Act, 25 February 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh the Tuentie Fyfth Day of Februarij Jaj vjc Nyntie tuo years

A1692/2/1131

Act

Act anent Barclay and Raitt tenents to the Earle of Northesk

Anent the petitione given in to the Lords of there Majestyes privie Counsell be David Earle of Northesk Shewing That where as Captain Denholme and Captain Bruce tuo Captains of the Earle of Levens regiment haveing taken three of the petitioners tennents out of there houses in the night tyme to be souldiers to goe for Flanders without there Consent or takeing one to be souldiers And the petitioner haveing made applicatione to the saids Lords of privie Counsell the other day for ane order to get the saids three persones delyvered back There Lordships were pleased to Recomend Sir Thomas Burnet of Leyes to Enquyre unto the matter and doe in it as he should think fitt And there being tuo of the saids persones viz Frances Rattray and John Raitt considerable tennents And one of them the petitioners ground officer And the other whose name is Robert Keith albeit he be Lykewayes a tennent yet sieing the petitioner is Informed that he uses some tymes the trade of a tinker or horner He is satisfyed that he should away to be a souldier But as to the other tuo persones vis Frances Rattray and John Raitt who are honest substantious tennents haveing houses and familyes and one of them the petitioners ground officer as said is They ought not to be taken away sieing they did not take one to be souldiers and did never consent to goe And it would be a great prejudice to the petitioner to have his tennents thus summarly taken away by force and violence besydes the badnes of the preparative And therefore humbly Craveing that there Lordships would be pleased to order the saids tuo Captains to delyver back to the petitioner the saids tennents Frances Rattray and John Raitt under such a Certificatione as the saids Lords shall think fitt And for that effect to order ane macer to goe aboord of the ships where the saids tuo men are and bring them to the petitioner As the said petitione bears The saids Lords of there majestyes privie Counsell haveing considered this petitione given in to them be the above Earle of Northesk in behalf of the persones abovenamed They hereby ordaine the above Frances Rattray and John Raitt tennents to the said Earle to be brought ashoar And appoints them to be sent to Edinburgh that they may be examined and the mattor tryed befor Sir Thomas Burnet of Leyes To whom the saids Lords have formerly remitted the same That the said Sir Thomas may make his reprot thereof to the Lords of Counsell and recomends to the said Earle of Leven to send the said tuo men ashoar to be examined in maner forsaid

At Edinburgh 25 February 1692

A1692/2/1131

Act

Act concerning Barclay and Raitt, tenants to the earl of Northesk

Concerning the petition given in to the lords of their majesties’ privy council by David [Carnegie], earl of Northesk, showing that whereas Captain Denholme and Captain Bruce, two captains of [David Leslie] the earl of Leven’s regiment, having taken three of the petitioner’s tenants out of their houses in the night-time to be soldiers to go for Flanders without their consent or taking one to be soldiers, and the petitioner having made application to the said lords of privy council the other day for an order to get the said three persons delivered back, there lordships were pleased to recomment Sir Thomas Burnet of Leys to enquire into the matter and do in it as he should think fit. And there being two of the said persons viz Frances Rattray and John Raitt, considerable tenants, and one of them the petitioner’s ground officer, and the other, whose name is Robert Keith, albeit he be likewise a tenant, yet seeing the petitioner is informed that he uses sometimes the trade of a tinker or horner, he is satisfied that he should away to be a soldier, but as to the other two persons viz Frances Rattray and John Raitt, who are honest, substantial tenants having houses and families, and one of them the petitioner’s ground officer as said is, they ought not to be taken away, seeing they did not take on to be soldiers and did never consent to go. And it would be a great prejudice to the petitioner to have his tenants thus summarily taken away by force and violence, besides the badness of the preparative. And therefore humbly craving that their lordships would be pleased to order the said two captains to deliver back to the petitioner the said tenants Frances Rattray and John Raitt under such a certification as the said lords shall think fit, and for that effect to order an macer to go aboard of the ships where the said two men are and bring them to the petitioner, as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above earl of Northesk on behalf of the persons abovenamed, they hereby ordain the above Frances Rattray and John Raitt, tenants to the said earl, to be brought ashore, and appoint them to be sent to Edinburgh that they may be examined and the matter tried before Sir Thomas Burnet of Leys, to whom the said lords have formerly remitted the same, that the said Sir Thomas may make his report thereof to the lords of council. And recommend to the said earl of Leven to send the said two men ashore to be examined in maner foresaid

1. PC1/48, 82-3.

1. PC1/48, 82-3.