Act, 4 July 1704, Edinburgh

Procedure, 19 December 1704, Edinburgh

Att Edinburgh the fourth day of July Jaj vic and four years

D1704/7/21

Act

Act In favours of The Earle of Carnwath and others of the keeping of Sir Thomas Dalziell of Bins

Anent the petition given in and presented to the Lords of Her Majesties privie Councill By Robert Earle of Carnwath, Collonell Thomas Dalziell uncle to the said Earle and Magdalen Dalziell sister German to Sir Thomas Dalziell of Bins, and James Monteith of Oldcathie her husband for her interest. Shewing That where the said Sir Thomas Dalziell of Bins the petitioners friend and near relation is at present, and hes been, for a good time bygone to the petitioners regrett, troubled with a sore disease and distemper, Which does affect and disturb his reason, Wherby he is continuallie exposed to great dangers to his own person by mobbs and others that does trouble him. As also by the force of his disease he is lyable to squander away and delapidat his best and readiest effects as is too nottourly known, And especiallie to seaverall of your Lordships number, Which necessitats the petitioners to make this application to their Lordships in his behalfe. And therfore humbly desireing that for preservation of the said Sir Thomas his person and Estate, And also the publict peace, Their Lordships would authorize the petitioners to take his person into Custodie within his own house at the Bins, for such a Compitent time as their Lordships shall think fitt, untill furder means be used for his recoverie, And to give orders to any of Her Majesties forces to be assistant to the petitioners, for the forsaid end in the way and manner as their Lordships shall this most Convenient. And in the mean time, To authorize the petitioners To imploy a factor for uplifting so much off Sir Thomas his Rents as may be necessar for his susistance, And the imploying doctors and appothicaries, according to the exigence of his present Condition upon Caution to be comptable for what they uplift. As the said petition Bears. The Lords of Her Majesties privie Councill Haveing considered the above petition given into them By Robert Earle of Carnwath, Collonel Thomas Dalziell uncle to the said Earle, and Magdalen Dalziell sister German to Sir Thomas Dalziell of Bins, and James Monteith of Old Cathie her husband for his interest, And the samen being read in their presence. The saids Lords. Doe heirby Authorize and Impower the petitioners to take into Custodie, The person of Sir Thomas Dalziell of Bins, and detaine him within his own house at Bins till furder means be used for his recovery, and furder order of Councill theranent. And Gives order and warrand to the petitioners, To require from time to time ane Souldier or two from the Governour of Blackness, or any other officer haveing Command of Her Majesties forces to affoord the said assistance to the petitioners in keeping and detaining the said Sir Thomas as said is. And Commands and Ordains the said Governour, and nixt Commanding officer there, or other officers forsaid, To give obediance heirunto accordingly And hereby Impowers authorizes and gives warrand to the petitioners to imploy and constitute a factor for uplifting One Thousand merks Scots money of the said Sir Thomas his rents as necessar for his subsistance, and the imploying doctors and appothecaries according to the Exigence of his present condition upon the factors giveing Bond and finding sufficient Caution acted in the Books of privie Councill that he shall be comptable for what he shall uplift of the said Estate.

Att Edinburgh the fourth day of July Jaj vic and four years

D1704/7/21

Act

Act In favours of The Earle of Carnwath and others of the keeping of Sir Thomas Dalziell of Bins

Anent the petition given in and presented to the Lords of Her Majesties privie Councill By Robert Earle of Carnwath, Collonell Thomas Dalziell uncle to the said Earle and Magdalen Dalziell sister German to Sir Thomas Dalziell of Bins, and James Monteith of Oldcathie her husband for her interest. Shewing That where the said Sir Thomas Dalziell of Bins the petitioners friend and near relation is at present, and hes been, for a good time bygone to the petitioners regrett, troubled with a sore disease and distemper, Which does affect and disturb his reason, Wherby he is continuallie exposed to great dangers to his own person by mobbs and others that does trouble him. As also by the force of his disease he is lyable to squander away and delapidat his best and readiest effects as is too nottourly known, And especiallie to seaverall of your Lordships number, Which necessitats the petitioners to make this application to their Lordships in his behalfe. And therfore humbly desireing that for preservation of the said Sir Thomas his person and Estate, And also the publict peace, Their Lordships would authorize the petitioners to take his person into Custodie within his own house at the Bins, for such a Compitent time as their Lordships shall think fitt, untill furder means be used for his recoverie, And to give orders to any of Her Majesties forces to be assistant to the petitioners, for the forsaid end in the way and manner as their Lordships shall this most Convenient. And in the mean time, To authorize the petitioners To imploy a factor for uplifting so much off Sir Thomas his Rents as may be necessar for his susistance, And the imploying doctors and appothicaries, according to the exigence of his present Condition upon Caution to be comptable for what they uplift. As the said petition Bears. The Lords of Her Majesties privie Councill Haveing considered the above petition given into them By Robert Earle of Carnwath, Collonel Thomas Dalziell uncle to the said Earle, and Magdalen Dalziell sister German to Sir Thomas Dalziell of Bins, and James Monteith of Old Cathie her husband for his interest, And the samen being read in their presence. The saids Lords. Doe heirby Authorize and Impower the petitioners to take into Custodie, The person of Sir Thomas Dalziell of Bins, and detaine him within his own house at Bins till furder means be used for his recovery, and furder order of Councill theranent. And Gives order and warrand to the petitioners, To require from time to time ane Souldier or two from the Governour of Blackness, or any other officer haveing Command of Her Majesties forces to affoord the said assistance to the petitioners in keeping and detaining the said Sir Thomas as said is. And Commands and Ordains the said Governour, and nixt Commanding officer there, or other officers forsaid, To give obediance heirunto accordingly And hereby Impowers authorizes and gives warrand to the petitioners to imploy and constitute a factor for uplifting One Thousand merks Scots money of the said Sir Thomas his rents as necessar for his subsistance, and the imploying doctors and appothecaries according to the Exigence of his present condition upon the factors giveing Bond and finding sufficient Caution acted in the Books of privie Councill that he shall be comptable for what he shall uplift of the said Estate.

1. NRS, PC2/28, 287r-288v.

1. NRS, PC2/28, 287r-288v.