Act, 22 July 1697, Edinburgh

Act, 6 October 1697, Edinburgh

Att Edinburgh the twentie two day of Jully Jaj vic nyntie seven yeirs

D1697/7/171

Act

Act of Absolvitor Ensigne Livingstowne

Anent the petitione given in to The Lords of his majesties privy Counsell by Ensigne James Livingstowne Shewing That wher in the groundles complaint given in against the petitioner at the instance of the Commissioners of the Swpplie of the Stewartie of Kirkcudbright for alleadged exacting more qwartering money then was allowed by act of parliament And ther Lordships haveing remitted to ane Committie to consider the instructiones of the Complaint And the persewars being Consciows of the callumniowsenes of ther complaint And that they would certainly Swccumb in the probatione of ther growndles alleadgeances (2they have but Litle wrged the meeting of the said Comitie Especiallie Considering that by Law the petitioner could have qwartered Fourtie nyn Souldiers upon the Stewartie for the Cess resting by the collector And he only exacted qwartering money for threttein foot Souldiers and Six Dragownes and himself which he had dayly upon the place And wherof ther is as yet Some of the said rydeing money impayed as will appeare by the memoriall therwith prodwced And therfore humbly craveing ther Lordships would be pleased to ordaine the Commissioners that are persewars to refownd his expensses in attending the foirsaid malicious perswite And assoillzea the petitioner from the Complaint As the said petitione bears Which petitione being read in presence of the saids Lords of his majesties privie Counsell (3They by ther deliverance theron of the date the Eight of Jwlly instant appointed the persewars in the actione intented before ther Lordships against the said Ensigne to insist therin betwixt and ane certaine day now bypast with certificatione to the saids persewars if they did not insist betuixt and the said day The Cowncell would assoillzea the Ensigne And allow him to returne to his post And the said petitione being this day (efter the day assigned to the persewars to insist was elapsed) againe read And they haveing considered the Samen with ther delyverance theron of the date the Eight of Jullie instant They have assoillzed And heirby Assoillzies the petitioner ab hac instantia from the lybell raised at the instance of The Commissioners of Supply within the Stewartrie of Kirkcudbright befor the privie Counsell against him And heirby declairs him not lyable to answer therto untill he be againe cited upon a new lybell for that effect And allowes him to returne to his post at Fortwilliam

Att Edinburgh the twentie two day of Jully Jaj vic nyntie seven yeirs

D1697/7/171

Act

Act of Absolvitor Ensigne Livingstowne

Anent the petitione given in to The Lords of his majesties privy Counsell by Ensigne James Livingstowne Shewing That wher in the groundles complaint given in against the petitioner at the instance of the Commissioners of the Swpplie of the Stewartie of Kirkcudbright for alleadged exacting more qwartering money then was allowed by act of parliament And ther Lordships haveing remitted to ane Committie to consider the instructiones of the Complaint And the persewars being Consciows of the callumniowsenes of ther complaint And that they would certainly Swccumb in the probatione of ther growndles alleadgeances (2they have but Litle wrged the meeting of the said Comitie Especiallie Considering that by Law the petitioner could have qwartered Fourtie nyn Souldiers upon the Stewartie for the Cess resting by the collector And he only exacted qwartering money for threttein foot Souldiers and Six Dragownes and himself which he had dayly upon the place And wherof ther is as yet Some of the said rydeing money impayed as will appeare by the memoriall therwith prodwced And therfore humbly craveing ther Lordships would be pleased to ordaine the Commissioners that are persewars to refownd his expensses in attending the foirsaid malicious perswite And assoillzea the petitioner from the Complaint As the said petitione bears Which petitione being read in presence of the saids Lords of his majesties privie Counsell (3They by ther deliverance theron of the date the Eight of Jwlly instant appointed the persewars in the actione intented before ther Lordships against the said Ensigne to insist therin betwixt and ane certaine day now bypast with certificatione to the saids persewars if they did not insist betuixt and the said day The Cowncell would assoillzea the Ensigne And allow him to returne to his post And the said petitione being this day (efter the day assigned to the persewars to insist was elapsed) againe read And they haveing considered the Samen with ther delyverance theron of the date the Eight of Jullie instant They have assoillzed And heirby Assoillzies the petitioner ab hac instantia from the lybell raised at the instance of The Commissioners of Supply within the Stewartrie of Kirkcudbright befor the privie Counsell against him And heirby declairs him not lyable to answer therto untill he be againe cited upon a new lybell for that effect And allowes him to returne to his post at Fortwilliam

1. NRS, PC2/27, 9r-9v.

2. Closing bracket missing.

3. Closing bracket missing.

1. NRS, PC2/27, 9r-9v.

2. Closing bracket missing.

3. Closing bracket missing.