Act, 7 March 1695, Edinburgh

Warrant, 31 December 1695, Edinburgh

Edinburgh Thursday the 7th March 1695 ante meridiem

D1695/3/41

Act

Act Colquhoune contra The Land of Luss

Anent the petition given in to the Lords of his Majesties privy Councill be Captain James Colquhoune in his majesties foot guards Shewing That quher the petitioner being appointed for getting up recruits and haveing taken into his majesties Service severall persones liveing upon the Laird of Luss land with all the care and precautione Imaginable not give any Just offence and alse regullarly as possible he could and with the express knowledge and Consent of the heritors Sir Euphra Colquhoune whose Consent is therof of the greater Importancie in this matter because these persones being upon Luss ground in a Highland Countrey and being vagabounds and Irregullar he was Lyable for them, yet nevertheless the saids Lords upon ane application by some privat partie whose intrest the petitioner does not know have been pleased to appoint the magistrats of Dumbartone to take tryall anent the maner of engaging of the saids persones. as to which the petitioner does with all humulity Represent that the magistrats of Dumbartone are nowayes fitt persones in that matter seing especially the heritor who best knows the Conditione of the persons and maner of engageing of them has Consented and the magistrats of small burghs are Comonly a litle prejudicat against the officers Imployed for recruits and if the saids persons have any Just reasones to object ther objections may be heard before that Comittie of ther oun number appointed for that effect seing they most be transported from Leith and Consequently be brought hither, And Therfore Humbly Craveing the saids Lords to Ordaine a partie of the Garison of Dumbarton to bring in the saids persones hither in order to transportation and to Discharge the Magistrats of Dumbartone in the mean time from medling in the said matter as the petitione bears The Lords of his Majesties privy Councill Having Considered this petition given into them be the above Captaine James Colquhoune They hereby Ordaine the Laird of Luss To Cause Transport the persones seized by his warrand and first put in the Castle and therafter in the Tolbooth of Dumbartone by the petitioner, from the said Tolbooth to the Tolbooth of Edinburgh and that betwixt and the […] day of […] ther to remaine till ther cace be tryed be the Committie of privy Councill anent Souldiers and deserters And Ordaines the magistrats of Dumbartone to deliver the saids thrie persones to the Laird of Luss, and the magistrats of Edinburgh and keeper of their Tolbooth to receive them from him, The said Laird of Luss before extracting heirof giveing bond and finding suficient Cautione acted in the books of privy Councill to the effect forsaid and Recalls the Commissione granted be the saids Lords upon the twentie Eight of Febraury Last to the Lairds of Ardcaple and Ketloch the present provest of Dumbartone and others for tryeing of this affair in the Countrey And Discharges the Commissioners therby appointed to proceid therin.

Edinburgh Thursday the 7th March 1695 ante meridiem

D1695/3/41

Act

Act Colquhoune contra The Land of Luss

Anent the petition given in to the Lords of his Majesties privy Councill be Captain James Colquhoune in his majesties foot guards Shewing That quher the petitioner being appointed for getting up recruits and haveing taken into his majesties Service severall persones liveing upon the Laird of Luss land with all the care and precautione Imaginable not give any Just offence and alse regullarly as possible he could and with the express knowledge and Consent of the heritors Sir Euphra Colquhoune whose Consent is therof of the greater Importancie in this matter because these persones being upon Luss ground in a Highland Countrey and being vagabounds and Irregullar he was Lyable for them, yet nevertheless the saids Lords upon ane application by some privat partie whose intrest the petitioner does not know have been pleased to appoint the magistrats of Dumbartone to take tryall anent the maner of engaging of the saids persones. as to which the petitioner does with all humulity Represent that the magistrats of Dumbartone are nowayes fitt persones in that matter seing especially the heritor who best knows the Conditione of the persons and maner of engageing of them has Consented and the magistrats of small burghs are Comonly a litle prejudicat against the officers Imployed for recruits and if the saids persons have any Just reasones to object ther objections may be heard before that Comittie of ther oun number appointed for that effect seing they most be transported from Leith and Consequently be brought hither, And Therfore Humbly Craveing the saids Lords to Ordaine a partie of the Garison of Dumbarton to bring in the saids persones hither in order to transportation and to Discharge the Magistrats of Dumbartone in the mean time from medling in the said matter as the petitione bears The Lords of his Majesties privy Councill Having Considered this petition given into them be the above Captaine James Colquhoune They hereby Ordaine the Laird of Luss To Cause Transport the persones seized by his warrand and first put in the Castle and therafter in the Tolbooth of Dumbartone by the petitioner, from the said Tolbooth to the Tolbooth of Edinburgh and that betwixt and the […] day of […] ther to remaine till ther cace be tryed be the Committie of privy Councill anent Souldiers and deserters And Ordaines the magistrats of Dumbartone to deliver the saids thrie persones to the Laird of Luss, and the magistrats of Edinburgh and keeper of their Tolbooth to receive them from him, The said Laird of Luss before extracting heirof giveing bond and finding suficient Cautione acted in the books of privy Councill to the effect forsaid and Recalls the Commissione granted be the saids Lords upon the twentie Eight of Febraury Last to the Lairds of Ardcaple and Ketloch the present provest of Dumbartone and others for tryeing of this affair in the Countrey And Discharges the Commissioners therby appointed to proceid therin.

1. NRS, PC2/25, 192r-193r.

1. NRS, PC2/25, 192r-193r.