Tag Archives: September

Order, 24 September 1700, Edinburgh

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

D1700/9/21

Order

Act Rutherfoord of Fermingtoune Against Scott

Anent a Petition given in to his Majesties high Commissioner and Lords of his Majesties privy Councill be George Rutherfoord of Fermingtoune Shewing That since the petitioner was Lately named a Commissioner of Supply for the Shyre of Roxburgh he hath readily endeavoured to discharge the duty of that trust, Bot did nowayes Judge himself by accepting to be a Commissioner subject and Lyable for the Ommissiones or duties of any other who hade served the Shyre Commissioners of Suply eightein or Tuenty dayes agoe, yet nevertheless Sir James Oswald of Fingletoune Generall receiver of the Cess and excyse for the years Jaj vjc Eightie one and Jaj vjc eightie thrie haveing ordered a partie to quarter upon the Shyre of Roxburgh for some pretended deficiencies of these years under the Command of Francis Scot a Gentlman of the guards, who haveing intimat his order of quartering to the present Commissioners did within a few dayes therafter accompanied with his party come to the petitioners house and ther violently and masterfully seazed and caried away one of the petitioners best sade horses above Ten pounds sterling value upon pretence of ryding money without any order or warrand from the present Commissioners of authority and sentance of any Judge whatsomever, and which horse was not only detained from the petitioner to this day and made a Comon posture up and down the Countrey Bot the petitioner getting information, that his horse was at Jedburgh did not only cause areist him by order and warrand from the shirriff, Bot also the said Francis Scot being called before the said Commissioners of Supply and ordered to delyver back the horse conforme to their act and Ordinance therwith produced not only refused the same Bot openly declared that so long as his orders stood unrecalled he would doe the Like to others of the Commissioners from time to time wherby the petitioner was not only manifastly absued; Bot this maner of proceeding might discourage the most affectionat of his Majesties subjects in serving their king their king2 and Countrey If the saids Lords should not timeously provyde remeedy and Likewayes in contempt of Law brocke the areistment and caried away the horse, And Therfore Humbly Craveing the saids Lords would be pleased not only to ordaine the said Francis Scot or any other in whose hands the petitioners horse should be found instantly to restore and delyver up the same to the petitioner Bot also to ordaine the petitioner to be refound of expence and damnadge as the same shall be Liquidate before the Commissioners of Supply Conforme to the Lawes and acts of parliament made anent abuses of this Sort and nature As the said petition bears His Majesties high Commissioner and the Lords of his Majesties privy Councill having Considered the above petition given in to them by the above George Rutherfoord of Fermingtoune with the Commissioners of Supplies warrant and executione therof mentioned therin and produced therwith His Grace and their Lordships Decerne and Ordaine the abovenamed Francis Scot or any other persone in whose hands the said petitioners above horse may be found to restore and instantly delyver the same back againe to the petitioner And allowes the said Francis Scott to see and answer the rest of the petition As to the expenses and damnadge untill the nixt Councill day And Ordaines Letters of horning on six dayes and Other executions needfull to pass hereon under the Signet of Councill in form as effeirs

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

D1700/9/21

Order

Act Rutherfoord of Fermingtoune Against Scott

Anent a Petition given in to his Majesties high Commissioner and Lords of his Majesties privy Councill be George Rutherfoord of Fermingtoune Shewing That since the petitioner was Lately named a Commissioner of Supply for the Shyre of Roxburgh he hath readily endeavoured to discharge the duty of that trust, Bot did nowayes Judge himself by accepting to be a Commissioner subject and Lyable for the Ommissiones or duties of any other who hade served the Shyre Commissioners of Suply eightein or Tuenty dayes agoe, yet nevertheless Sir James Oswald of Fingletoune Generall receiver of the Cess and excyse for the years Jaj vjc Eightie one and Jaj vjc eightie thrie haveing ordered a partie to quarter upon the Shyre of Roxburgh for some pretended deficiencies of these years under the Command of Francis Scot a Gentlman of the guards, who haveing intimat his order of quartering to the present Commissioners did within a few dayes therafter accompanied with his party come to the petitioners house and ther violently and masterfully seazed and caried away one of the petitioners best sade horses above Ten pounds sterling value upon pretence of ryding money without any order or warrand from the present Commissioners of authority and sentance of any Judge whatsomever, and which horse was not only detained from the petitioner to this day and made a Comon posture up and down the Countrey Bot the petitioner getting information, that his horse was at Jedburgh did not only cause areist him by order and warrand from the shirriff, Bot also the said Francis Scot being called before the said Commissioners of Supply and ordered to delyver back the horse conforme to their act and Ordinance therwith produced not only refused the same Bot openly declared that so long as his orders stood unrecalled he would doe the Like to others of the Commissioners from time to time wherby the petitioner was not only manifastly absued; Bot this maner of proceeding might discourage the most affectionat of his Majesties subjects in serving their king their king2 and Countrey If the saids Lords should not timeously provyde remeedy and Likewayes in contempt of Law brocke the areistment and caried away the horse, And Therfore Humbly Craveing the saids Lords would be pleased not only to ordaine the said Francis Scot or any other in whose hands the petitioners horse should be found instantly to restore and delyver up the same to the petitioner Bot also to ordaine the petitioner to be refound of expence and damnadge as the same shall be Liquidate before the Commissioners of Supply Conforme to the Lawes and acts of parliament made anent abuses of this Sort and nature As the said petition bears His Majesties high Commissioner and the Lords of his Majesties privy Councill having Considered the above petition given in to them by the above George Rutherfoord of Fermingtoune with the Commissioners of Supplies warrant and executione therof mentioned therin and produced therwith His Grace and their Lordships Decerne and Ordaine the abovenamed Francis Scot or any other persone in whose hands the said petitioners above horse may be found to restore and instantly delyver the same back againe to the petitioner And allowes the said Francis Scott to see and answer the rest of the petition As to the expenses and damnadge untill the nixt Councill day And Ordaines Letters of horning on six dayes and Other executions needfull to pass hereon under the Signet of Councill in form as effeirs

1. NRS, PC2/28, 8r-9r.

2. Sic.

1. NRS, PC2/28, 8r-9r.

2. Sic.

Sederunt, 24 September 1700, Edinburgh

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Att Edinburgh the Twenty fourth day of September One thousand seven hundred years1

D1700/9/12

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Argyll; Earl of Crafurd; Earl of Morton; Earl of Leven; Lord Thesaurer deput; Lord Philiphaugh; Lord Crossrig; Lord Rankeillor; Laird of Stevenson; provost of Edinburgh

Att Edinburgh the Twenty fourth day of September One thousand seven hundred years1

D1700/9/12

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Argyll; Earl of Crafurd; Earl of Morton; Earl of Leven; Lord Thesaurer deput; Lord Philiphaugh; Lord Crossrig; Lord Rankeillor; Laird of Stevenson; provost of Edinburgh

1. NRS, PC2/28, 8r.

2. NRS, PC2/28, 8r.

1. NRS, PC2/28, 8r.

2. NRS, PC2/28, 8r.

Act, 15 September 1699, Edinburgh

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Att Edinburgh the Fiftein day of September Jaj vic Nyntie Nyne years

D1699/9/81

Act

Act […] Cant relict of Mr James Whyt Minister for a Stipend

Anent the petition given in to the Lords of his Majesties privy Councill be […] Cant relict of Mr […] Whyte late minister at Strichen Shewing That wher the petitioners said husband served the cure of the said Church untill his death which happned the Eight day of May last wherby all that fell to the petitioner his relict as the Ann wes the Whitsundayes terme For which he hade in effect served, so that albeit the letter of the Law it be the Ann as the nixt terme after his decease yet it followed so Immediately that it does not really answer the favor of the said Ann by Law intended for ministers relicts and Childrein, and since the petitioner is left a destitute widow with Childrein and that the Kirk is still vaccant And that the petitioner has the Consent of the patron therwith produced for the nixt Micheallmiss or Martinmass terme of the said Stipend which hade the petitioners husband Lived bot eight dayes Longer hade fallen to the petitioner of right as her Arm And Therfore humbly Suplicating the saids Lords to the effect aftermentioned as the petitione bears The Lords of his Majesties privy Councill Haveing Considered this petitione given in to them be the above […] Cant relict of Mr Whyte late minister at Streichen with the patrons Consent mentioned therin and produced therwith, They hereby Declare the vaccant Stipend of the said kirk of Strichen from Whitsunday Last to Mertinmass nixt both in this instant year Jaj vic nyntie nyne To performe and belong to the said petitioner And Decernes and Ordaines the said petitioner to be readily answered obeyed and payed of the said half years Stipend of the Said kirk of Strichen by the heritors fewars wodsetters lifrentars titulars taxsmen of Teynds tennents possessors and others lyable in payment of the Same And Ordaines Letters of horning on fiftein dayes under the Signet of Councill to bee direct at the petitioners instance against the heritors fewars wodsetters and others Lyable in payment of the said stipend To make payment therof to the petitoner upon productione of a decreet of a Locality And in case ther be non Ordaines the heritors and forsaids to make payment of their respective proportiones of the said half years Stipend According as they shall be decerned by the Judge ordinary Reserving allwayes furth of this termes stipend the twenty merks due to the Minister preaching at the said Kirk of Strichen dureing the forsaid terme.

Att Edinburgh the Fiftein day of September Jaj vic Nyntie Nyne years

D1699/9/81

Act

Act […] Cant relict of Mr James Whyt Minister for a Stipend

Anent the petition given in to the Lords of his Majesties privy Councill be […] Cant relict of Mr […] Whyte late minister at Strichen Shewing That wher the petitioners said husband served the cure of the said Church untill his death which happned the Eight day of May last wherby all that fell to the petitioner his relict as the Ann wes the Whitsundayes terme For which he hade in effect served, so that albeit the letter of the Law it be the Ann as the nixt terme after his decease yet it followed so Immediately that it does not really answer the favor of the said Ann by Law intended for ministers relicts and Childrein, and since the petitioner is left a destitute widow with Childrein and that the Kirk is still vaccant And that the petitioner has the Consent of the patron therwith produced for the nixt Micheallmiss or Martinmass terme of the said Stipend which hade the petitioners husband Lived bot eight dayes Longer hade fallen to the petitioner of right as her Arm And Therfore humbly Suplicating the saids Lords to the effect aftermentioned as the petitione bears The Lords of his Majesties privy Councill Haveing Considered this petitione given in to them be the above […] Cant relict of Mr Whyte late minister at Streichen with the patrons Consent mentioned therin and produced therwith, They hereby Declare the vaccant Stipend of the said kirk of Strichen from Whitsunday Last to Mertinmass nixt both in this instant year Jaj vic nyntie nyne To performe and belong to the said petitioner And Decernes and Ordaines the said petitioner to be readily answered obeyed and payed of the said half years Stipend of the Said kirk of Strichen by the heritors fewars wodsetters lifrentars titulars taxsmen of Teynds tennents possessors and others lyable in payment of the Same And Ordaines Letters of horning on fiftein dayes under the Signet of Councill to bee direct at the petitioners instance against the heritors fewars wodsetters and others Lyable in payment of the said stipend To make payment therof to the petitoner upon productione of a decreet of a Locality And in case ther be non Ordaines the heritors and forsaids to make payment of their respective proportiones of the said half years Stipend According as they shall be decerned by the Judge ordinary Reserving allwayes furth of this termes stipend the twenty merks due to the Minister preaching at the said Kirk of Strichen dureing the forsaid terme.

1. NRS, PC2/27, 249r-249v.

1. NRS, PC2/27, 249r-249v.

Act, 15 September 1699, Edinburgh

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Att Edinburgh the Fiftein day of September Jaj vic Nyntie Nyne years

D1699/9/71

Act

Act John Vallange Stationer for Printing some Decisions of the Lords of Session

Anent the petition given in to the Lords of his Majesties privy Councill be John Vallange bookseller in Edinburgh Shewing That the petitioner had caused fitt and prepair for the press according to the most authentick and Originall Copies the books following To witt The decisiones of the Lords of Councill and Session from the year Jaj vic sixtie one to the year Jaj vic sixtie six Collected by Sir John Gilmore of Craigmillar deceased president of the Colledge of Justice, as also the densiones of the saids Lords from the year Jaj vic Eightie one to the year Jaj vic Eightie six Collected by Sir David Falconar of Newtoune Sometime president of Session, and Likewayes hopes minor practiques Corrected and amended in sundrie parts according to the acts of parliament and decisiones past since the first publishing of that Treatise with usefull notes and observationes dispersed throw the whole work, And in like maner ane abridgment in English of the treaties concerning fewes wryten in Latine by the Learned Lawier Mr Thomas Craig of Riccartoune Corrected and with Notes etc For incouradging and promotting the Impression of which books, and because the petitioner will be at great charges therin And Therfore Humbly Suplicating the saids Lords to the effect aftermentioned as the said petition bears The Lords of his Majesties privy Councill haveing Considered this petition given in to them be the above John Vallange They doe hereby Grant full power and sole priviledge to the said John Vallange petitioner his heirs and assigneyes dureing the space of Nyntein years yet to run to print and sell the books abovenamed in this petitione in such volume and in so many tombs as shall be convenient and prohibits and Discharges all printers booksellers Merchants or others whatsoever dureing the space forsaid to Imprint from abroad or print sell or retaill within this kingdome any other Impression of all or any one of the books abovenamed then what shall be printed by the said John Vallange or his forsaids with Certificatione that not only these Impressiones and Copies shall be seased upon by any Magistrat without process of Law and that they shall be Confiscat to the petitioner and his forsaid ther use and behoove Bot also that the Importers printers and sellers of these Copies not printed by the said petitioner shall each of them be lyable in the Soume of ane hundred merks scots money wherof the one half shall belong to the informer and the other half shall be applyed to the use of the said2 petitioner himself and his afarsaids Or to the poor of the parish wher the saids Impressiones or books shall be seized at the petitioners option.

Att Edinburgh the Fiftein day of September Jaj vic Nyntie Nyne years

D1699/9/71

Act

Act John Vallange Stationer for Printing some Decisions of the Lords of Session

Anent the petition given in to the Lords of his Majesties privy Councill be John Vallange bookseller in Edinburgh Shewing That the petitioner had caused fitt and prepair for the press according to the most authentick and Originall Copies the books following To witt The decisiones of the Lords of Councill and Session from the year Jaj vic sixtie one to the year Jaj vic sixtie six Collected by Sir John Gilmore of Craigmillar deceased president of the Colledge of Justice, as also the densiones of the saids Lords from the year Jaj vic Eightie one to the year Jaj vic Eightie six Collected by Sir David Falconar of Newtoune Sometime president of Session, and Likewayes hopes minor practiques Corrected and amended in sundrie parts according to the acts of parliament and decisiones past since the first publishing of that Treatise with usefull notes and observationes dispersed throw the whole work, And in like maner ane abridgment in English of the treaties concerning fewes wryten in Latine by the Learned Lawier Mr Thomas Craig of Riccartoune Corrected and with Notes etc For incouradging and promotting the Impression of which books, and because the petitioner will be at great charges therin And Therfore Humbly Suplicating the saids Lords to the effect aftermentioned as the said petition bears The Lords of his Majesties privy Councill haveing Considered this petition given in to them be the above John Vallange They doe hereby Grant full power and sole priviledge to the said John Vallange petitioner his heirs and assigneyes dureing the space of Nyntein years yet to run to print and sell the books abovenamed in this petitione in such volume and in so many tombs as shall be convenient and prohibits and Discharges all printers booksellers Merchants or others whatsoever dureing the space forsaid to Imprint from abroad or print sell or retaill within this kingdome any other Impression of all or any one of the books abovenamed then what shall be printed by the said John Vallange or his forsaids with Certificatione that not only these Impressiones and Copies shall be seased upon by any Magistrat without process of Law and that they shall be Confiscat to the petitioner and his forsaid ther use and behoove Bot also that the Importers printers and sellers of these Copies not printed by the said petitioner shall each of them be lyable in the Soume of ane hundred merks scots money wherof the one half shall belong to the informer and the other half shall be applyed to the use of the said2 petitioner himself and his afarsaids Or to the poor of the parish wher the saids Impressiones or books shall be seized at the petitioners option.

1. NRS, PC2/27, 248r-249r.

2. Insertion.

1. NRS, PC2/27, 248r-249r.

2. Insertion.

Sederunt, 15 September 1699, Edinburgh

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Att Edinburgh the Fiftein day of September Jaj vic Nyntie Nyne years1

D1699/9/62

Sederunt

Lord Chancelor; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Lauderdale; Earl of Lowdone; Earl of Annandale; Viscount Seafeild S:; Lord Carmicheall S:; Lord Forbes; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Philiphaugh; Lord Crossrig; Mr Fra; Montgomry; Laird of Blackbarony

Att Edinburgh the Fiftein day of September Jaj vic Nyntie Nyne years1

D1699/9/62

Sederunt

Lord Chancelor; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Lauderdale; Earl of Lowdone; Earl of Annandale; Viscount Seafeild S:; Lord Carmicheall S:; Lord Forbes; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Philiphaugh; Lord Crossrig; Mr Fra; Montgomry; Laird of Blackbarony

1. NRS, PC2/27, 248r.

2. NRS, PC2/27, 248r.

1. NRS, PC2/27, 248r.

2. NRS, PC2/27, 248r.

Act, 14 September 1699, Edinburgh

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Att Edinburgh the Fourteinth day of September Jaj vic Nynty Nyne

D1699/9/51

Act

Act Captain Thomas Hay Merchant

Anent the petition given in to the Lords of his Majesties privy Councill be Thomas Hay Captain in Collonell Buchans regiment Shewing That the petitioner haveing spent a good part of his fortune in his Majesties service at home and abroad, after the disbanding of the Regiment the petitioner did goe for London in order to gett some of the petitioners arreirs due to the petitioner ther; and haveing received a part therof, The petitioner bought their some peices of Cloath therwith which were Shipped for Scotland prior to the proclamation prohibiting the Import of Foraigne Cloaths, as an obedience hereof the petitioner doe produce the merchants notes from whom they were bought on the sixth and nynth dayes of May Jaj vic nyntie nyne As also ane order from Patrick Baptie Skipper to John Spence his mate fore receiveing them on board on the twenty of May Jaj vic nyntie Nyne with Patrick Bapties Letters to the petitioners wife telling her that it was his mates fault when he was himself a shoar that the watter men were sent back with the goods dated at Leith the Threttie of May Jaj vic nyntie nyne Therupon the petitioner Loaded them aboard in James Lawes ship and the petitioner produced the bills of Loadning dated the threteen of June Jaj vic nyntie nyne wheras the proclamatione did not Superveen till the twentie thrid of the said moneth, as this was invincible Ignorance of the petitioner, So that the petitioner was informed that the saids Lords hade found that the Other Cloaths in that Shipp were not Seizure, and therfore have ordained them to bee delyvered to the owners for exportation upon Caution to be found by them for that effect The petitioner was absent at the time of this application and the goods were seazed by the Tacksmen and their Collector at Leith And Therfore humbly Supplicating the said Lords to the effect aftermentioned as the petition bears The saids Lords of his Majesties privy Councill Haveing Considered the above petition They Declare the goods mentioned in the petition to be Lyable to no Seizure, And discharges the Tacksmen Collectors and other officers in the Customehouse under them to seaze upon the same and allowes the petitioner to whom they belong to export or transmitt these goods to any port harbour or place furth of this kingdome In Respect the petitioner before extracting hereof hath Compeared before George Home of Kello present Lord provest of Edinburgh and one of his majesties privy Councill and made Inventar and given his Oath that the goods Imported by him are as followes Viz Fyve pieces of Cloath Containeing ane hundred and two yeards and thrie quarters Cloath, And ane piece of Drugget Containeing threttie Eight yeards In all ane hundred Fourtie yeards and thrie quarters and hath given bond and found Cautione acted in maner forsaid that he shall export the saids goods betwixt and the first day of January one thousand and seven hundred years under the paine of the value of the saids goods belonging to the petitioner And discharges any part of the saids goods to be taken out of the Toune of Leith And Ordaines them to lye in the custome house ther till they be transported furth of the kingdome as said is.

Att Edinburgh the Fourteinth day of September Jaj vic Nynty Nyne

D1699/9/51

Act

Act Captain Thomas Hay Merchant

Anent the petition given in to the Lords of his Majesties privy Councill be Thomas Hay Captain in Collonell Buchans regiment Shewing That the petitioner haveing spent a good part of his fortune in his Majesties service at home and abroad, after the disbanding of the Regiment the petitioner did goe for London in order to gett some of the petitioners arreirs due to the petitioner ther; and haveing received a part therof, The petitioner bought their some peices of Cloath therwith which were Shipped for Scotland prior to the proclamation prohibiting the Import of Foraigne Cloaths, as an obedience hereof the petitioner doe produce the merchants notes from whom they were bought on the sixth and nynth dayes of May Jaj vic nyntie nyne As also ane order from Patrick Baptie Skipper to John Spence his mate fore receiveing them on board on the twenty of May Jaj vic nyntie Nyne with Patrick Bapties Letters to the petitioners wife telling her that it was his mates fault when he was himself a shoar that the watter men were sent back with the goods dated at Leith the Threttie of May Jaj vic nyntie nyne Therupon the petitioner Loaded them aboard in James Lawes ship and the petitioner produced the bills of Loadning dated the threteen of June Jaj vic nyntie nyne wheras the proclamatione did not Superveen till the twentie thrid of the said moneth, as this was invincible Ignorance of the petitioner, So that the petitioner was informed that the saids Lords hade found that the Other Cloaths in that Shipp were not Seizure, and therfore have ordained them to bee delyvered to the owners for exportation upon Caution to be found by them for that effect The petitioner was absent at the time of this application and the goods were seazed by the Tacksmen and their Collector at Leith And Therfore humbly Supplicating the said Lords to the effect aftermentioned as the petition bears The saids Lords of his Majesties privy Councill Haveing Considered the above petition They Declare the goods mentioned in the petition to be Lyable to no Seizure, And discharges the Tacksmen Collectors and other officers in the Customehouse under them to seaze upon the same and allowes the petitioner to whom they belong to export or transmitt these goods to any port harbour or place furth of this kingdome In Respect the petitioner before extracting hereof hath Compeared before George Home of Kello present Lord provest of Edinburgh and one of his majesties privy Councill and made Inventar and given his Oath that the goods Imported by him are as followes Viz Fyve pieces of Cloath Containeing ane hundred and two yeards and thrie quarters Cloath, And ane piece of Drugget Containeing threttie Eight yeards In all ane hundred Fourtie yeards and thrie quarters and hath given bond and found Cautione acted in maner forsaid that he shall export the saids goods betwixt and the first day of January one thousand and seven hundred years under the paine of the value of the saids goods belonging to the petitioner And discharges any part of the saids goods to be taken out of the Toune of Leith And Ordaines them to lye in the custome house ther till they be transported furth of the kingdome as said is.

1. NRS, PC2/27, 247r-248r.

1. NRS, PC2/27, 247r-248r.

Procedure, 14 September 1699, Edinburgh

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Att Edinburgh the Fourteinth day of September Jaj vic Nynty Nyne

D1699/9/41

Procedure

Remit Anent Alexander Bruce and Home of Kinnergeine

The Lords of his majesties privy Councill haveing heard and Considered a petitione given in to them be Alexander Bruce and report of the Committie anent the proces David Home, and Kinnergeine his brother against the said Alexander with the missive Letters produced They find the injust and Illegall partioning for exacting of money for deficiencie on the parties was not quartered upon the place Sufficiently proven And Remitts to the Committie formerly appointed in this matter to Consider how the late abuse may be prevented in time comeing and to make farder inquyry into that matter and to report.

Att Edinburgh the Fourteinth day of September Jaj vic Nynty Nyne

D1699/9/41

Procedure

Remit Anent Alexander Bruce and Home of Kinnergeine

The Lords of his majesties privy Councill haveing heard and Considered a petitione given in to them be Alexander Bruce and report of the Committie anent the proces David Home, and Kinnergeine his brother against the said Alexander with the missive Letters produced They find the injust and Illegall partioning for exacting of money for deficiencie on the parties was not quartered upon the place Sufficiently proven And Remitts to the Committie formerly appointed in this matter to Consider how the late abuse may be prevented in time comeing and to make farder inquyry into that matter and to report.

1. NRS, PC2/27, 246v-247r.

1. NRS, PC2/27, 246v-247r.

Sederunt, 14 September 1699, Edinburgh

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Att Edinburgh the Fourteinth day of September Jaj vic Nynty Nyne1

D1699/9/32

Sederunt

Lord Chancelor; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Lothian; Earl of Lowdon; Earl of Annandale; Earl of Forfar; Viscount Seafeild S:; Lord Polwarth; Lord Carmicheall S:; Lord Forbes; Lord Ruthven; Lord President of Session; Lord Advocat; Lord Thesaurer deput; Lord Justice Clerk; Lord Philiphaugh; Lord Halcraig; Lord Crosrig; Lord Rankeillor; Mr Fra: Montgomry; Laird of Grant; Laird of Blackbarony; Laird of Stevenson; Lord Provest of Edinburgh

Att Edinburgh the Fourteinth day of September Jaj vic Nynty Nyne1

D1699/9/32

Sederunt

Lord Chancelor; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Lothian; Earl of Lowdon; Earl of Annandale; Earl of Forfar; Viscount Seafeild S:; Lord Polwarth; Lord Carmicheall S:; Lord Forbes; Lord Ruthven; Lord President of Session; Lord Advocat; Lord Thesaurer deput; Lord Justice Clerk; Lord Philiphaugh; Lord Halcraig; Lord Crosrig; Lord Rankeillor; Mr Fra: Montgomry; Laird of Grant; Laird of Blackbarony; Laird of Stevenson; Lord Provest of Edinburgh

1. NRS, PC2/27, 246v.

2. NRS, PC2/27, 246v.

1. NRS, PC2/27, 246v.

2. NRS, PC2/27, 246v.

Decreet, 12 September 1699, Edinburgh

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Att Edinburgh the Twelth day of September Jaj vic Nyntie Nyne years

D1699/9/21

Decreet

Decreet Cochran of Ferguslie Against Spence and others

Anent the Lybell or Letters of Complaint raised and pursued before the Lords of his Majesties privy Councill at the instance of William Cochran of Ferguslie tacksman of the pole with Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwrittin Making Mentione That wher by the act of Parliament Jaj vic nyntie Eight entituled act anent pole money ther was ane Subsidie to be uplifted by way of pole money offered to his majestie, and by his majestie and Estates of parliament Laid upon the persones and according to the Characters and Conditiones particularly Sett doune in the said act Wherby they were made Lyable to pay their respective proportiones therof in maner therin contained Nevertheless It is of verity that the persones aftermentioned are lyable in the termes of the said act for the respective proportiones according to the tenor thereof Refuse to make payment of the Same as first wher by the said act Its Statute that such as doe not Compear or send under their hands names qualities and values of their estates or give up the Same Otherwayes then it Should be Shall be Lyable in the quadruple of their pole yet Alexander Hodge merchant in Bristo Patrick Cowie tanner in Westkirk parish and Thomas Sheills in Bruchtoune who did not give up their names qualities and values as said is, at least whose names are not Contained in the books returned from the Shyres to the Thesaury in maner appointed by the said act Refuse to pay the said quadruples which according to their Character and Condition by the forsaid act extends to the Soume of […] Item wheras by the said act all heritors of sixtie pound of valued rent or above are Lyable in the proportiones therin sett doune yet […] Brown daughter to John Brown wryter in Edinburgh and John Gordon of Kingoody her husband and […] Lady Blockhouse her mother, Margrat Murray relict of William Megget of Mastertoune in Newbotle parish […] Megget her sone heritors of the valued rent of […] Refuse to pay them proportion alledging their Lands or at least a part of it to be liferented and […] the lyfrentar does also pretend that they are not lyable albeit by the act of parliament both heritor and liferenter Ought to pay in the termes therof Item wheras by the said act of parliament Doctors of Medicine, appothecaries Chirurgeons and others repute such are to pay twelve pounds of pole, yet true it is that Robert Kirkland in Obergogar, William Gordon elder of Whelpsid and John Reid at Preistfeild who ordinary draw blood performe Chirurgicall cures or give potions or other applicationes of Medicine or give advyce to that effect, and takes money for the same Refuses to pay the forsaid twelve pounds as also Robert Halyburtone and John Forest merchants in Edinburgh haveing houses and burrow aikers and not valued in the valuations of the Shyre Refuse to pay for the Same as free Stock and albeit they be valued, yet since their valuatione extends not to sixtie pounds to make the saids persones Lyable under that class Nevertheless the said housses and ailers ought to be reckoned a part of their free Stock, and they ought to pay for the same under that notione Item Wheras by the said act of parliament all wryters not to the Signet are ordained to pay a pole of the six pounds Scots, yet William Robisone Servitor to James Hamilton of Bemgaur advocat Lodovick Spence and Robert Spence wryters in Edinburgh pretending to be Servants to the Lords of Session or advocats or only agents or wryters in other mens Chambers albeit they really be or at least designe themselves wryters and wryters in Edinburgh and Service his majesties Leidges by themselves without the dictament of a master and take money for the same Refuse to pay the said six pounds Scots By all which its evident that the forsaids persones are lyable and ought to make payment of the Soumes above lybelled, And that they ought to be declared by the saids Lords of privy Councill as the proper Judges in this matter to make payment of the Same with intrest and expensses as the saids Lords should think fitt to modifie And Anent the Charge given to the haill fornamed persones above Complained upon To have Compeared personally this day before the saids Lords To have answered to the grounds of the above Complaint and to have heard and seen such order and Course taken theranent as appairtaines as in the said Lybell or Letters and executiones therof at more Lenth is Contained, Which Lybell being this day called in presence of the saids Lords of his majesties privy Councill, And the pursuer being absent In Respect of his indisposition and being bedfast, And John Campbell of Skipnes another of the said Tacksmen Compearing personally for him with Sir Patrick Home his Majesties Solicitor as their advocat, and John Reid at Preistfeild and Lodovick and Robert Spennes wryters in Edinburgh shire of the saids defenders Compearing also personally, and Margaret Murray relict of William Megget of Mastertoune another of the saids defenders being absent having produced a discharge granted by Hary Muray to her of one pounds Scots being the polemoney as she has classed her self payable in the moneth of January Jaj vic Nyntie Nyne years dated the Eightein day of the said moneth and years of god forsaid, And the rest of the saids defenders in the forsaid lybell Viz Alexander Hodge Patrick Cowie […] Brown and John Gordon of Kingoody her husband […] Lady Blockhouse Robert Kirkland William Gordon Robert Halyburtone John Forrest and William Robertsone being all Lawfullie Sumoned oft times called and not Compearing The Lybell being read and parties Compearing fully heard, The saids Lords haveing Considered the Lybell with the discharge forsaid produced as said is, And that the said Lodovick and Robert Spences acknowledged at the barr that they were advocats servants and sometimes wryters in Edinburgh The saids Lords doe hereby Find That the saids Lodovick and Robert Spennes are Lyable in their single pole to the said William Cochran tacksman of the said pole as wryters not to the signet, And Finds that the said Margaret is lyable to make payment to the said William Cochran of the thrid part of her said husbands single pole allowing to her the said Soume of one pounds Scots contained in the said recept produced as in part therof, And have assaylied and hereby assaylzies her from the quadruple of the said pole and from the other points and articles lybelled against her, And the saids Lords have assoylzied and hereby assaylzies the said John Reid at Preistfeild from the haill points and articles of the Lybell, lybelled against him In Respect he is only a Gardner and neither Doctor of Medicine, nor Chirurgeon nor apothecary nor repute doctor of medicine And Declares ihm quyt therof and free therfrae in all time comeing And the saids Lords Doe hereby Remitt to the Committie formerly appointed anent the pole Viz The Earles of Melvill Argyle and Cassills, The Lord Boyle, The Lord president of Session, Lord advocat and Mr Francis Montgomrie to Consider the points and articles of the said lybell Lybelled against the other defenders not named in this interloquitor And Recommends to the Comittie to meet the morow at ten in the forenoon and to report against Thursday nixt, And continues the quorum to be two of them as formerly And Decernes and Ordaines Letters of horning on six dayes and others needfull upon the premisses to be direct against the persones above decerned in forme as effeirs

Att Edinburgh the Twelth day of September Jaj vic Nyntie Nyne years

D1699/9/21

Decreet

Decreet Cochran of Ferguslie Against Spence and others

Anent the Lybell or Letters of Complaint raised and pursued before the Lords of his Majesties privy Councill at the instance of William Cochran of Ferguslie tacksman of the pole with Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwrittin Making Mentione That wher by the act of Parliament Jaj vic nyntie Eight entituled act anent pole money ther was ane Subsidie to be uplifted by way of pole money offered to his majestie, and by his majestie and Estates of parliament Laid upon the persones and according to the Characters and Conditiones particularly Sett doune in the said act Wherby they were made Lyable to pay their respective proportiones therof in maner therin contained Nevertheless It is of verity that the persones aftermentioned are lyable in the termes of the said act for the respective proportiones according to the tenor thereof Refuse to make payment of the Same as first wher by the said act Its Statute that such as doe not Compear or send under their hands names qualities and values of their estates or give up the Same Otherwayes then it Should be Shall be Lyable in the quadruple of their pole yet Alexander Hodge merchant in Bristo Patrick Cowie tanner in Westkirk parish and Thomas Sheills in Bruchtoune who did not give up their names qualities and values as said is, at least whose names are not Contained in the books returned from the Shyres to the Thesaury in maner appointed by the said act Refuse to pay the said quadruples which according to their Character and Condition by the forsaid act extends to the Soume of […] Item wheras by the said act all heritors of sixtie pound of valued rent or above are Lyable in the proportiones therin sett doune yet […] Brown daughter to John Brown wryter in Edinburgh and John Gordon of Kingoody her husband and […] Lady Blockhouse her mother, Margrat Murray relict of William Megget of Mastertoune in Newbotle parish […] Megget her sone heritors of the valued rent of […] Refuse to pay them proportion alledging their Lands or at least a part of it to be liferented and […] the lyfrentar does also pretend that they are not lyable albeit by the act of parliament both heritor and liferenter Ought to pay in the termes therof Item wheras by the said act of parliament Doctors of Medicine, appothecaries Chirurgeons and others repute such are to pay twelve pounds of pole, yet true it is that Robert Kirkland in Obergogar, William Gordon elder of Whelpsid and John Reid at Preistfeild who ordinary draw blood performe Chirurgicall cures or give potions or other applicationes of Medicine or give advyce to that effect, and takes money for the same Refuses to pay the forsaid twelve pounds as also Robert Halyburtone and John Forest merchants in Edinburgh haveing houses and burrow aikers and not valued in the valuations of the Shyre Refuse to pay for the Same as free Stock and albeit they be valued, yet since their valuatione extends not to sixtie pounds to make the saids persones Lyable under that class Nevertheless the said housses and ailers ought to be reckoned a part of their free Stock, and they ought to pay for the same under that notione Item Wheras by the said act of parliament all wryters not to the Signet are ordained to pay a pole of the six pounds Scots, yet William Robisone Servitor to James Hamilton of Bemgaur advocat Lodovick Spence and Robert Spence wryters in Edinburgh pretending to be Servants to the Lords of Session or advocats or only agents or wryters in other mens Chambers albeit they really be or at least designe themselves wryters and wryters in Edinburgh and Service his majesties Leidges by themselves without the dictament of a master and take money for the same Refuse to pay the said six pounds Scots By all which its evident that the forsaids persones are lyable and ought to make payment of the Soumes above lybelled, And that they ought to be declared by the saids Lords of privy Councill as the proper Judges in this matter to make payment of the Same with intrest and expensses as the saids Lords should think fitt to modifie And Anent the Charge given to the haill fornamed persones above Complained upon To have Compeared personally this day before the saids Lords To have answered to the grounds of the above Complaint and to have heard and seen such order and Course taken theranent as appairtaines as in the said Lybell or Letters and executiones therof at more Lenth is Contained, Which Lybell being this day called in presence of the saids Lords of his majesties privy Councill, And the pursuer being absent In Respect of his indisposition and being bedfast, And John Campbell of Skipnes another of the said Tacksmen Compearing personally for him with Sir Patrick Home his Majesties Solicitor as their advocat, and John Reid at Preistfeild and Lodovick and Robert Spennes wryters in Edinburgh shire of the saids defenders Compearing also personally, and Margaret Murray relict of William Megget of Mastertoune another of the saids defenders being absent having produced a discharge granted by Hary Muray to her of one pounds Scots being the polemoney as she has classed her self payable in the moneth of January Jaj vic Nyntie Nyne years dated the Eightein day of the said moneth and years of god forsaid, And the rest of the saids defenders in the forsaid lybell Viz Alexander Hodge Patrick Cowie […] Brown and John Gordon of Kingoody her husband […] Lady Blockhouse Robert Kirkland William Gordon Robert Halyburtone John Forrest and William Robertsone being all Lawfullie Sumoned oft times called and not Compearing The Lybell being read and parties Compearing fully heard, The saids Lords haveing Considered the Lybell with the discharge forsaid produced as said is, And that the said Lodovick and Robert Spences acknowledged at the barr that they were advocats servants and sometimes wryters in Edinburgh The saids Lords doe hereby Find That the saids Lodovick and Robert Spennes are Lyable in their single pole to the said William Cochran tacksman of the said pole as wryters not to the signet, And Finds that the said Margaret is lyable to make payment to the said William Cochran of the thrid part of her said husbands single pole allowing to her the said Soume of one pounds Scots contained in the said recept produced as in part therof, And have assaylied and hereby assaylzies her from the quadruple of the said pole and from the other points and articles lybelled against her, And the saids Lords have assoylzied and hereby assaylzies the said John Reid at Preistfeild from the haill points and articles of the Lybell, lybelled against him In Respect he is only a Gardner and neither Doctor of Medicine, nor Chirurgeon nor apothecary nor repute doctor of medicine And Declares ihm quyt therof and free therfrae in all time comeing And the saids Lords Doe hereby Remitt to the Committie formerly appointed anent the pole Viz The Earles of Melvill Argyle and Cassills, The Lord Boyle, The Lord president of Session, Lord advocat and Mr Francis Montgomrie to Consider the points and articles of the said lybell Lybelled against the other defenders not named in this interloquitor And Recommends to the Comittie to meet the morow at ten in the forenoon and to report against Thursday nixt, And continues the quorum to be two of them as formerly And Decernes and Ordaines Letters of horning on six dayes and others needfull upon the premisses to be direct against the persones above decerned in forme as effeirs

1. NRS, PC2/27, 244r-246v.

1. NRS, PC2/27, 244r-246v.

Sederunt, 12 September 1699, Edinburgh

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Att Edinburgh the Twelth day of September Jaj vic Nyntie Nyne years1

D1699/9/12

Sederunt

Lord Chancelor; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Buchan; Earl of Lauderdale; Earl of Lothian; Earl of Loudone; Earl of Anandale; Viscount Seafeild S:; Lord Polwarth; Lord Carmichaell S:; Lord Forbes; Lord Ruthven; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Lord Rankeillor; Mr Fra: Montgomry; Laird of Blackbarrony; Laird of Stivensone; Lord Provest of Edinburgh

Att Edinburgh the Twelth day of September Jaj vic Nyntie Nyne years1

D1699/9/12

Sederunt

Lord Chancelor; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Buchan; Earl of Lauderdale; Earl of Lothian; Earl of Loudone; Earl of Anandale; Viscount Seafeild S:; Lord Polwarth; Lord Carmichaell S:; Lord Forbes; Lord Ruthven; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Lord Rankeillor; Mr Fra: Montgomry; Laird of Blackbarrony; Laird of Stivensone; Lord Provest of Edinburgh

1. NRS, PC2/27, 244r.

2. NRS, PC2/27, 244r.

1. NRS, PC2/27, 244r.

2. NRS, PC2/27, 244r.