Act, 13 March 1701(pm), Edinburgh

Procedure, 30 December 1701, Edinburgh

Eodem Die [13 March 1701] post Merediem

D1701/3/211

Act

Anent the petition given in and presented to the Lords of His majesties privie Councill by James Macabine Gairdner in Glenbucket William Gordon in Easter Bucket Robert Smith in Balnaglack Robert Couts in Rippachie William Brodie in Balnacraig Christian Gibben in East2 Bucket John M’Kock in Terrentoule James Smith in Glenkindie John Braikner servitor to Glenbucket James Ray Merchant Arthuar Mores in Balnacraig James Gordon in Dauch of Carensie and John Stewart servitor to Assuandlie Humbly Shewing That upon Citations given to each of the petitioners by vertue of Councill Letters raised at the instance of Alexander Strauchan of Glenkindie James Menzies Tutor of Weem and Alexander Gordon of Campbell against the severall persons therin named The petitioners cam from their oune houses wpon the tuenty eight day of December last in order to appear before the saids Lords And depone on what should be admitted to their oaths (And they were non of the witneses for whom the persewars sought protection) Have bein along time at this place and being all poor Laubourers of the Ground neir fouscore miles distant from their oune houses Cannot be in equitie desired to attend any longer seeing the seed time is approaching Their affairs at home altogither neglected and they much straitned for mentinance wherby their ruine most inevitablie Follow Except the saids Lords Immediatly provided a remedie by ordering them instantly to be examined or permitted by their Lordships to depairt Home And by ordering the said persewars Conjunctly and severally to pay each of the petitioners their expenses at eight shilling per diem there being sixtie eight dayes alreadie past and at least fyve dayes to be allocated for their home goeing which at eight shilling per day being the least that ever was alloued to any witneses Amounting to tuenty nyn pund four shilling scots money to each of the petitioners on the six day of March instant Therfore Craveing the saids Lords to consider the premises and the petitioners sad condition and strait in this season of the year and aither ordain the petitioners instantly to be examined or otherwayes that their Lordships would allow Alexander Strauchan James Menzies and Alexander Gordon Conjucntlie and severally or aither of them as their Lordships shall think proper To make payment to them and each of them of their saids expenses at eight shilling per diem for the saids seventie three dayes ammounting to tuenty nyn pund four shilling per peice As allso to allow the petitioners and Decerne them in the expenses of the said petition and act if any should be extracted therupon Conforme to the dues therof And farder to Decerne them in the expenses of the said petition and act if any should be extracted therupon Conforme to the fues therof And farder to Decerne them to pay to the petitionrs what their Lordships shall think fitt for each day the saids expenses shall happen to be unopayed And to grant warrant for Letters of Horning for all these expenses As the said petition bears The Lords of his Majesties privie Councill haveing considered the above petition given into them for the witneses abovenamed Cited in the proces at the instance of Alexander Strauchan of Glenkindie Captain James Menzies Tutor3 of Weem and Alexander Gordon younger of Campbell Against […] Cruickshanks and others with the Citations given to their Respective witneses They heirby Decerne and ordain the saids persewars equally amongst them to make payment of the saids witnesses their expenses from the […] day of […] to the […] day of […] at eight shilling scots per diem to each man And the saids Lords Declares that whatsoever is payed by aither of the persewars to any of the saids witneses shall be defaiked of the first and of the soumes heirby Decerned And ordains Letters of horning to be direct heirupon against the saids persewars for payment of the saids expenses heirby Decerned upon Fyftein dayes and others neidfull to pass heiron in forme as effeirs And the Councill DEclares any tuo of the Comitie in the said proces to be a sufficient quorum

Eodem Die [13 March 1701] post Merediem

D1701/3/211

Act

Anent the petition given in and presented to the Lords of His majesties privie Councill by James Macabine Gairdner in Glenbucket William Gordon in Easter Bucket Robert Smith in Balnaglack Robert Couts in Rippachie William Brodie in Balnacraig Christian Gibben in East2 Bucket John M’Kock in Terrentoule James Smith in Glenkindie John Braikner servitor to Glenbucket James Ray Merchant Arthuar Mores in Balnacraig James Gordon in Dauch of Carensie and John Stewart servitor to Assuandlie Humbly Shewing That upon Citations given to each of the petitioners by vertue of Councill Letters raised at the instance of Alexander Strauchan of Glenkindie James Menzies Tutor of Weem and Alexander Gordon of Campbell against the severall persons therin named The petitioners cam from their oune houses wpon the tuenty eight day of December last in order to appear before the saids Lords And depone on what should be admitted to their oaths (And they were non of the witneses for whom the persewars sought protection) Have bein along time at this place and being all poor Laubourers of the Ground neir fouscore miles distant from their oune houses Cannot be in equitie desired to attend any longer seeing the seed time is approaching Their affairs at home altogither neglected and they much straitned for mentinance wherby their ruine most inevitablie Follow Except the saids Lords Immediatly provided a remedie by ordering them instantly to be examined or permitted by their Lordships to depairt Home And by ordering the said persewars Conjunctly and severally to pay each of the petitioners their expenses at eight shilling per diem there being sixtie eight dayes alreadie past and at least fyve dayes to be allocated for their home goeing which at eight shilling per day being the least that ever was alloued to any witneses Amounting to tuenty nyn pund four shilling scots money to each of the petitioners on the six day of March instant Therfore Craveing the saids Lords to consider the premises and the petitioners sad condition and strait in this season of the year and aither ordain the petitioners instantly to be examined or otherwayes that their Lordships would allow Alexander Strauchan James Menzies and Alexander Gordon Conjucntlie and severally or aither of them as their Lordships shall think proper To make payment to them and each of them of their saids expenses at eight shilling per diem for the saids seventie three dayes ammounting to tuenty nyn pund four shilling per peice As allso to allow the petitioners and Decerne them in the expenses of the said petition and act if any should be extracted therupon Conforme to the dues therof And farder to Decerne them in the expenses of the said petition and act if any should be extracted therupon Conforme to the fues therof And farder to Decerne them to pay to the petitionrs what their Lordships shall think fitt for each day the saids expenses shall happen to be unopayed And to grant warrant for Letters of Horning for all these expenses As the said petition bears The Lords of his Majesties privie Councill haveing considered the above petition given into them for the witneses abovenamed Cited in the proces at the instance of Alexander Strauchan of Glenkindie Captain James Menzies Tutor3 of Weem and Alexander Gordon younger of Campbell Against […] Cruickshanks and others with the Citations given to their Respective witneses They heirby Decerne and ordain the saids persewars equally amongst them to make payment of the saids witnesses their expenses from the […] day of […] to the […] day of […] at eight shilling scots per diem to each man And the saids Lords Declares that whatsoever is payed by aither of the persewars to any of the saids witneses shall be defaiked of the first and of the soumes heirby Decerned And ordains Letters of horning to be direct heirupon against the saids persewars for payment of the saids expenses heirby Decerned upon Fyftein dayes and others neidfull to pass heiron in forme as effeirs And the Councill DEclares any tuo of the Comitie in the said proces to be a sufficient quorum

1. NRS, PC2/28, 70r-71r.

2. One illegible word scored out here.

3. Insertion. The word ‘younger’ scored out.

1. NRS, PC2/28, 70r-71r.

2. One illegible word scored out here.

3. Insertion. The word ‘younger’ scored out.