Act, 29 April 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh the Tuenty Nynth day of Apryll Jaj vjc Nyntie tuo years

A1692/4/481

Act

Liberation John Mccure

Anent the petitione Given in to the Lords of there Majestyes privie Councill be John Mcure Late quarter maister and pay maister to the earle of Arguylls regiment of foot now prisoner in the tolbooth of the Canongate Shewing That the petitioner dureing the tyme that the said regiment hade no pay Nor subsistance money did upon his private credite borrow and advance for the subsistence of the said regiment Eight Hundreth Eightein pounds threttein shillings Four pence Sterling As is Instructed by wreitt under the Earle and the officers of the said regiment there hands which wes advanced so opportunely and to so good purpose as that when the Regiment brake and threw doun there armes for want of bread in the Earles absence The petitioner by the said advanced Money Did keep them together in there majesties service as is notour to all the officers in the regiment and attested by the Major thereof his declaration subscryved by him upon the Fyfteent day of Maij Jaj vjc and Nyntie which accompt being represented and and Instructed befor there Lordships, There saids Lordships by there delyverance on the fourth of december Jaj vjc and Nyntie Recomended the effair solly to the Lords of theasurie being debursements Laid out as the Earles quarter maister for subsistance and others, And after three moneths attendance at the theasurie There Lordships were pleased to signify That they could not then order his payment till they knew what the hearthmoney and three moneths additionall Cess would extend to, And at length being advysed to uplift the hearthmoney of the shyre of Lanerk he procured Comission for that effect from James Melvill of Cassengray and granted bond to be Comptable for the same so of the wholl effects of the said hearthmoney the soume uplifted be the petitioner and his ten2 substitutes scarce ammounts to Eight Hundreth pounds sterling And there respective salleryes with the petitioners personall Charges being defalked and Considered The free Money will not extend to seven hundreth pounds money forsaid off which the prisoner hes payed in to Cassengray Three Hundreth Fourty six pound threttein shilling Four pence Sterling Conforme to tuo recepts granted to the prisoner for that effect And the prisoner expecting to get retentione in his oune hands He (upon the faith of the act of parliament In favours of the Creditors of the armie and there Lordships forsaid recomendatione in his favours to the theasury) adventured to pay out the soumes receaved by him (which wes short of what wes due to him for his advance in there Majestyes service) to his creditors in the Countrie who hade advanced to him the Money for the Regiment For preventing the Legall diligence which threattened to use againest him The annualrents payed by the prisoner since the advance being Calculate, Current his oune personall charges subcollectors fies and other Incidents besydes his tuo years attendance here to the great dammadge of his affairs at home for want of his personall presence His severe Imprisonement since August Jaj vjc and Nyntie one being all duely considered There will not be of free money Candlemes last Four Hundreth Eighteen pound threttein shillings four pence Sterling due to the petitioner, Yet the said James Melvill without respect thereto Caused Charge the petitioner and his Cautioner the proveist of Glasgow with horning tho it wes found that the publict wes due to the Earle of Argijll and his regiment preceeding the first of Februarij Jaj vjc and Nyntie one seventeen thousand Four hundreth and seventy Eight pound sterling Conforme to Sir Thomas Moncreiffs report to the Lords of theasury thereof, Besydes what is further oweing them since which will be Fyve thousand pounds sterling more And the said Earle being most willing that the prisoner be payed out of the first and readiest of the same Being so seasonably advanced in maner forsaid Cassengray haveing Caption in readienes upon the sixteent day of August last, Caused cast the petitioner in prisone where he hes Lyen since within ane Irksome and Noisome Jayll under a most severe restraint, Far from his Numerous family saddly afflicted with fevers and other sickness whereof some of them have dyde which adds greatly to his distress And Cassengray not being satisfyed with the Improsonement did arreist the prisoners wholl efects in his subfactors hands out of designe (If it hade been in his power) to disappoint the prisoner and his familie even of bread and intirely ruine him And therefore Craveing that there Lordships would be pleased to take the petitioners depolorable case to there Consideration In ordaining him to be sett at Liberty and recomending to the saids Lords of theasurie to pay him in the Remander of his accompts The same with the Instructiones thereof being alreadie revised by the said Sir Thomas, and there Lordships thereupon entered in payment as to ane fourth pairt As the said petitione bears The saids Lords of there Majestyes privie Councill haveing Considered this petition given in to them be the above John Mcure with the ansuers made thereto be the above Mr James Melvill of Cassengray They hereby Give order and warrand to the Majistrates of Edinburgh Bailzies of the Canongate and keeper of the tolbooth thereof To sett the petitioner at Liberty furth of the said tolbooth He first finding sufficience Cautione acted in the books of privie Coucill That he shall make Just compt and reckoning to the above Lords Commissioners of there Majestyes theasurie or the said Mr James Melvill of Cassengray of his Intromissiones with the above hearth money And that he shall make payment of the soumes resting be him upon that accompt In the termes of the Commission granted to him to be one of the subcollectors thereof

At Edinburgh 29 April 1692

A1692/4/481

Act

Liberation of John Mcure

Concerning the petition given in to the lords of their majesties’ privy council by John Mcure, late quartermaster and paymaster to the earl of Argyll’s regiment of foot, now prisoner in the tolbooth of the Canongate, showing that the petitioner during the time that the said regiment had no pay nor subsistence money did upon his private credit borrow and advance for the subsistence of the said regiment eight hundred and eighteen pounds, thirteen shillings and four pence sterling, as is instructed by writ under the earl and the officers of the said regiment their hands, which was advanced so opportunely and to so good purpose as that when the regiment breaked and threw down their arms for want of bread in the earl’s absence, the petitioner by the said advanced money did keep them together in their majesties’ service as is well known to all the officers in the regiment and attested by the major thereof his declaration subscribed by him upon the fifteenth day of May 1690 which account being represented and and instructed before their lordships. Their said lordships by their deliverance on the fourth of December 1690 recommended the affair solely to the lords of treasury being disbursements laid out as the earl’s quartermaster for subsistence and others, and after three months attendance at the treasury their lordships were pleased to signify that they could not then order his payment till they knew what the hearth money and three months additional cess would extend to, and at length being advised to uplift the hearth money of the shire of Lanark he procured commission for that effect from James Melville of Cassingray and granted bond to be accountable for the same so of the whole effects of the said hearth money the sum uplifted be the petitioner and his ten substitutes scarce amounts to eight hundred pounds sterling, and their respective salaries with the petitioner’s personal charges being deducted and considered the free money will not extend to seven hundred pounds money forsaid, of which the prisoner has paid in to Cassingray three hundred and forty six pounds, thirteen shillings and four pence sterling conforming to two receipts granted to the prisoner for that effect, and the prisoner expecting to get retention in his own hands he (upon the faith of the act of parliament in favour of the creditors of the army and their Lordships forsaid recommendation in his favour to the treasury) adventured to pay out the sums received by him (which wes short of what was due to him for his advance in their majesties’ service) to his creditors in the country who had advanced to him the money for the regiment for preventing the legal diligence which threatened to use against him the annual rents paid by the prisoner since the advance being calculated, currently his own personal charges, sub-collectors fees and other incidents, besides his two years’ attendance here to the great damage of his affairs at home for want of his personal presence, his severe imprisonment since August 1691 being all duly considered, there will not be of free money Candlemas last four hundred and eighteen pounds, thirteen shillings and four pence sterling due to the petitioner, Yet the said James Melville without respect thereto caused charge the petitioner, and his cautioner the provost of Glasgow, with horning though it was found that the public was due to the earl of Argyll and his regiment preceding the first of February 1681 seventeen thousand, four hundred and seventy eight pounds sterling, conforming to Sir Thomas Moncrieff’s report to the lords of treasury thereof, besides what is further owing them since which will be five thousand pounds sterling more, and the said earl being most willing that the prisoner be paid out of the first and readiest of the same, being so seasonably advanced in manner forsaid, Cassingray having caption in readiness upon the sixteenth day of August last, caused cast the petitioner in prison where he has lain since within an irksome and noisome jail under a most severe restraint, far from his numerous family sadly afflicted with fevers and other sickness, whereof some of them have died, which adds greatly to his distress And Cassingray not being satisfied with the imprisonment did arrest the prisoner’s whole effects in his subfactors hands out of design (if it had been in his power) to disappoint the prisoner and his family even of bread and entirely ruin him; and therefore craving that their lordships would be pleased to take the petitioner’s deplorable case to their consideration in ordaining him to be set at liberty and recommending to the said lords of treasury to pay him in the remainder of his accounts, the same with the instructions thereof being already revised by the said Sir Thomas, and their lordships thereupon entered in payment as to a fourth part as the said petition bears. The said Lords of their majesties’ privy council having considered this petition given in to them by the above John Mcure, with the answers made thereto by the above Mr James Melville of Cassingray, they hereby give order and warrant to the magistrates of Edinburgh, baillies of the Canongate and keeper of the tolbooth thereof, to set the petitioner at liberty furth of the said tolbooth, he first finding sufficient caution acted in the books of privy council that he shall make just account and reckoning to the above lords commissioners of their majesties’ treasury or the said Mr James Melville of Cassingray of his intromissions with the above hearth money, and that he shall make payment of the sums resting by him upon that account in the terms of the commission granted to him to be one of the sub-collectors thereof.

1. PC1/48, 159-61.

2. This word inserted above the line.

1. PC1/48, 159-61.