed to returne home to their poor numerous family which by their so long stay here are not only reduced to straits bot the petitioners husband debarred from the Lawfull exercise of his Imployment which under god is the only mean of our and poor families subsistance, and that ther is not the least fear of the petitioners withdrawing being altogither Innocent of what was groundlessly represented against the petitioner To which she obtests god to witnes And Therfore Humbly Craveing the saids Lords would be pleased in Consideratione of the premysses to allow the petitioner to returne home and to order her bonds to the saids Lords Clerk and the Shireff depute of Renfrew to be given up or else to ordaine My Lord advocat instently to insist against the petitioner before the Lords of Justicary which She was willing to undergoe and adduce what witnesses shall be Condescended on upon her oun charges. As the petition bears The Lords of his Majesties privy Councill Haveing Considered this petition given in to them by the above Mary Morison They do hereby allow the petitioner to returne to her oun house and takes off the Confinement formerly Laid on upon her, And Declares her quitt therof and free therfrae in all time comeing And gives order and warrand to their Clerks of Councill to delyver up to the petitioner or her husband the bond in their hands granted by her husband and his Cautioners therein specified of the date the thretein of September Last And gives order and warrand to Robert Semple Shirreff depute of Ranfrew or Robert Alexander his Clerk to delyver up to the petitioner or her husband the bond granted by her said husband and his Cautioners to the said Shirreff of Ranfrew, And Ordains Letters of horning on six dayes to be direct against the said Shirreff and his Clerk under the Signet of Councill for delyverie up of the said bond and others in forme as effeirs.

1. NRS, PC2/27, 156r-157r.

1. NRS, PC2/27, 156r-157r.

Procedure, 29 November 1698, Edinburgh

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Att Edinburgh the Twentie Nynth day of November Jaj vic Nyntie Eight

D1698/11/141

Procedure

Recommendation To Earl of Argyle to give a forelofe to Captain Durie

The Lords of his Majesties privy Councill Doe hereby Recommend to the Earle of Argyle Commander in Cheiff of his Majesties forces within this kingdome for the time to grant a forelofe to Captain […] Durie one of the ingeniers who as they are informed is designeing for London to last for the space of thrie Moneths from the granting therof.

Att Edinburgh the Twentie Nynth day of November Jaj vic Nyntie Eight

D1698/11/141

Procedure

Recommendation To Earl of Argyle to give a forelofe to Captain Durie

The Lords of his Majesties privy Councill Doe hereby Recommend to the Earle of Argyle Commander in Cheiff of his Majesties forces within this kingdome for the time to grant a forelofe to Captain […] Durie one of the ingeniers who as they are informed is designeing for London to last for the space of thrie Moneths from the granting therof.

1. NRS, PC2/27, 155v.

1. NRS, PC2/27, 155v.

Procedure, 29 November 1698, Edinburgh

Posted on by

Att Edinburgh the Twentie Nynth day of November Jaj vic Nyntie Eight

D1698/11/131

Procedure

Recomendatione to my Lord Advocat to enquyre anent a Challeng by a fenceing Master to another

Sir James Stewart his Majesties advocat haveing represented to the Lords of his Majesties privy Councill that ther was Just now put into his hands a Challenge at Sharps, which was sent by one fenceing Master by another to be performed in face of the Schooll, and severalls of the Councellors informing that it was bot a bussines of Sport, and that ther was no hazard in it, The saids Lords doe hereby Recommend to the said Lord advocat to enquyre farder in the matter, and to report to the Councill, or do therin as his Lordship shall think fitt.

Att Edinburgh the Twentie Nynth day of November Jaj vic Nyntie Eight

D1698/11/131

Procedure

Recomendatione to my Lord Advocat to enquyre anent a Challeng by a fenceing Master to another

Sir James Stewart his Majesties advocat haveing represented to the Lords of his Majesties privy Councill that ther was Just now put into his hands a Challenge at Sharps, which was sent by one fenceing Master by another to be performed in face of the Schooll, and severalls of the Councellors informing that it was bot a bussines of Sport, and that ther was no hazard in it, The saids Lords doe hereby Recommend to the said Lord advocat to enquyre farder in the matter, and to report to the Councill, or do therin as his Lordship shall think fitt.

1. NRS, PC2/27, 154v-155r.

1. NRS, PC2/27, 154v-155r.