Act, 21 April 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh the Tuenty First Day off Apryll Jaj vjc Nyntie tuo years

A1692/4/301

Act

Act James Malcolme declareing a bond Null

Anent the petitione Given in to the Lords of there Majestyes privie Councill be James Malcome sone to the deceist John Malcome of Balbedie Shewing That the petitioner being with the late viscount of Dundee in the Highlands And haveing Embraced in due tyme there majesties most gracious Indemnitie and being Lykewayes putt under Cautione for his peaceable behaviour And the petitioners elder brothers In whose hands his small patrimonie Lyeth haveing then become Cautione for him He doeth now upon pretext of the said bond of Cautionrie absolutely refuse to pay or satisfie the petitioner any pairt of it Notwithstanding that the petitioner hath no other stock to aliment or entertain himself on And he haveing taken the oath of alleadgeance to there Majesties And being unable by reasone of wounds in his hands and armes to goe about any Imployment for a Lyvelyhood Farr Less to disturb the peace will be in great necessitie If his brother Continow to refuse to ansuer him of his oune And therefor Craveing that there Lordships would be pleased to take the petitioners case to there Consideratione And to order the giveing up his bond of Cautionrie that so his Cautioner may have no pretext to stopt or shift the payeing of his patrimonie, And that in respect the petitioner hath taken the oath of alleadgeance to there Majestyes As the said petitione bears The saids Lords of there majestyes privie Councill haveing considered this petitione given in to them be the above James Malcome and the Clerks of Councill haveing Informed that there is no such bond as the above bond of Cautionrie in there hands And that the petitioner conceaves the bond wes taken by Major Generall Mckay The Councill declares the said bond to be Null And gives order and warrand to the Clerks of Councill or any other persones In whose hands the said bond may happen at any tyme hereafter to be found, to delyver up the same to the petitioner

At Edinburgh 21 April 1692

A1692/4/301

Act

Act James for Malcolm declaring a bond Null

Concerning the petition given in to the lords of their majesties privy council by James Malcolm, son to the deceased John Malcolm of Balbedie, showing That the petitioner being with the late viscount of Dundee in the Highlands and having embraced in due time their majesties most gracious indemnity and being likewise put under caution for his peaceable behaviour and the petitioner’s elder brothers in whose hands his small patrimony lies having then become caution for him he does now upon pretext of the said bond of caution absolutely refuse to pay or satisfy the petitioner any part of it notwithstanding that the petitioner has no other stock to aliment or entertain himself on, and he having taken the oath of allegiance to their majesties and being unable by reason of wounds in his hands and arms to go about any employment for a livelihood far less to disturb the peace will be in great necessity if his brother continues to refuse to answer him of his own, and therefore craving that their lordships would be pleased to take the petitioner’s case to their consideration and to order the giving up his bond of caution that so his cautioner may have no pretext to stop or shift the paying of his patrimony, and that in respect the petitioner has taken the oath of allegiance to their majesties as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above James Malcolm and the clerks of council having informed that there is no such bond as the above bond of cautionry in their hands, and that the petitioner conceives the bond was taken by Major General Mackay, the council declares the said bond to be null and gives order and warrant to the clerks of council, or any other persons in whose hands the said bond may happen at any time hereafter, to be found, to delyver up the same to the petitioner.

1. PC1/48, 149.

1. PC1/48, 149.