D1692/9/13
D1692/9/132
Sederunt
Lord Chanclor; Earl of Melvill P seall; Earl of Drumlanrig; Earl of Linlithgow; Earl of Lothian; Earl of Forfar; Earl of Brodalbaine; Viscount Tarbat; Lord Beilhaven; Lord Polwarth; Lord Fountonhall; Lord Enstruther; Mr Fran: Montgomrie; Laird of Stivenson; Sir William Lockhart; Sir Patrick Murray
1. NRS, PC2/24, 123v.
2. NRS, PC2/24, 123v.
1. NRS, PC2/24, 123v.
2. NRS, PC2/24, 123v.
D1692/9/12
D1692/9/121
Act
Anent a Petition given in to the Lords of their majesties Privy Councill be James Hamilton writter to the signet generall Collector of the revenewes formerly belonging to the Archbishops and Bishops within this kingdome Shewing That quher by the Commission granted to the petitioner he was Impowred and authorized to uplift the haill revenewes profitts teinds and Casuallities belonging formerly to the Archbishops bishops and Deans within this kingdome, And their being about five hundred aikers of land Lying about the toune of St Androwes called the Pryor Aikers the teinds quherof being in use to be drawen yearly be the Archbishops of St Androwes and their factors and led by the severall respective heritors and possessors of the saids aikers and ther tenants to the Bishops teynd yeard, notwithstanding quherof And that the Bishops ware in Continuall possession for near thretie years by past to cause the saide heritors possessors and tennants respective lead their oun teinds, yet it was pretended by them, That before the restoration of Episcopacie in the year Jaj vjc Sixtie two They ware not in use to lead ther teinds, Bot these who hade right to the revenewes of that Bishoprick were in use to lead them one their oun charges, And therfore they refuse to lead their teynds Intending aither to force the petitioner the kings Chamberland to lead the same upon the kings charges or else to lead away the stock and leave the teynd upon the ground as to which it is Represented Primo That the saids heritors possessors and tennants forsaids being in use to lead ther teynds to the Bishop as they acknowledge for near threttie years by past And the king haveing succeided in their place has right to all Casualities and Immunities belonging to the Bishop and haveing near threttie years possession he can not be sumarly removed therfrom via fait sed via juris a seven years possession being suficient to constitute a possessory Judgment and if the heritors have any right of Immunitie from the leading their teinds They must declair the same before the Judge ordinar And not Sumarly invert the kings possessione at their oun hands Secundo it is the Constant Custome through all Scotland that heritors of lands doe lead the titulars teynds with their oun Corts So what exemption the burgh of St Androwes Ought to pretend from other heritors of the kingdome most be made appear before the Judge ordinar And seing that the saids teynds are now ready to be drawen And that this being a matter of possessione falls properly under the saids Lords Cogniscance and the determinatione therof admitting no delay And Therfore Humbly Craveing the saids Lords would grant warrand to the petitioner as their Majesties Collector to Continue in the possession which they Bishops hade near Threttie years by past, And to Ordaine the heritors possessors and tennants of the saids Pryar Aikers and particullarly the persones afternamed viz Androw Clerk present Dean of gild of St Androwes, Thomas Findlay late baillie ther James Nicolsone present thesaurer ther, Thomas Carstairs maltman their, John Honyman maltman their, Thomas Ramsay Laberour ther, John Fairfoull maltman ther George Rymer maltman ther, Alexander Johnston brewer ther, Alexander Weymes brewer ther, David Carstairs maltman ther, William Watsone maltman on their John Baird meall maker James Fairnie meall maker ther, John Fairnie mynle master ther James Brown maltman ther, Androw Gullen of Cocbeckie, William Carstairs maltman ther and James Fogie late baillie, Androw Carstairs late thesaurer ther Robert Martine maltman ther present heritors and possessors tennants and laberours of the saids aikers respective to lead their teynds growing upon the severall aikers possest be them from the ground of the saids lands to the odinar teynd years upon their oun proper charges for this present year Jaj vjc nyntie two Conforme to use and wont, And to grant warrand for Directing letters of horning against the persones abovenamed for that effect Reserving to them any action of Imunity from leading the same to be discust before the Judge Ordinar as accords as the petitione bears, The Lords of their majesties privy Councill Haveing Considered this petitione given in to them be the above Collector to Continue in the possession which the Bishops hade, And ordaines the heritors possessors tennants and laberours of the above Pryer Aikers possessed be them from the ground of the saids charges for this present year Jaj vjc nyntie two Conforme to use and wont And ordaines letters of horning upon fiftein days against the above persones for that effect Reserveing allwayes to them any citation of Immunity from leading the same to be discussed before the Judge Ordinar as accords.
1. NRS, PC2/24, 122r-123v.
1. NRS, PC2/24, 122r-123v.
D1692/9/11
D1692/9/111
Act
Anent a Petition given in to the Lords of their majesties privy Councill be John Sinclar of Dumbaith William James and David Sinclares his brothers for themselves and in name and behalf of the heritors within the shyre of Caithness Shewing That John Earle of Brodalbine haveing upon the fiftie day of Jully last given in a petitione to the saids Lords Representing that the books of the valuatione and Collectors books of the excuse and supplie within the shyre of Caithnes being in the Custody and possession of William Sinclair of Dumbaith, The saids books might now after his decease happen to be miscaried And Therfore Craveing that the saids books might be Delivered to William Dumbar of Hemprig shirref Depute of Caithnes, or to William Campbell shireff Clerk therof, And upon the said petitione did obtaine a Sumar deliverance Ordaineing Dumbaith and his brothers to exhibit and deliver the saids books upon oath to them, And to depone anent the haveing therof In presence of Mr Androw Monro minister at Thurso And ordaineing them to be sumarly charged with horning for that effect on six dayes, And accordingly William Sinclar on of the petitioners being heir at Edinburgh Is Charged with horning for that effect It was humbly Represented to the Saids Lords That it is very extraordinarie, That a Decreet of exhibition should be summarly pronunced against any persone, or that he should be so sumarly charged therupon without hearing Or So much as a previous citation given in to them for that effect upon the assertion of any persone without any Document or Instruction quhatsomever for instructing and verifieing the contents of that petition, And it cannot be pretended that ther was so much as any instructione produced for instructing the contents of the petitione given in be the Earle of Brodalbine Secundo Dumbeath and his bretheren against whom the saids letters of horning are sumarly directed in caice they war legally cited (as they ought to have been) They or most part of them would deny the haveing of any such books Tertio These books being the publict Securitie and concernment of all the heritors within the Shyre, The said heritors in all tyme by past Did meet and unanimously elect one of their oun number to have the trust and keeping of these books; And accordingly these books have been keeped by such as the heritors did appoint only past all memorie, Neither would ever the heritors consent that the shireff depute and his Clerk should have the trust of keeping these books Quarto albeit the forsaid petitione was presented by Broadalbine in name of the heritors of the shyre, yet ther was nothing produced to instruct that any of the heritors did concurr to the said petition or consent therto Bot on the contrair the most part of the heritors Doe reclame their against And Therfore humbly Craveing the saids Lords to Consider the premisses and to Recomend to the heritors of the said shyre to meet and Choise one of their oun number, To have the trust and Custody of these books with power to them to take the oathes and depositiones of the petitioners Dumbeath and his bretheren anent their haveing of the saids books, or any relateing therto in their possessione And in the mean tyme to recall the former Deliverance on the Earle of Brodalbanes petitione at least to stopt and Discharge any farder executione to be used therupon As the said petition bears The Lords of their majesties privy Councill given in to them be John Sinclair of Dumbeath and his brethren They heirby Ordaine William Dumbar of Hemprigs shireff depute of Caithnes, To Conveen the Comissioners of excyss and supplie of the said shyre wherof the shireff depute is one, And to call before them the petitioners and take their oathes anent the haveing of the above books of valuatione and supplie, And ordaines the petitioners to exhibit and deliver in to the saids Commissioners such of these books as they shall acknowledge the haveing off And Remitts to the saids Commisioners to dispose of the saids books as they shall acknowledge the haveing off And Remitts to the saids Commissioners to dispose of the saids books and put them in the hands of any persone whom they of comon consent shall think fitt To be keeped by the said person and made furthcomeing for the publict use, And in the mean tyme Discharges all farder execution against the petitioners upon the act of Councill and letters of horning abovementioned, The Commissioners of Supplie allwayes qualifieing themselves according to law, before they act in this matter, And Declares the pluralitie of the Commissioners that shall meet to be a suficient quorum for this affair.
1. NRS, PC2/24, 121r-122r.
2. The words ‘and sisters’ scored out here.
1. NRS, PC2/24, 121r-122r.
2. The words ‘and sisters’ scored out here.
D1692/9/10
D1692/9/101
Procedure: remission
Anent our soveraigne Lord and Ladies letters raised and pursued before the Lords of their Majesties privy Councill At the instance of Robert Colquhoun apprentice to and haveing Commission from Robert Govan wright burges of Linlithgow and Sir William Lockhart their majesties solicitor for ther intrest in the matter underwritten, Mentioning That albeit be the lawes and constitutiones of all weell governed nationes and by the lawes Statutes and acts of Parliament of this kingdome the Impeding and interupting and Impeding of any person in the peacable possessione and exercising of their proper trades and Imployment wher the same is done by violence and open force in breaking and Carieing away of the instruments Toolles and workbloomes of their Said trade, Are Crymes of ane high nature and severly punishable tending to the ruin and outter destruction of the persones traders their wyfes Cheldrein and wholl familly Yet true It is that the said Robert Govan the pursuars master being necessarly called out of this kingdome about his urgent affairs abroad, He let ane ample factorie and Commissione to the pursuar his apprentise not only to call for and uplift his debts Bot likewayes to cary on his trade and Imployment of wright work and perfect and furnish such work as the pursuar in his masters name should be Imployed in dureing his absence, And to brook and enjoy the haill freedome granted to him within the said burgh As he or any other freeman within the said burgh might doe and particularly to buy timber and to make such wright work therof for Sale as he Should think fitt and to Imploy other persones with himself for working, as the said factorie or Commissione at more leanth bears, Yet True It is that the pursuar haveing Continued to work Conforme to his Commissione, (Which was knowen to the Deacon and others Members of the incorporatione of the wrights in Linlithgow for the space of two moneths after his masters departur uninterrupted untill upon the […] day of Jully or August Last or one or other of the dayes of one or other of the saids moneths, Alexander Sibbald officer to the wrights in Linlithgow by order from Thomas Archibald younger Deacon of the trade did upon one or other o the dayes of one or other forsaids take upon him Contrare to all law or Right to Discharge the pursuar to work any wright work within the said toune Either as a Prentise of factor to his master at quhich the pursuar being surprized did make his applicatione to the magistrates of Linlithgow who being Sinsible of the InJustice and oppression done to his master and him as his apprentise and factor did authorize and appoint him to goe one in working as he hade done formerly And Declaired they should secure him against the unjustice and oppressione of the wrights And he haveing entred to work did continue therat for the space of thrie dayes, Till that the said Alexander Sibbald Did returne by warrand from the said Deacon and with him John Paisley and Alexander Livingstoune wrights in Linlithgow and by force and violence in a most barbarous maner Did Hew down and Break in peices the work board wherat the pursuar was working and Caried away all his Tooles or workloomes and has ever since detained them to the great prejudice of his Master and himself and have so farr prevailled with the magistrats of Linlithgow that albeit they ware sensible of the Injurie done by the wrights yet they will not medle therin, Fearing as they pretend to offend the incorporatione, Wherby it would evidently appear what injury and Oppression the pursuar hade mett with, And that he was necessitate to make his address unto the saids Lords of Privy Councill who will Impartially give redress of his wrongs albeit the Magistrates of Linlithgow seem to be affraid to doe the same And that the said Thomas Archibald younger Alexander Sibald John Paisley and Alexander Liveingston are guilty of ane high and manifast Ryot Injury and oppression And Therfore Ought and should not only be Decerned to make payment to the pursuar of the Soume of […] for the damnadge sustained by him and his master through the breaking of the said work table and Carieing away the toolles and work Loomes and loss of their trade and Imployment, Bot Lykewayes ought and should be Decerned to restore repone and reenter the pursuar to the exercise of the said trade and Imployment of wright work Conforme to his Commissione and factory forsaid, And Discharged to trouble him in the exercise therof in tyme comeing dureing the said Commission and to restore to him the saids Toolles and workloomes so wrongeously caried away from him and farder punished in their person and goods To the terror of others to comitt and doe the Like in tyme comeing And Anent the charge given to the saids defenders To have Compeired personally before the saids Lords this day to answer to the points of the abovewritten Complaint, And to have heard and seen such order and Course taken theranent as the saids Lords should think fitt with Certificatione to them if they faillied The saids Lords would proceid and doe in the said matter, as they should find cause as the saids letters and executiones therof at more leanth bears, Which being Called in principall of the saids Lords this day And the said Robert Colquhoun pursuar Compeiring personally with Mr John Mainzies his advocat, And Thomas Archibald Deacon of the wrights one of the defenders Compeiring also personally, And the rest of the defenders being all called, And non of them Compeiring, The saids Lords haveing Considered the Lybell and answers therto, They Remitt the subject matter therof to be Discussed and Determined be the magistrates of Linlithgow as Competent Judges therto, And Appoints the pursuar to make payment of the witnesses expences if ther be any cited and Compeiring in this proces And Ordaines the saids magistrates to decyde and doe Justice in the said matter according to law with all expedition.
1. NRS, PC2/24, 119v-121r.
1. NRS, PC2/24, 119v-121r.
D1692/9/9
D1692/9/91
Decreet
The Lords of their majesties Privy Councill Haveing this day Considered Mr James Kirkwoods accompts of Damnadge and expences with his oath in litem taken therupon in the proces at his instance before the Councill against the magistrats of Linlithgow They heirby modifie the soume of Four Thousand merks to be payed to the petitioner in satisfactione of the haill damnadge and expences sustained be him in the matter Lybelled and before they determine by which of the defenders the said soume is to be payed They Recommend to the Earle of Linlithgow to call for and take inspectione of the Court books and registers of the toune Councill of Linlithgow in the year Jaj vjc Eightie nyne when the said Mr James Kirkwood was ejected, And Ordaines the toune Clerk of Linlithgow to deliver to the said Earle authentick extracts of such acts and orders as are emitted by the magistrates or toune Councill anent the ejecting of the said Mr James Kirkwood and of the sederunt of the Magistrates and such of the toune Councill As war principall at the makeing of the saids acts, And Recomends to the Earle to make report heirof to the Councill at their first meetting in november nixt
1. NRS, PC2/24, 119r-119v.
1. NRS, PC2/24, 119r-119v.
D1692/9/8
D1692/9/82
Sederunt
Lord Chancelor; Earl of Drumlanrig; Earl of Linlithgow; Earl of Lothian; Earl of Forfar; Earl of Kintoir; Earl of Broadalbine; Lord Balhaven; Lord Carmicheall; Lord Polwarth; Lord Fountonhall; Lord Enstruther; Mr Francis Montgomrie; Laird of Stivenson; Sir Thomas Livingston; Sir William Lockhart
1. NRS, PC2/24, 119r.
2. NRS, PC2/24, 119r.
1. NRS, PC2/24, 119r.
2. NRS, PC2/24, 119r.
D1692/9/7
D1692/9/71
Judicial Proceeding
Anent the Lybell raised and pursued before the Lords of their Majesties privy Councill be David Dalrymple in Kirkintulloch with Concourse of Sir William Lockhart their majesties Solicitor for their majesties intrest in the matter underwritten Makeand mention That quher by the Lawes of god and all weell governed nationes and by the particullar Lawes acts of Parliament and practique of this kingdome the contempt of the ordinances of the soveraign Courts of Justice and Especiallie of the Lords of session quher the Samen are duely and lawfully intimat and marked by the Clerk of Court quher they are produced and Especially by the […] act […] are actiones of manifast contempt to their majesties lawes and authoritie and crymes of a high nature and very severly punishable, Nevertheless It is of veritie that the said David Dalrymple pursuar haveing a right to a certaine tenement in Kirkintilloch bounded in maner mentioned in the Dispositione with twentie four foot Southward from the back of the house, The said pursuar did begine to build about two or thrie moneths agoe Southward from the back of the house, And albeit the foundationes did not extend to twentie four foot, The said pursuar was interupted nunciatione novi operis being pursued by the baillies and Comunitie of Kirkintilloch before the baillie of Cummernauld to detest and destroy what was allready Built The said pursuar raised ane advocation before the Lords of session which is signet the twentie sixth day of Jully Notwithstanding of which and in manifast Contempt of the saids Lords their ordinance James Findlay and John Goding present bailles in Kirkintilloch John Smith Couper ther And Marion Stirling his Spouse John Kinniburgh younger 2 John Paull William Henry of Barrastoune, Marion Henry his Spouse Androw Galloway wright John Stiven wright John Miller portioner in Kirkintilloch William Scot younger ther James Henry portioner ther John Kinniburgh elder and Jean Brown his Spouse James 3 Morisone present bankeir Malcolme Fleeyming of Boghead Malcome Adam, James Bisset toune officer, John Young officer to the barronie baillie Robert Dollar4 Elder, George Stirling, William Scot elder John Goding younger and James Smith younger all inhabitants in Kirkintilloch, or one or other of them by themselves or by order of the saids baillies Did upon the second day of August instant or one or other of the dayes of the said moneth destroy Pull doune and Carie away the matterialls of the forsaid house belonging to the said pursuar which was allready built to a Considerable hight And that notwithstanding that upon the twentie Eight day of Jully last by past ther was a formall due intimation of ane advocation of the said matter by the Lords of Sessione By produceing the Same in the Court of Cumernauld and marked with the Clerks hand produced and sustained as the principall advocatione and intimatione therof produced to the saids Lords of privy Councill has testified Wherby the said pursuar Is greatly Lessed to the value at least of Fiftie punds Sterling, And Therfore the haill fornamed persones are guilty of ane high and manifest ryet and ought and Should be Decerned not only to make payment 5 to6 the said pursuar of the Soume quherin he is damnified Bot Lykewayes to be Otherwayes punished in their persones and goods to the terror of others to commit the Like in tyme comeing. And Anent the charge given to the saids defenders To have Compeired before the saids Lords of our privy Councill at ane certaine day now bygone To have answered to the ground of the abovewritten Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should think fitt As the said Lybell and executiones therof more fully bears. The saids Lybell with the letters of Reconventione at the instance of the saids baillies against the said David his wyfe sone and others being both upon the thretein of September instant called in presence of the Lords of Privy Councill, And the said David Dalrymple Compeiring as pursuar of the principall Lybell and as one of the defenders in the reconventione personally And the rest of the Defenders of the said reconventione Compeiring also personally Except Elspeth Donaldson and James Henry)7 with Mr Hew Dalrymple their advocat And the said James Findlay and John Goodin pursuars of the forsaid reconventione and two of the defenders in the principall Lybell, And the haill other defenders in that Lybell, Compeiring also personally (except Marion Henry, Marion Stirling, James Bisset and John Brown) with James Stewart their advocat Both the saids Lybells with the answers made therto hinc inde being read and both parties advocats fully heard the saids Lords of privy Councill have Excussed and excusses the absence of the above women defenders in aither of the forsaids processes, And Grants Certification against the said James Bisset one of the principall Lybell and Lykwayes against James Hendry ane of the defenders of the said Reconventione And Ordaines letters of Denunciatione to be direct against them Comanding maccers of privy Councill and messengers at armes to pass to the marcat cross of […] And their in their majesties name and authoritie duely Lawfullie and orderly denunce them their Majesties rebells And putt them to their highnes horne, And ordaines all their moveable goods and geir to be escheat and inbrought to their majesties use for their contempt and disobedience And the witnesses in both processes haveing Compeired and made faith at the bar (except Androw Gray of Duntyblea and Robert Plaine in Kirkintulloch) The saids Lords allowes letters of farder dilligence by Caption to be direct at the instance of the said David Dalrymple against the said Androw Gray and Robert Plaine two of the witnesses of the said principall Lybell cited and not Compeiring, And appoints the witneses Compeiring and makeing faith upon aither to be examined and Recomends to the Lords Fountonhall Enstruther, and Mr Francis Montgomrie of Giffen to examine the saids witnesses and Declares any two of them to be a quorum and Reserves all objectiones against the witnesses to be proponed and discust before the Comittie And the saids Lords haveing this day Considered both Lybells with the answers hinc inde made therto with the depositions of the witnesses adduced be aither partie and writtes produced Togither with a petition given in be aither partie, They Find it suficiently proven that the said David Dalrymple pursuar in the principall Lybell did Continue to build after the advocatione was obtained and produced, And Lykewayes Finds It suficiently proven that the building as cast doune alse weell that part therof, Which was built before the advocatione was obtained and produced; as that Which was built 8 after9 the obtaineing and produceing therof, And the saids Lords superceids to give sentance against aither of the parties as to the point of Ryot Lybelled hinc inde Untill the point of right be first Discussed and determined be the Judge ordinary And in the mean tyme Decernes and Ordaines Androw Galloway wright John Stiven wright and William Scot Younger all indwallers in Kirkintulloch defenders whom the saids Lords Finds to have guiltie of Casting doune the said building building To make payment of the expences of the witneses cited and Compeiring in aither of the saids Lybells at the rate of sixtein shilling scots per diem or each horssman And Eight Shilling Scots per diem for each foottman And that for the space of five dayes.
1. NRS, PC2/24, 117r-119r.
2. The words ‘**present baillies of Kirkintulloch John Smith Coupar’ scored out here.**
3. The words ‘Smith younger’ scored out here.
4. Insertion.
5. The word ‘of’ scored out here.
6. Insertion.
7. Opening bracket missing.
8. The word ‘before’ scored out here.
9. Insertion.
1. NRS, PC2/24, 117r-119r.
2. The words ‘**present baillies of Kirkintulloch John Smith Coupar’ scored out here.**
3. The words ‘Smith younger’ scored out here.
4. Insertion.
5. The word ‘of’ scored out here.
6. Insertion.
7. Opening bracket missing.
8. The word ‘before’ scored out here.
9. Insertion.
D1692/9/6
D1692/9/61
Order
The Lord high Chancelor haveing accquainted the Councills That the magistrats of St Androwes ware in use dureing episcopacie to be nominat by the Archbishop of St Androwes and the tyme of electione for this year now drawing nigh His Lordship offered the Councills Consideratione how the magistrats of St Androwes shall be elected The Councill Recomends to the Solicitor to informe himself how the Magistrats of St Androwes have been chosen since the revolution and to acquaint the Councill the morrow.
1. NRS, PC2/24, 117r.
1. NRS, PC2/24, 117r.
D1692/9/5
D1692/9/51
Letter: royal
William and Mary be the grace of god King and Queen of Great brittane France and Ireland defenders of the faith to our Lovits […] maccers of our privy Councill messengers at armes our Shirreffs in that part Conjunctllie and severally speciallie Constitute Greetting Forasmuchas Anent our other letters raised at the instance of our Lovits Jannet Gillchrist Spouse to William Gillchrist writter in Edinburgh for her self and in name and behalf of James Margrat and Mary Gilchrists Childrein Lawfullie procreat betwixt them Makand Mention That quher albeit be the law of god and nature, By the law and constitude of this realme and of all other weell governed nationes and societies whatsomever as mariadge was appointed for the muttuall Comfort of man and wife, And that as the wife is oblidged to obey her husband In things lawfull So the husband Is oblidged not only to reseid and Co-habit with his wife, Bot Lykewayes to provyde and intertaine her, their Children and familly to his qualitie and means They being Declared by the Scriptur worse then ane infidele who provydeth not for their wyfe and familly, Yet True It is that the said William Gilchrist her husband to whom she hade been lawfullie married now these nyne years and to whom she hade borne six Childrein thrie of which are yet allyve, Has so farr contemned the divine Institution of marriadge and the duties that Lyes upon him as ane husband by his sacred matramoniall oath and by the law of god nature and this realme That without any Just reasone of offence or provocatione he hath withdrawen himself from his said lawfull wyfe and from his oun familly and Childreen this long tyme bypast, And albeit James Gilchrist her father Did heritably dispone to him his airs and successors houses and lands within the toune of Edinburgh to the value of Eight Thousand merks and upwards of property in name of Tocher good, So that the said Tocher with his oun fortune within the said burgh and suburbs therof Is worth ane Thousand two hundreth Twentie six punds six shilling Eight penies scots money of yearly payable rent, As would appear by ane true rentall therwith produced, And since the tyme of his withdrawing of himself from his said wyfe and familly he has bestowed litle or nothing Upon her or them for their mantinance And now he haveing become of late So obstinat that he allowes his said lawfull wyfe and the said thrie orphants the eldest of which being but about four years of age nothing at all to live upon, And unles they hade been Supplied by the Charity of her freinds they hade undoubtedly aither sterved or begged before this tyme, And being redacted to the highest of misery and point of Starving getting notice quher her husband was She went to him in a peacable and Calme maner and represented to him the sadd conditione they ware in Thinking to perswade him to returne to his oun familly And to provyde for them Conforme to his bound dutie at which he raise up in ane passione and run away as will appear by ane instrument under the hand of Mr Robert Swintoune nottar publict dated the fiftein day of Jully last Since which tyme the said Jannet Gilchrist never Saw him, Save one evening that he came runing into the house wher she did reseid and did most Cruelly barbarously and unhumanly beatt her with ane staff The blew Marks of which is evident upon severall places of her bodie, and protested and vowed he would be her death, Swae that now all hope of reclameing him by law and kyndnes being past, The said Jannet Gilchrist and their thrie poor Orphants in human probabillity can expect nothing but the highest of Misserie penurie and want Unles the Lords of our Privy Councill take their Deplorable conditione to their Consideratione and after tryall taken up the value of his yearly rent Which he has these Severall years bygone mispended with the basest of Company allow them such ane proportion quherof as the saids Lords shall think fitt to Imployed for their maintinance And Anent the charg given to the said defender to have Compeired this day before the Lords of our privy Councill To have answered to the ground of the above Complaint And to have heard and seen such ane proportional part of his rent modified for the intertainement of the saids pursuars and Nurse and servants as our saids Lords should think fitt Under the paine of rebellion and puting of him to our horne with Certificatione to him if he faillied to Compeir this day thir our letters should have been direct to put him our horne As the saids letters executiones and indorsationes therof at leanth proports Whilk being Called and the said pursuar Compeirand personally with Sir David Thores her advocat And the said William Gilchrist defender being oft tymes called and not Compeiring. The Lords of our privy Councill have Ordained thir our letters to be direct in maner underwritten Our Will is Heirfore, and wee charge yow Strictly and Command That incontinent thir our letters seen yee pass to the marcat Crosses of etc and other places needfull and therat in our name and authoritie Duely Lawfullie and orderly Denunce the said William Gilchrist our rebell and put him to our horne and Escheat and inbring all his moveable goods and geir to our use for this Contemptione According to Justice as yee will answer to us therupon, The quhilk to doe Wee Committ to yow Conjunctllie and severallie etc Given under our Signet etc. per actum Dorij secret: Consillij
1. NRS, PC2/24, 115v-116v.
1. NRS, PC2/24, 115v-116v.
D1692/9/4
D1692/9/41
Order
Anent a Petition given in to the Lords of their majesties privy Councill be Margrat Rasper relict of John Chalmers of Knockman Shewing That quher the petitioner being a poor widow was ejected most violently out of the petitioners possession by the Viscount of Kenmuir werof the petitioners husband and his predecessors hade been in possession thir sixtie years be vertue of Irredeemable infeftments of quhich the petitioner haveing Complained to the Saids Lords, Bot the Viscount Disregarding all the petitioner could doe thir two years bgyond But sufered himself to be denunced rebell and Compared not till of late and then gave in a bill of Suspensione and relaxatione quherupon both parties ware heard before the saids Lords which ware Remitted to a Committie and after a full hearing befor them and a Report of the said affair being made againe to the saids Lords, The petitioner was ordained to be repossessed be the Viscount, But such as the Viscounts Cruellty against the petitioner that when he hade nothing else to alledge why the petitioner should not be repossessed He procured a stop to the said decreet from the saids Lords upon this, Missrepresentatione that his Lordship and the petitioner was in termes of agreement, Which is ane absolute mistake and therby hade reduced her to the greatest Misery not haveing ane house to sett her head into nor any thing live upon, The viscount having taken all her goods from her the tyme of the said Illegall ejection, And seing her said afflictione and oppression by the Viscount is knowen to the saids Lords, And now after she had waitted almost two years for the saids Lords Justice her adversary doeth openly contemne all she could doe, or that the saids Lords had done in her favors knowing that throw he inability and powerty She was not able longer to subsist much less to prosecute her Complaint against him before the saids Lords wher she meetts with such hinderances And Therfore humbly Craveing the saids Lords (for the favor of god) To Consider her deplorable and oppressed conditione haveing no wher at present to Lay her head And take of the forsaid stopt And ordaine her Sumarly to be repossessed and the viscount to redeliver back the goods unjustly taken from her belonging to Mary Corsbie Conforme to her right therto therwith produced and allow her damnage which is great by and attour his wounding and blooding of the petitioner and give warrand to the Shirreff or Justice of peace to repossess her, as the petitione bears The Lords of their Majesties Privy Councill haveing Considered the above petition given in to them be the above Margrat Rasper They Recomend to Sir William Lockhart their Majesties Solicitor in whose favors the Viscount of Kenmuires escheat is gifted To make payment to the petitioner of the Soume of Ane Hundreth merks Scots money upon the accompt of the said Viscount whose Escheat is gifted upon letters at the petitioners instance And the Saids Lords Declaires that the said Soume shall be allowed to the said Viscount out of the first end of the Soumes or rents which shall be resting be him to the said petitioner In caice at the event of the process the Viscount shall not be found debitor to the petitioner In alse much as will satisfie the said soume for the pryce or value of the saids goods alledged taken away be him from her or her daughter, And Sists all furder procedure in the process betwixt the viscount and the petitioner Untill the first Councill day of November nixt to come.
1. NRS, PC2/24, 114v-115r.
1. NRS, PC2/24, 114v-115r.