Tag Archives: September

Act, 26 September 1701, Edinburgh

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Edinburgh 26 September 1701

D1701/9/91

Act

Act for sequestrating the papers of the Estait of Greigstoune

Anent the petition given in and presented to the Lords of his majesties privie Counsell, by the Friends and Relations of the famely of Greigstoun, Showeing That the crose of the said poor famely desrves the greatest Compassion, In so farr as, ther being two sones and three daughters, the eldest sone Mr John Bonnar, under a deep melancholly, these severall years, is now not Suj Compos, or Capable of any busines and the second sone Robert, is nottourely very weak Likeas Margaret the eldest of the daughters, is become furious and Mary all least fatuus, So that Anna doeth only remain, with any measure of sense, But yet she also hath been induced, in Contemplation of a marriage, to elinate from the said Mr John her eldest brother, a disposition of off the whole Estate to herselfe and David Sinclair whom she purposes to marie, and the aires to be procreat bewixt them, which failzeing to the said David and his aire and assignies whatsomever, and that as is Informed without any reservation whereby this David is Likely to gett the whole Estate whereupon the forsaid unfortunat childeren should subsist, and also to Carie away the fie thereof, There being no probability of any airs of the mariage, all which happens throw the weaknes of the said Mr John, and seing that this Case is most extrordinary and requires some present Remedie which Can only be provyded by the saids Lords of privie Counsell, and Therefore Craveing to the effect after mentioned as the said petition bears, The Lords of his majesties privie Counsell haveing Considered this petition, given in to them, be the saids friends and relations of the family of Greigstoun, They hereby give order, and warrant to the Earle of Rothes, sheriff principall of the shyre of Fyfe within which shyre the saids lands of Gregstoun lyes or to the sheriff deput of the said shyre, to Search for and sequestrat, the papers and writes, of the within Estate of Greigstoun, that may be in the possession of the within Mr John Bonnar, And ordains the saids writes and papers, to remain Sequestrat in the hands of the said sheriff principall or his deputs untill further order and the saids Lords authorizes and requires the saids sheriff principall or his deputs as said is to Sequestrat, and Cause wplift, the rents mailes and duties of the said Estate of Greigstoun, and ordains the saids rents to remain Sequestrat in the hands of the said sheriff principall or his deputs for the behoofe of the within famely, untill the Condition of the said Mr John be tryed, by a breife of Idiotrie or ther Reduction raised on the within disposition be discusst before the Lords of Counsell and session.

Edinburgh 26 September 1701

D1701/9/91

Act

Act for sequestrating the papers of the Estait of Greigstoune

Anent the petition given in and presented to the Lords of his majesties privie Counsell, by the Friends and Relations of the famely of Greigstoun, Showeing That the crose of the said poor famely desrves the greatest Compassion, In so farr as, ther being two sones and three daughters, the eldest sone Mr John Bonnar, under a deep melancholly, these severall years, is now not Suj Compos, or Capable of any busines and the second sone Robert, is nottourely very weak Likeas Margaret the eldest of the daughters, is become furious and Mary all least fatuus, So that Anna doeth only remain, with any measure of sense, But yet she also hath been induced, in Contemplation of a marriage, to elinate from the said Mr John her eldest brother, a disposition of off the whole Estate to herselfe and David Sinclair whom she purposes to marie, and the aires to be procreat bewixt them, which failzeing to the said David and his aire and assignies whatsomever, and that as is Informed without any reservation whereby this David is Likely to gett the whole Estate whereupon the forsaid unfortunat childeren should subsist, and also to Carie away the fie thereof, There being no probability of any airs of the mariage, all which happens throw the weaknes of the said Mr John, and seing that this Case is most extrordinary and requires some present Remedie which Can only be provyded by the saids Lords of privie Counsell, and Therefore Craveing to the effect after mentioned as the said petition bears, The Lords of his majesties privie Counsell haveing Considered this petition, given in to them, be the saids friends and relations of the family of Greigstoun, They hereby give order, and warrant to the Earle of Rothes, sheriff principall of the shyre of Fyfe within which shyre the saids lands of Gregstoun lyes or to the sheriff deput of the said shyre, to Search for and sequestrat, the papers and writes, of the within Estate of Greigstoun, that may be in the possession of the within Mr John Bonnar, And ordains the saids writes and papers, to remain Sequestrat in the hands of the said sheriff principall or his deputs untill further order and the saids Lords authorizes and requires the saids sheriff principall or his deputs as said is to Sequestrat, and Cause wplift, the rents mailes and duties of the said Estate of Greigstoun, and ordains the saids rents to remain Sequestrat in the hands of the said sheriff principall or his deputs for the behoofe of the within famely, untill the Condition of the said Mr John be tryed, by a breife of Idiotrie or ther Reduction raised on the within disposition be discusst before the Lords of Counsell and session.

1. NRS, PC2/28, 148v-149v.

1. NRS, PC2/28, 148v-149v.

Sederunt, 26 September 1701, Edinburgh

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Edinburgh 26 September 17011

D1701/9/82

Sederunt

Lord Chancellor; Earl of Melvill p C; Marquis of Anandale; Earl of Seafield; Earl of Crawford; Earl of Mar; Earl of Buchan; Earl of Lauderdale; Earl of Leivan; Earl of Forfar; Viscount Tarbat; Viscount Teviot; Viscount Roseberie; Lord Montgomery; Lord president of session; Lord advocat; Lord Justice Clerk; Lord Philiphaugh; Lord Halcraig; Lord Crosereig; Mr Frances Montgomery; Lord provost of Edinburgh; Laird of Meggins

Edinburgh 26 September 17011

D1701/9/82

Sederunt

Lord Chancellor; Earl of Melvill p C; Marquis of Anandale; Earl of Seafield; Earl of Crawford; Earl of Mar; Earl of Buchan; Earl of Lauderdale; Earl of Leivan; Earl of Forfar; Viscount Tarbat; Viscount Teviot; Viscount Roseberie; Lord Montgomery; Lord president of session; Lord advocat; Lord Justice Clerk; Lord Philiphaugh; Lord Halcraig; Lord Crosereig; Mr Frances Montgomery; Lord provost of Edinburgh; Laird of Meggins

1. NRS, PC2/28, 148v.

2. NRS, PC2/28, 148v.

1. NRS, PC2/28, 148v.

2. NRS, PC2/28, 148v.

Warrant, 25 September 1701, Edinburgh

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Att Edinburgh 25 September 1701

D1701/9/71

Warrant

Warrand to the sheriff of Aberdeen for sequestration of Sir Alexander and Mr Thomas Forbes papers

Anent the petition given in and presented to the Lords of his majesties privie Counsell by Wiliam Ferbes of Tolquhon Showeing that where wpon the decease first of Alexander Torbes of Tolquhon, the petitioners uncle, and then of Mr Thomas Forbes his Father Brother to the said Sir Alexander, the succession of the lands Barroues and Estate belonging to them or either of them, is devolved wpon the petitioner as ther appearand air, Likeas by reason, of thercomeing to decase so soon the one after the other in the moneths of July and agust last, the writs and evidents of the said Estate, fell partly in the hands of one Elspeth Forbes, who was keeped by the said Sir Alexander as his house keeper, and are now in hazard to be miscaried before that the petitioner Can prosecute his right to the said succession in the due and ordinary Course of law and seing that it is the said Lords of his majesties privie Counsell ther usewall practice to Interpose extraordinarly in such Cases for preserveing for preserveing the interest of appearand and others that may be Concerned, and to prevent Imbazlings and withdraweing and surpresing that are so ordinary in such Cases it was Therefore Craved it might please the saids Lords of his majesties privie Counsell to Grant warrand to the sheriff of Aberdeen or to any other Judge ordinar in the bounds, to Sequestrat and secure such Trunks Cabinets and boxes of writes pertaineing pertaineing2 either to the said Sir Alexander, or Mr Thomas with other bundles of that kynd, that may be found in the Custody and hands of the said Elspeth Forbes, and her accomplices and Trusties which are evidently in hazard to parish and misary if the saids Lords of his majesties privie Counsell haveing Considered this petition given in to them, be Wiliam, Forbes of Tolquhon, they hereby give full power, and Commission to the Earle of Erroll principall sheriff of the shyre of Aberdeen, or his deputs to search for and source the papers Trunks Cabinets and boxes, wherein any papers or writes pertaineing to the within umquhill Sir Alexander and Mr Thomas Forbeses are and which were in ther Custody about the tyme of ther decease, and all other bundles of that kind that may be found in the hands of the said sheriff of Aberdeen or his deputs therein to remain till further order of Counsell

Att Edinburgh 25 September 1701

D1701/9/71

Warrant

Warrand to the sheriff of Aberdeen for sequestration of Sir Alexander and Mr Thomas Forbes papers

Anent the petition given in and presented to the Lords of his majesties privie Counsell by Wiliam Ferbes of Tolquhon Showeing that where wpon the decease first of Alexander Torbes of Tolquhon, the petitioners uncle, and then of Mr Thomas Forbes his Father Brother to the said Sir Alexander, the succession of the lands Barroues and Estate belonging to them or either of them, is devolved wpon the petitioner as ther appearand air, Likeas by reason, of thercomeing to decase so soon the one after the other in the moneths of July and agust last, the writs and evidents of the said Estate, fell partly in the hands of one Elspeth Forbes, who was keeped by the said Sir Alexander as his house keeper, and are now in hazard to be miscaried before that the petitioner Can prosecute his right to the said succession in the due and ordinary Course of law and seing that it is the said Lords of his majesties privie Counsell ther usewall practice to Interpose extraordinarly in such Cases for preserveing for preserveing the interest of appearand and others that may be Concerned, and to prevent Imbazlings and withdraweing and surpresing that are so ordinary in such Cases it was Therefore Craved it might please the saids Lords of his majesties privie Counsell to Grant warrand to the sheriff of Aberdeen or to any other Judge ordinar in the bounds, to Sequestrat and secure such Trunks Cabinets and boxes of writes pertaineing pertaineing2 either to the said Sir Alexander, or Mr Thomas with other bundles of that kynd, that may be found in the Custody and hands of the said Elspeth Forbes, and her accomplices and Trusties which are evidently in hazard to parish and misary if the saids Lords of his majesties privie Counsell haveing Considered this petition given in to them, be Wiliam, Forbes of Tolquhon, they hereby give full power, and Commission to the Earle of Erroll principall sheriff of the shyre of Aberdeen, or his deputs to search for and source the papers Trunks Cabinets and boxes, wherein any papers or writes pertaineing to the within umquhill Sir Alexander and Mr Thomas Forbeses are and which were in ther Custody about the tyme of ther decease, and all other bundles of that kind that may be found in the hands of the said sheriff of Aberdeen or his deputs therein to remain till further order of Counsell

1. NRS, PC2/28, 148r-148v.

2. Sic.

1. NRS, PC2/28, 148r-148v.

2. Sic.

Act, 25 September 1701, Edinburgh

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Att Edinburgh 25 September 1701

D1701/9/61

Act

Act for half ane years stipend to Mr James Crocket

Anent the petition given in and presented to the Lords of his majesties privie Counsell by Mr James Crocket Minister att Cappet Showeing that the petitioner being Cited to Compeir before ther Lordships, wpon the twenty thrid instant he did accordingly Compear, and ther Lordships did then ordain him, to desist from preaching, any Longer, in the said Kirk of Capet and to remove him from his manse and Gleib att martimes nixt, and the petitioner haveing srved the Cure att the said Kirk, and attended and visited the sick, within the said parish, all this tyme, till it pleased ther Lordships to Silence him and Therefore Humblie Craveing ther Lordships to the effect under written, as the said petition bears, The Saids Lords haveing Considered the forsaid petition they hereby Recomend to the Lords Commissioners of his majesties Thesaurie to ordain the above halfe years stipend to be payed to the petitioner In maner mentioned in the said petition

Att Edinburgh 25 September 1701

D1701/9/61

Act

Act for half ane years stipend to Mr James Crocket

Anent the petition given in and presented to the Lords of his majesties privie Counsell by Mr James Crocket Minister att Cappet Showeing that the petitioner being Cited to Compeir before ther Lordships, wpon the twenty thrid instant he did accordingly Compear, and ther Lordships did then ordain him, to desist from preaching, any Longer, in the said Kirk of Capet and to remove him from his manse and Gleib att martimes nixt, and the petitioner haveing srved the Cure att the said Kirk, and attended and visited the sick, within the said parish, all this tyme, till it pleased ther Lordships to Silence him and Therefore Humblie Craveing ther Lordships to the effect under written, as the said petition bears, The Saids Lords haveing Considered the forsaid petition they hereby Recomend to the Lords Commissioners of his majesties Thesaurie to ordain the above halfe years stipend to be payed to the petitioner In maner mentioned in the said petition

1. NRS, PC2/28, 148r.

1. NRS, PC2/28, 148r.

Act, 25 September 1701, Edinburgh

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Att Edinburgh 25 September 1701

D1701/9/51

Act

Act for ane aliment Anna Anderson and her Children

Anent the petition given in and presented to the Lords of his majesties privie Counsell by Anna Anderson Spous to Robert Gibson of Linkwood for her selfe and in name and behalfe of her Childeren, Showeing That the petitioner with much Griefe Craves leive to represent to the saids Lords how Robert Gibson of Linkwood her Husband, haveing turned furious was Committed to the prison of Elgine, But he sett firs thereunto in the night tyme, wherewpon It was Intirely brunt doun, and he narrowly rescewed out of a window Herewpon the magistrats and toun Counsell, were Impoured by the saids Lords of his majesties privie Counsell, (on application thereanent) to keep the petitioners Husband in shakles, And it is Sadly nottour that he Continues in the same distemperall Condition to this houre, notwithstanding whereof the tenants of his interest, being frighted att his threats, and induced by some nawghty persones who make thr own advantage thereof, pay in ther rents to my Said Husband, which he throwes away in his fitts or the same is peiked from him, by some that wait the Catch, about him, while in the mean tyme, the petitioner and her Childeren are a Starveing for want, It is therefore humbly Represented, that in the mean tyme while ther is no nearest of Kinn Serveing a Breife of furiosity or Iditory for being tutor of law to my Husband the saids Lords would sequestrat his rents in the hands of the magistrats of Elgine or sheriff of Murray with power to deburse out of the first end thereof such a Competent aliment as they or either of them, (being Judges ordinary of the place) shall find neccessary for mantinance of the petitioner and her family, because otherwayes the rents will perish and be Squandred away which the saids Lords as Representing his majestie who is pater patriet Can prevent in the Intervall while the session is not sitting, and these who may have right, to serve tutor of law (2if there be any such doe not apply, and Therefore Craveing to the effect after mentioned as the said petition bears, the Lords of his majesties privie Counsell haveing Considered this petition given in to them by the within Anna Anderson and her Childeren, they hereby remitt to the sheriff principall of the shyre of Murray and his deputs in the said shyre, to take tryell what is the Condition of the within Robert Gibson his Estate, and what the samen extends to and gives power to the said sherriff or his deputs to appoynt ane aliment for the said Robert Gibson, furth of his Estate, and Likewayes Gives power to them, to appoynt ane aliment furth of the said Estate, payable to the said Anna Anderson, petitioner for maintaining her selfe and her Childeren, and to make report of ther procedure in this mater to the Counsell, betwixt and the first day of Janrij nixt to Come, and to make the rest of the said Estate furthcomeing to all parties haveing interest, and apoynts the petitioners recept to be sufficient for what shall be Given, to her, and the magistrats of Elgine ther recept for what shall be given to the said Robert Gibson

Att Edinburgh 25 September 1701

D1701/9/51

Act

Act for ane aliment Anna Anderson and her Children

Anent the petition given in and presented to the Lords of his majesties privie Counsell by Anna Anderson Spous to Robert Gibson of Linkwood for her selfe and in name and behalfe of her Childeren, Showeing That the petitioner with much Griefe Craves leive to represent to the saids Lords how Robert Gibson of Linkwood her Husband, haveing turned furious was Committed to the prison of Elgine, But he sett firs thereunto in the night tyme, wherewpon It was Intirely brunt doun, and he narrowly rescewed out of a window Herewpon the magistrats and toun Counsell, were Impoured by the saids Lords of his majesties privie Counsell, (on application thereanent) to keep the petitioners Husband in shakles, And it is Sadly nottour that he Continues in the same distemperall Condition to this houre, notwithstanding whereof the tenants of his interest, being frighted att his threats, and induced by some nawghty persones who make thr own advantage thereof, pay in ther rents to my Said Husband, which he throwes away in his fitts or the same is peiked from him, by some that wait the Catch, about him, while in the mean tyme, the petitioner and her Childeren are a Starveing for want, It is therefore humbly Represented, that in the mean tyme while ther is no nearest of Kinn Serveing a Breife of furiosity or Iditory for being tutor of law to my Husband the saids Lords would sequestrat his rents in the hands of the magistrats of Elgine or sheriff of Murray with power to deburse out of the first end thereof such a Competent aliment as they or either of them, (being Judges ordinary of the place) shall find neccessary for mantinance of the petitioner and her family, because otherwayes the rents will perish and be Squandred away which the saids Lords as Representing his majestie who is pater patriet Can prevent in the Intervall while the session is not sitting, and these who may have right, to serve tutor of law (2if there be any such doe not apply, and Therefore Craveing to the effect after mentioned as the said petition bears, the Lords of his majesties privie Counsell haveing Considered this petition given in to them by the within Anna Anderson and her Childeren, they hereby remitt to the sheriff principall of the shyre of Murray and his deputs in the said shyre, to take tryell what is the Condition of the within Robert Gibson his Estate, and what the samen extends to and gives power to the said sherriff or his deputs to appoynt ane aliment for the said Robert Gibson, furth of his Estate, and Likewayes Gives power to them, to appoynt ane aliment furth of the said Estate, payable to the said Anna Anderson, petitioner for maintaining her selfe and her Childeren, and to make report of ther procedure in this mater to the Counsell, betwixt and the first day of Janrij nixt to Come, and to make the rest of the said Estate furthcomeing to all parties haveing interest, and apoynts the petitioners recept to be sufficient for what shall be Given, to her, and the magistrats of Elgine ther recept for what shall be given to the said Robert Gibson

1. NRS, PC2/28, 147r-147v.

2. Closing bracket missing.

1. NRS, PC2/28, 147r-147v.

2. Closing bracket missing.

Act, 25 September 1701, Edinburgh

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Att Edinburgh 25 September 1701

D1701/9/41

Act

Act Lord Advocat anent printeing the abridgements as within

Anent the petition Given and presented to the Lords of his majesties privie Counsell by Sir James Steart his majesties advocat showeing That he hath Continued the former Index or abridgement made of the acts of parliament Jaj vjc and eighty one, and all preceeding to the parliaments, and acts thereof since the said year one thousand six hunder and eighty one includeing and digesting the said acts, as much as possible, under the same heads, to the effect that all acts, wpon the Same Subject may be laid to gather for the more advantage, and Therefore He humbly Craves to the effect after mentioned, The Lords of his majeties privie Counsell haveing Considered this petition, given in to them, by the above Sir James Stewart his majesties advocat, they hereby Grant Licence, to the petitioner, and his assignes for printing the within abridgement, as now Continued, that is Includeing the former, with a Continuation thereof, to the last session of parliament Current inclusive and discharges any other person to print vend or sell any other abridgement but that of the said Lord advocats dureing the space of nynteen yeras from the day and date hereof, without his Lordship or assignies ther warrand and Commission, under the pain of seasing wpon, and forefaulteing of the saids abridgements for the use of the said Lord advocat and his assigneyes, and further under the pain of the hundred merks scots, to be payed by the Contraveeners, to the said Lord advocat, or his forsaids besydes the seasure and forefaulter forsaid.

Att Edinburgh 25 September 1701

D1701/9/41

Act

Act Lord Advocat anent printeing the abridgements as within

Anent the petition Given and presented to the Lords of his majesties privie Counsell by Sir James Steart his majesties advocat showeing That he hath Continued the former Index or abridgement made of the acts of parliament Jaj vjc and eighty one, and all preceeding to the parliaments, and acts thereof since the said year one thousand six hunder and eighty one includeing and digesting the said acts, as much as possible, under the same heads, to the effect that all acts, wpon the Same Subject may be laid to gather for the more advantage, and Therefore He humbly Craves to the effect after mentioned, The Lords of his majeties privie Counsell haveing Considered this petition, given in to them, by the above Sir James Stewart his majesties advocat, they hereby Grant Licence, to the petitioner, and his assignes for printing the within abridgement, as now Continued, that is Includeing the former, with a Continuation thereof, to the last session of parliament Current inclusive and discharges any other person to print vend or sell any other abridgement but that of the said Lord advocats dureing the space of nynteen yeras from the day and date hereof, without his Lordship or assignies ther warrand and Commission, under the pain of seasing wpon, and forefaulteing of the saids abridgements for the use of the said Lord advocat and his assigneyes, and further under the pain of the hundred merks scots, to be payed by the Contraveeners, to the said Lord advocat, or his forsaids besydes the seasure and forefaulter forsaid.

1. NRS, PC2/28, 146v-147r.

1. NRS, PC2/28, 146v-147r.

Sederunt, 25 September 1701, Edinburgh

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Att Edinburgh 25 September 17011

D1701/9/32

Sederunt

Lord Chancellor; Earl of Melvill P C; Marquis Anandale; Earl of Seafeild P; Earl of Mar; Earl of Buchan; Earl of Leven; Earl of Northesque; Earl of Forfar; Viscount Tarbat; Viscount Teviot; Viscount Roseberrie; Lord Montgomerie; Lord Carmichaell S; Lord presiden session; Lord Advocat; Lord Justice Clerk; Lord Philiphaugh; Lord Halcraig; Lord Croserig; Mr Frances Montgomery; Lord provost of Edinburgh; Laird of Meggins

Att Edinburgh 25 September 17011

D1701/9/32

Sederunt

Lord Chancellor; Earl of Melvill P C; Marquis Anandale; Earl of Seafeild P; Earl of Mar; Earl of Buchan; Earl of Leven; Earl of Northesque; Earl of Forfar; Viscount Tarbat; Viscount Teviot; Viscount Roseberrie; Lord Montgomerie; Lord Carmichaell S; Lord presiden session; Lord Advocat; Lord Justice Clerk; Lord Philiphaugh; Lord Halcraig; Lord Croserig; Mr Frances Montgomery; Lord provost of Edinburgh; Laird of Meggins

1. NRS, PC2/28, 146v.

2. NRS, PC2/28, 146v.

1. NRS, PC2/28, 146v.

2. NRS, PC2/28, 146v.

Act, 23 September 1701(pm), Edinburgh

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Att Edinburgh the 23 September 1701 postmeridiem

D1701/9/21

Act

Act in favours of Mr William Thomson for puting up his bond

Anent the petition given in and presented, to the Lords of his majesties privie Councill, by mr Wiliam Thomson minister of the Gospell att Tindergarth Shoewing that where the saids Lords of his majesties privie Counsell by ther act, dated the twenty fifth of June sixteen hunder and nynty one, allowed the petitioner the stipend of the above Kirk, of Tindergairth, for the haill Cropt and year of God one thousand six hunder and nynty, and yearly thereafter, in tymecomeing dureing the petitioners Incumbencie att the said Kirk In respect he hes found Caution acted in the books of privie Councill that he should repair the above kirk and manse out of the first end of the forsaid Stipend, and which Kirk and manse was accordinly sufficiently repared as the extract of the acts of visitation of the presbetrie for the said Kirk and manse showen to the saids Lords hes testified and Therefore Craveing to the effect after mentioned, as the said petition bears, The Lords of his majesties privie Counsell, haveing heard this petition given in to them be the above Mr William Thomson, read in ther presence they have remitted and hereby remitts the said petition to the Earle of Northesque, Viscount of Roseberrie Lord Aberuchill, and the Laird of Meggins to Consider the said petition, and to see if the Samen be instructed And appoynts them to meet to morrow, in the fornoon, and declairs any two of them be a quorum, and recomends to the said Commity to make there Report to the Counsell with ther first Conveniencey, and accordingly the said Commity haveing mett they made their Report as followes viz, The Commity haveing Considered a petition from Mr William Thomson, Minister of Tunnergairth, Representing that the Lords of privie Counsell by ther act dated the twenty fifth of June Jaj vjc and nynty one allowed the petitioner the stipend of Tinnergairth for the haill Cropt nynty and yearly thereafter, in tyme comeing dureing his incumbencie att the said Kirk in respect he found Caution that he should repair, the kirk and manse out of the first end of the forsaid Stipend, and that the Kirk and manse was accordingly sufficiently repaired as appeared by the extract of the acts of visitation of the presbetrie produced and Craveing the Lords of privie Counsell, would Grant warrand to the Clerk to deliver up the petitioner, the forsaid bond of Caution to be Cancelled, with the remitt by the Lords of privie Counsell to the said Commities to Consider the said petition and to see if the same be instructed, Togather with the said act of privie Counsell, In favors of the said Mr Wiliam Thomson, of the date forsaid, alloweing him, the stipend of the said Kirk for the haill Cropt and year Jaj vjc and nynty and yearely thereafter in tyme comeing dureing his Incumencie att the said Kirk, In respect he found Caution, the he should repair the kirk and manse out of the first end of the said stipend, Item ane Extract of the verdict of James Lockhart and Wiliam Weir massons and wreights Called and and Solemnly swore, before the presbitrie of Lochinabain mett and Tinnergairth, dated the first day of may, one thousand six hunder and nynty four, Craveing that they thereby wpon oath declaire that they Judge the manse, and office houses as they then stood repaired to be worth the soume of ane thousand pounds scots Item the extract of ane act of the said presbetrie of the said date bearing the heretors of the said paroch to have been present, and to have named the said James, Lockhart and Wiliam Weir, for wisiteing the said manse, and that the said Mr William Thomson minister acquesced therein, approveing the forsaid verdict and valuation, of the said workmen, Item ane other act of the said presbetrie, dated the said first day of may Jaj vjc and nynty four, beareing the said James Lockhart and Wiliam Weir, and Adam Johnstoun Thatcher, ther oaths were taken by the said presbetry whither or not all neccessary reparations of the said Kirk were sufficiently performed, and that ther Judgement wpon oath was that the forsaid Kirk was Compleitly and sufficiently repaired, It is the opinion of the Commity That the said Mr William Thomson, hath fullfilled the forsaid bond by repaireing the said Kirk and manse in the termes thereof, and that the said bond should be delivered wp to him to be Considered, The Lords of his majesties privie Counsell by ther Interloquitor of this dayes date haveing Considered the report of the Commity aneng the petition given in by Mr Wiliam Thomson minister att Tunnergairth they have approven and hereby approves of the said Report and ordains the Clerks of Counsell, to exhibite and deliver wp, to the petitioner the within bond granted be him as principall and Alexander Ramsay former in Penstoun his Cautioner therin mentioned of the date the twenty seventh day of June, Jaj vjc and nynty one years for which this shall be to the saids Clerks and all Concerned a Sufficient warand

Att Edinburgh the 23 September 1701 postmeridiem

D1701/9/21

Act

Act in favours of Mr William Thomson for puting up his bond

Anent the petition given in and presented, to the Lords of his majesties privie Councill, by mr Wiliam Thomson minister of the Gospell att Tindergarth Shoewing that where the saids Lords of his majesties privie Counsell by ther act, dated the twenty fifth of June sixteen hunder and nynty one, allowed the petitioner the stipend of the above Kirk, of Tindergairth, for the haill Cropt and year of God one thousand six hunder and nynty, and yearly thereafter, in tymecomeing dureing the petitioners Incumbencie att the said Kirk In respect he hes found Caution acted in the books of privie Councill that he should repair the above kirk and manse out of the first end of the forsaid Stipend, and which Kirk and manse was accordinly sufficiently repared as the extract of the acts of visitation of the presbetrie for the said Kirk and manse showen to the saids Lords hes testified and Therefore Craveing to the effect after mentioned, as the said petition bears, The Lords of his majesties privie Counsell, haveing heard this petition given in to them be the above Mr William Thomson, read in ther presence they have remitted and hereby remitts the said petition to the Earle of Northesque, Viscount of Roseberrie Lord Aberuchill, and the Laird of Meggins to Consider the said petition, and to see if the Samen be instructed And appoynts them to meet to morrow, in the fornoon, and declairs any two of them be a quorum, and recomends to the said Commity to make there Report to the Counsell with ther first Conveniencey, and accordingly the said Commity haveing mett they made their Report as followes viz, The Commity haveing Considered a petition from Mr William Thomson, Minister of Tunnergairth, Representing that the Lords of privie Counsell by ther act dated the twenty fifth of June Jaj vjc and nynty one allowed the petitioner the stipend of Tinnergairth for the haill Cropt nynty and yearly thereafter, in tyme comeing dureing his incumbencie att the said Kirk in respect he found Caution that he should repair, the kirk and manse out of the first end of the forsaid Stipend, and that the Kirk and manse was accordingly sufficiently repaired as appeared by the extract of the acts of visitation of the presbetrie produced and Craveing the Lords of privie Counsell, would Grant warrand to the Clerk to deliver up the petitioner, the forsaid bond of Caution to be Cancelled, with the remitt by the Lords of privie Counsell to the said Commities to Consider the said petition and to see if the same be instructed, Togather with the said act of privie Counsell, In favors of the said Mr Wiliam Thomson, of the date forsaid, alloweing him, the stipend of the said Kirk for the haill Cropt and year Jaj vjc and nynty and yearely thereafter in tyme comeing dureing his Incumencie att the said Kirk, In respect he found Caution, the he should repair the kirk and manse out of the first end of the said stipend, Item ane Extract of the verdict of James Lockhart and Wiliam Weir massons and wreights Called and and Solemnly swore, before the presbitrie of Lochinabain mett and Tinnergairth, dated the first day of may, one thousand six hunder and nynty four, Craveing that they thereby wpon oath declaire that they Judge the manse, and office houses as they then stood repaired to be worth the soume of ane thousand pounds scots Item the extract of ane act of the said presbetrie of the said date bearing the heretors of the said paroch to have been present, and to have named the said James, Lockhart and Wiliam Weir, for wisiteing the said manse, and that the said Mr William Thomson minister acquesced therein, approveing the forsaid verdict and valuation, of the said workmen, Item ane other act of the said presbetrie, dated the said first day of may Jaj vjc and nynty four, beareing the said James Lockhart and Wiliam Weir, and Adam Johnstoun Thatcher, ther oaths were taken by the said presbetry whither or not all neccessary reparations of the said Kirk were sufficiently performed, and that ther Judgement wpon oath was that the forsaid Kirk was Compleitly and sufficiently repaired, It is the opinion of the Commity That the said Mr William Thomson, hath fullfilled the forsaid bond by repaireing the said Kirk and manse in the termes thereof, and that the said bond should be delivered wp to him to be Considered, The Lords of his majesties privie Counsell by ther Interloquitor of this dayes date haveing Considered the report of the Commity aneng the petition given in by Mr Wiliam Thomson minister att Tunnergairth they have approven and hereby approves of the said Report and ordains the Clerks of Counsell, to exhibite and deliver wp, to the petitioner the within bond granted be him as principall and Alexander Ramsay former in Penstoun his Cautioner therin mentioned of the date the twenty seventh day of June, Jaj vjc and nynty one years for which this shall be to the saids Clerks and all Concerned a Sufficient warand

1. NRS, PC2/28, 145r-146r.

1. NRS, PC2/28, 145r-146r.

Sederunt, 23 September 1701(pm), Edinburgh

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Att Edinburgh the 23 September 1701 postmeridiem1

D1701/9/12

Sederunt

Lord Chancellor; Earl of Melvill p:C; Marquis of Anandale; Earl of Seafeild S; Earl of Mar; Earl of Levan; Viscount Tarbat; Earl of Northesque; Earl of Forfar; Viscount Teviot; Viscount Roseberrie; Lord Montgomery; Lord Carmichaell S; Lord president of session; Lord advocat; Lord Philiphaugh; Lord Crosereig; Mr Frances Montgomery; Lord provost of Edinburgh; Laird of Meggens

Att Edinburgh the 23 September 1701 postmeridiem1

D1701/9/12

Sederunt

Lord Chancellor; Earl of Melvill p:C; Marquis of Anandale; Earl of Seafeild S; Earl of Mar; Earl of Levan; Viscount Tarbat; Earl of Northesque; Earl of Forfar; Viscount Teviot; Viscount Roseberrie; Lord Montgomery; Lord Carmichaell S; Lord president of session; Lord advocat; Lord Philiphaugh; Lord Crosereig; Mr Frances Montgomery; Lord provost of Edinburgh; Laird of Meggens

1. NRS, PC2/28, 145r.

2. NRS, PC2/28, 145r.

1. NRS, PC2/28, 145r.

2. NRS, PC2/28, 145r.

Order, 24 September 1700, Edinburgh

Posted on by

Att Edinburgh the Twenty fourth day of September One thousand seven hundred years

D1700/9/31

Order

Act Duncan of Strathmartine

Anent a Petition given in to his Majesties Commissioner and the Lords of his Majesties privy Councill be Alexander Duncan of Strathmartine and Jannet Buntein his mother for her intrest Shewing That the petitioner did purchase the estate of Strathmartine from Thomas Wintoune Late heritor therof and being infeft upon his disposition was in peacable possession of the samen particularly the petitioner hade their family provisiones and plenishing within the house and haveing Laboured and sowen the Mayens were reaping in their harvest therof Bot the said Thomas Wintoune with his accomplices in armes upon the Twelth day of this moneth and watching till the gate was opened in the morning thronged in upon the servant who was opening it knocket him down and wounded him with the other servants of the house thrust out the petitioner Jannet Buntein and the rest of the family seazed all the petitioners effects and bolted the gates on the petitioners, besides many other violences and indignities which two of these servants were here ready to attest, Hereupon the petitioner applyed to the shirriff of Angus wher the petitioners house Lyes with a messinger who to faciltat the bussines did come to the house with the assistance of some of the Countrey and offered to put two Captiones in execution against the said Thomas Wintoune one wherof was upon a Letter of Laborowes obtained before the saids Lords, But they were violently deforced and the said Thomas with his accomplices not only resisted the making open doors bot Likewayes threatned to fire upon them and by severall opprobrious minaces Contemned his Majesties and the saids Lords authority as ane declaration under the hand of the sherriff and ane execution of deforcement under the hand of the messenger therwith produced would testifie and as ane evidence of his contempt and designe still to withstand the executione of the Law he hade put up a reid flag up on the towr of the said house Wherupon the petitioners most humbly represent That as this is a most attrocious intrusion on the petitioners house wherin they were peacably recideing under protection of the government and a most violent rifleing of the petitioners goods therein, and a most ruptous abuse of the persones of the petitioners and their servants so it was a most audatious Contempt of his majestie and the Saids Lords authority which if it should not be recently and summarly redressed these depredators might either run away with petitioners goods, or keeping garison in the house Marr their service of the maynes and by their sorning upon the tennents round about Likwayes ruin them at this Seasone of which manadgment the said Thomas Wintoune did give a former instance the last year for remeeding wherof he being put in prison upon the saids Lords Laborrowes he escaped lately by a false key and is the Course which he now takes upon his escape And Therfore Humbly Craveing the saids Lords would be pleased to provyd such remeed as they in their wisdome and Justice should think fitt, particularly of Collonell Fergusone regiment which lyes nixt adjacent at Pearth (The petitioners house being near Dundie) to assist the Shirriff and messingers in puting the Caption on the saids Lords Laborowes to effectuall execution and repossessing the petitioners their being no other ordinar remeedie left to the petitioners as appeared by the declaration and execution of deforcement abovementioned or to provyde such other speedie remeedy as the saids Lords should find expedient as the said petition bears His Majesties high Commisioner and the Lords of his Majesties privy Councill haveing Considered the above petition given in to them by the above Alexander Duncan of Strathmartine and Jannet Buntein his mother with the declaration under the hand of the shirriff depute of Forfar and execution of deforcement under the hand of the messenger both mentioned in and produced with the said petition, They do hereby Recommend to the Earle of Strathmore shirriff principall of the Shyre of Forfarr had gives order and warrant to his depute to give his assistance to the petitioners and the messinger Imployed by them in puting to execution the above Captiones raised at the petitioners instance and in puting the petitioners in the peaceable repossession of the above house and estate of Strathmartine and appoints the said shirriff and his deputs and messenger to be Imployed to call his Majesties Leidges to2 assist and concurr with them in the premisses and appoints his majesties Leidges to answer and obey the said shirriff or his deputs and messengers when they shall be called or requyred therto as they will be answerable according to the Lawes and acts of parliament of this kingdome, and have allowed and hereby Allowes the petitioners to raise a Lybell before the Councill at their instances against the said Thomas Wintounee of Strathmartine and his accomplices upon the acts of parliament for shifting and maintaineing houses against his Majestie and the government to be cited theron by a herauld to render and give up the same to the petitioner under the pain of Treasone, and ordaines Letters of horning on fifein dayes under the signet of Councill and others needfull to be direct here on at the petitioners instance against the said shirriff and his deputs and messengers to be Imployed by the petitioners.

Att Edinburgh the Twenty fourth day of September One thousand seven hundred years

D1700/9/31

Order

Act Duncan of Strathmartine

Anent a Petition given in to his Majesties Commissioner and the Lords of his Majesties privy Councill be Alexander Duncan of Strathmartine and Jannet Buntein his mother for her intrest Shewing That the petitioner did purchase the estate of Strathmartine from Thomas Wintoune Late heritor therof and being infeft upon his disposition was in peacable possession of the samen particularly the petitioner hade their family provisiones and plenishing within the house and haveing Laboured and sowen the Mayens were reaping in their harvest therof Bot the said Thomas Wintoune with his accomplices in armes upon the Twelth day of this moneth and watching till the gate was opened in the morning thronged in upon the servant who was opening it knocket him down and wounded him with the other servants of the house thrust out the petitioner Jannet Buntein and the rest of the family seazed all the petitioners effects and bolted the gates on the petitioners, besides many other violences and indignities which two of these servants were here ready to attest, Hereupon the petitioner applyed to the shirriff of Angus wher the petitioners house Lyes with a messinger who to faciltat the bussines did come to the house with the assistance of some of the Countrey and offered to put two Captiones in execution against the said Thomas Wintoune one wherof was upon a Letter of Laborowes obtained before the saids Lords, But they were violently deforced and the said Thomas with his accomplices not only resisted the making open doors bot Likewayes threatned to fire upon them and by severall opprobrious minaces Contemned his Majesties and the saids Lords authority as ane declaration under the hand of the sherriff and ane execution of deforcement under the hand of the messenger therwith produced would testifie and as ane evidence of his contempt and designe still to withstand the executione of the Law he hade put up a reid flag up on the towr of the said house Wherupon the petitioners most humbly represent That as this is a most attrocious intrusion on the petitioners house wherin they were peacably recideing under protection of the government and a most violent rifleing of the petitioners goods therein, and a most ruptous abuse of the persones of the petitioners and their servants so it was a most audatious Contempt of his majestie and the Saids Lords authority which if it should not be recently and summarly redressed these depredators might either run away with petitioners goods, or keeping garison in the house Marr their service of the maynes and by their sorning upon the tennents round about Likwayes ruin them at this Seasone of which manadgment the said Thomas Wintoune did give a former instance the last year for remeeding wherof he being put in prison upon the saids Lords Laborrowes he escaped lately by a false key and is the Course which he now takes upon his escape And Therfore Humbly Craveing the saids Lords would be pleased to provyd such remeed as they in their wisdome and Justice should think fitt, particularly of Collonell Fergusone regiment which lyes nixt adjacent at Pearth (The petitioners house being near Dundie) to assist the Shirriff and messingers in puting the Caption on the saids Lords Laborowes to effectuall execution and repossessing the petitioners their being no other ordinar remeedie left to the petitioners as appeared by the declaration and execution of deforcement abovementioned or to provyde such other speedie remeedy as the saids Lords should find expedient as the said petition bears His Majesties high Commisioner and the Lords of his Majesties privy Councill haveing Considered the above petition given in to them by the above Alexander Duncan of Strathmartine and Jannet Buntein his mother with the declaration under the hand of the shirriff depute of Forfar and execution of deforcement under the hand of the messenger both mentioned in and produced with the said petition, They do hereby Recommend to the Earle of Strathmore shirriff principall of the Shyre of Forfarr had gives order and warrant to his depute to give his assistance to the petitioners and the messinger Imployed by them in puting to execution the above Captiones raised at the petitioners instance and in puting the petitioners in the peaceable repossession of the above house and estate of Strathmartine and appoints the said shirriff and his deputs and messenger to be Imployed to call his Majesties Leidges to2 assist and concurr with them in the premisses and appoints his majesties Leidges to answer and obey the said shirriff or his deputs and messengers when they shall be called or requyred therto as they will be answerable according to the Lawes and acts of parliament of this kingdome, and have allowed and hereby Allowes the petitioners to raise a Lybell before the Councill at their instances against the said Thomas Wintounee of Strathmartine and his accomplices upon the acts of parliament for shifting and maintaineing houses against his Majestie and the government to be cited theron by a herauld to render and give up the same to the petitioner under the pain of Treasone, and ordaines Letters of horning on fifein dayes under the signet of Councill and others needfull to be direct here on at the petitioners instance against the said shirriff and his deputs and messengers to be Imployed by the petitioners.

1. NRS, PC2/28, 9r-10v.

2. The word ‘answer’ scored out here.

1. NRS, PC2/28, 9r-10v.

2. The word ‘answer’ scored out here.