Adam Masterton of Grange (died 1695)
Tutor of John Philip
Adam Masterton of Grange was author of a petition to parliament in 1690 on behalf of John Philip, to attempt to recover lands lost by his uncle John Philip, minister of Queensferry, who had been imprisoned on the Bass Rock in the Firth of Forth in 1683, and died there. During this time, the Bass Rock was a State Prison and was used to imprison covenanters, many of them ministers.
Genealogy
Adam Masterton was a member of the family of Mastertons with their family seat at Easter Grange in Fife, probably related to the Mastertons of Parkmill. He was the son of John Masterton of Easter Grange. For a fuller genealogy of the Mastertons of Grange, click here.
Register of the Privy Council of Scotland
Third Series Vol VI, 1678-80.
4 August 1680, Edinburgh
The Lords, considering that several of the commissioners of excise and for the militia and justices of peace in the shire of Perth are either deceased or infirm, do nominate and appoint the following persons to sit and act as such, and to be admitted in the usual manner; viz., the Earl of Menteith, Mr James Edmeston of Newtone, Patrick Halden of Landrick, John Stirling of Kippendavie, Henry Home of Argatie, George Grahame of Inschbraikie, John Drummond of Machanie, David, Lord Ruthven, John Stewart, younger of Bairntullie, Thomas Hay of Balhoussie, Lieutenant-General William Drummond of Cromlix, George Drummond of Millnab, Anthony Murray of Reath, John Maxtoun of Cultoqwhey, Patrick Murray of Dolleries, James Fentoun of Minenearne, Walter Stewart of Kincarroqwhy, John Murray of Pitullan, Andrew Blair of Inschyra, Thomas Moncrieff of that Ilk, Adam Mastertoune of Grange, Charles Stewart, younger of Ballachen, Alexander Stewart of Clune, James Murray of Arthurstan, William Fullartoun of that Ilk, Patrick Smyth of Methven, James Ratray of Craighall, James Ogilvie of Clunie, Patrick Murray, younger of Auchtertyre, John Murray, younger of Arbenie, Sir Andrew Murray of Cleen, Thomas Nairne of Kirkhill, the Laird of Pitcurre, the Laird of Bamff, younger, the Laird of Ardblair, younger, the Laird of Monyvaird, Charles Stewart of Rotmell, William Stewart, younger of Kinnaird, ...Nairne of Craigie, Andrew Small of Darnean, the Laird of Keir, Patrick Stewart of Lews, Patrick Hay of Cairnies, John Mercer of Potterhill, John Stewart, younger of Stentone, John Stewart of Bonskeid, .... Stewart of Urchillmoir.
The Register of the Privy Council of Scotland
P Hume Brown (ed)
Third Series, Vol VI, 1678-80
p. 522
HM General Register House
Edinburgh, 1914
Register of the Privy Council of Scotland
Third Series, Vol XII, 1686.
February 1686, Edinburgh
p. 63: 66."A list of witnesses aduced in the lybell James Mackie and others against Broomhall and others:-
"HORSEMEN":- .....Adam Mastertone of East Grange....
"FUTEMEN":- ......William Mastertone, workman....
p. 570: "Ane list of the witnesses ......
....William Mastertoun, ab...
....Adam Mastertoune, ab......
The Register of the Privy Council of Scotland
Henry Paton (ed)
Third Series, Vol XII, 1686
pp. 63, 570
HM General Register House
Edinburgh, 1930
Register of the Privy Council of Scotland
Vol XII, Third Series. 1686.
17 June 1686, Edinburgh
"Upon the bill given in by Adam Mastertoun of Grange and George Haliday, merchant in Edinburgh, against John Philp, complaining that these papers which had been produced amongst the papers belonging to Mr John Philp wer abstracted, and desireing that the oathes of all parties suspect might be interrogat therupon and depon either as to the abstracting, embazling or away taking thereof or as to the knowledge where the same are, the Lordis remitts to the Earle of Lauderdale, the Lords Justice Clerk and Castlehill or any two of them to call any such persons and to interrogate them accordingly, and impones them upon recept thereof to be furthcomand for the use of the said John Philp to deliver up the same."
17 June 1686, Edinburgh
436. Supplication by Adam Maistertoune of Grange and George Halyday, merchant in Edinburgh, his brother-in-law, in name and behalf of John Philip, son of deceased David Philip, merchant there, as follows:- The deceased Mr John Philip, uncle to the petitioner, was fined by the Council 2000l. Sterling, and his charter-chest and whole papers were seized and secured in the hands of the Clerks of Exchequer, including bonds, etc. Belonging to the said John Philip, left in his uncle’s custody when his father died. The petitioner being hitherto destitute of such friends as would own or countenance him or his affairs or pursue for the debts owing to his father, these papers lay uncalled for these four years past, during which time John Broune, glover in Edinburgh, has alimented the petitioner and his now deceased sister, without receiving any satisfaction, only upon the said Adam and George’s promise to see him paid if anything were recovered of the father’s debts. These debts, by the insolvency of the debtors, are now desperate, and seeing the said persons are near relatives of the petitioner and willing to engage not only to pay the aliment foresaid but maintain the petitioner in future and recover what they can, to prevent his utter ruin and starving, they crave delivery of the papers and moveables and power to uplift the debts and apply them for maintaining the petitioner. (On the back) Edinburgh 17th June 1686. The Lords remit to the Earls of Linlithgow and Lawderdale, Lords Justice Clerk and Castlehill, or any two of them, to call and examine upon oath the persons receiving and transporting the charter-chest and all havers of papers, with power to deliver up to the petitioners such of the writs as properly belong to the said John Philpe, with the moveables, to be applied as above. (Signed) “PERTH, CANCELL., I.P.D.” (At the foot) “This is deliverance of Councill tho not wreaten with my owne hand.”
437. Another copy of the immediately preceding petition by Adam Mastertoun of Grange.
438. Scroll of part of the finding of the Lords on the petition by Adam Masterton of Grange.
The Register of the Privy Council of Scotland
Henry Paton (ed)
Vol XII, Third Series, 1686
pp 251, 261-62
HM General Register House
Edinburgh, 1930
Register of the Privy Council of Scotland
Vol XV, Third Series. 1690
6 March 1690, Edinburgh
Petition by Adam Mastertoun of Grainge : He is near relation of John Philp, lawful son to the deceased David Philp, merchant in Edinburgh and heir to deceased Mr John Philp, minister of the gospel, who was fined £2000 sterling for alleging the late King James to be popishly inclined and incarcerated in the Bass for non-payment where he died. At the desire of Sir Alexander Gibsone and Sir James Fleming, nearer relations to the said John, he obtained from the Lords of Exchequer a gift of tutory-dative to John a few years ago and acted ever since in that capacity by infefting him in lands and heritages as representing his father and uncle and by entertaining him and pursuing several actions in his name, and otherwise acting for him.
Lately, while he was in England in their Majesties’ service, .........Cuming, son to Jasper Cuming, merchant in Edinburgh, during the surcease of justice obtained himself to be served tutor-in-law to John and applied last October to the said Lords, craving delivery of the pupil and all the evident of his fortune. The petitioner having represented in answer thereto that the tutor-in-law could not have the custody of the pupil nor the management of his affairs, in regard he was the next heir, and that “the pretended tutor-in-law was not past twenty five years himself and that he was a nottour bankrupt, both he and his father liveing upon the charity of the good town of Edinburgh, neyther was the cautione found by him nor the clerk who did receive the same worth the twentieth pairt of the pupils fortaine”, the Lords refused to determine the point of right, but remitted it to the judge ordinary, since which time the tutor-in-law has not offered to insist, till now the petitioner is informed that he has arrested the pupil’s rents and has raised or intends to raise a process of forthcoming, in order to his intromitting therewith.
By this the petitioner cannot have access to any part of the pupil’s means for his entertainment or management of his affairs. He is able to make it appear that the tutor-in-law is a minor and a bankrupt and the cautioner “not worth a sixpence” and that the pupil’s person is neglected through his want of access to his fortune and his affairs going to ruin, the tenants and others liable to him in payment becoming insolvent and refusing to answer and obey the petitioner. The estate of Mr John Philp is “ane opulent fortaine” and is wrongly intromitted with by Lord Lindores, who seized upon it for payment of Mr Philp’s fine, of which he had a gift. It is represented, as a rational expedient for the good of the pupil’s person and his interest, that his person be sequestrated and put in the custody of some person whom the Lords shall think fit, that the tutor-in-law and his accomplices may not have such access as to impose upon him in the choice of his curators, he being past thirteen years of age; and the petitioner is content that the pupil’s estate, particularly the rents of the lands of Ormestone and others belonging to Mr John Philp, be also sequestrated and intromitted with by any whom the Lords shall nominate and who shall find sufficient caution and look after his entertainment and education and account with petitioner for what he has disbursed and reimburse him. The Lords ordain John Philp to be put in the hands of Sir Alexander Gibson of Pentland, one of the Clerks of Session, until he choose his curators, and appoint the curators, when chosen, to make payment to the petitioner of what he has disbursed on John Philp’s account.
7 May 1690, Edinburgh
..Petition by John Philp, son of the deceased David Philp, merchant in Edinburgh, as Adam Mastertoune of Grange, his tutor-dative, craving a warrant to a committee of the Council to break open "two sealled pocks" in the hands of the clerks. The Lords add Lord Cardross, Sir James Montgomery of Skelmorley and the Laird of Broadie to the former committee (any two to be a quorum) appointed for opening the bags and inventorying the papers belonging to the petitioner.
The Register of the Privy Council of Scotland
Evan Whyte Melville Balfour-Melville(ed)
Vol XV, Third Series, 1690
pp 119-20, 234
HMSO
Edinburgh, 1967
The Records of the Parliaments of Scotland
19 July 1690
Petition for John Philip and Adam Masterton of Grange
To his grace their majesties' high commissioner and the three estates of parliament, John Philip, nephew and heir to the deceased Mr John Philip, minister at Queensferry, and Adam Masterton of Grange, his tutor.
Humbly shows,
That upon 15 March 1683 there was a decreet pronounced by the late privy council against the said Mr John Philip, whereby, for one few scandalous words and which were only proven by Theodore Montgomery and Captain Kennedy in Ayr, men of ill fame and most suspect, the said Mr John was fined in £2,000 sterling, payable within the space of 15 days, under the pain of being processed to death; and was sentenced to be perpetual prisoner in the Bass, where he died through extreme grief and great hardship. And that the said Mr John paid £500 sterling of that fine to Sir Adam Blair of Carberry, and for the remainder of the fine the said Mr John's lands were first adjudged and then gifted to [John Leslie], lord Lindores, who at present possesses the same. And seeing that by the Claim of Right it is provided that the imposing of extraordinary fines is contrary to law and such fines should be considered and the damaged parties should be redressed, and also seeing it is known to various members of the honourable parliament that your petitioner is an orphan and destitute of all means of livelihood, and that the said Lord Lindores, without any just right and title, does possess the lands of Ormiston and others now pertaining to the petitioner as heir to his uncle,
May it therefore please your grace and lords to call for the said decreet of council and grounds thereof, and, upon consideration of the same, to reduce and rescind the said decreet with the gift and adjudication and all that has followed thereon. And at the least that your grace and lords will be pleased to remit your petitioner's case to the commission or committee of parliament for fines to be considered by them, with power to them upon finding of the verity of the premises to grant warrant for possessing your petitioner in his uncle's lands and estate, and also appointing them to report their opinion to your grace and lords or to this or the next session of parliament. And, in the meantime, to grant warrant to cite the Lord Lindores, the donator, to the said adjudication on six days' warning.
And your petitioner shall ever pray, etc., Adam Masterton
Their majesties' high commissioner and the estates of parliament do remit to the commission appointed for fines and forfeitures to consider this petition and to report to the next session of this or any other ensuing parliament.
[William Lindsay, earl of] Crawford, president
Edinburgh, 30 July 1690
The commission appointed for fines and forfeitures, having heard the case, do grant to the pursuer as apparent heir to Mr John Philip against the Lord Lindores upon actuation of 15 days to compear before the said committee, to the effect the fine imposed on the deceased Mr John Philip and dispenses following thereupon may not burden the lands which did belong to the said Mr John Philip to grant to his apparent heir.
Crawford, president
The Records of the Parliaments of Scotland to 1707
K.M. Brown et al eds
St Andrews, 2007
A1690/4/31.
www.rps.ac.uk
Date accessed: 2 August 2008.
Register of the Privy Council of Scotland
Vol XVI, Third Series. 1690-91.
7 July 1691, Edinburgh
“Anent a petitione given in to the Lords of their Majesties Privy Councell be Adam Mastertoune of Grainge, sheuing that the petitioner being curator sine quo non to John Philp, son and air served and retoured to David Philp, his father, and to the deceast Mr. John Philp, minister at Queensferrie, his uncle, and the said Mr. John Philp being seized upon and incarcerat for some words spoken be him against the late King James, then Duke of York, and at that tyme the said Mr. John being tutor in law to the said John Philp, his nephew, and having the custody of all his wrytes and evident, and the hail wrytes belonging to the said Mr. John and his said nephew, being seized upon by the Lord Lindoirs, were sent over to the Privy Councell.
And now the supplicant being stated in the circumstances of ane curator and lying under the necessity of doing exact diligence for the good of his puple, necessare it is that the hail wrytes and evident belonging to the said pupil his estate, aither personall or reall, aither as representing his father or uncle, be delivered up to the petitioner as curator to be made use [of] be him by the petitioner for his advantadge; and trew it is that the wrytes and evident belonging to the pupils estate are in the custody and keeping of their Lordships clerk and that ther is nothing wanting touardstheir delivering therof to the petitioner as curator forsaid but their Lordships speciall warrand for that effect. And therefore humbly craving the saids Lords to ordaine their Lordships clerks of Councell to delyver up to the petitioner such wrytes and evident as they have which doe concerne the pupils fortune, upon his receipt to be granted by him to them therefore, as the said petitione bears. The said Lords of their Majesties Privy Councell having considered the above petitione given in be Adam Mastertoune of Grainge, they grant the desire therof and ordaines the clerks of Councell to delyver up to the petitioner such wrytes and evident as they have which doe concerne the petitioners pupils fortune, upon his receipt to be granted by him therefore to the saids clerks.”
The Register of the Privy Council of Scotland
Evan Whyte Melville Balfour-Melville(ed)
Vol XVI, Third Series, 1690-91
pp 407-408
HM General Register House
Edinburgh, 1967
Bamff Charters
A.D. 1232-1703
5 Feb 1692, Edinburgh
DISCHARGE BY SIR DAVID THRIEPLAND of Fingask to James Ramsay, fiar of Bamff, for 6,000 merks of tocher : 5th February 1692. (Vernacular) Paper.
DISCHARGE by Sir David Thriepland of Fingask, knight and baronet, to James Ramsay, fiar of Bamff, for 6,000 merks which the said James promised to pay as tocher with his daughter Elizabeth to Sir Patrick Thriepland, the discharger's father, now deceased, and has now paid to the said Sir David, as having right thereto by his father's testament and his office of executry. The deed is written by James Drummond, servitor to James Hay of Carribber. W.S,, and dated at Edinburgh, 5th February 1692 ; witnesses, George Drummond of Blair, James Hay of Carribber, Adam Mastertoun of Grange, and the said James Drummond. [Signed] " Da. Threipland " ; and by the witnesses.
Bamff Charters
A.D. 1232-1703
Sir James H. Ramsay (ed)
p 353
Oxford University Press
1915