Act, 9 June 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh the nynth day of Junij Jaj vjc nyntie tuo years

A1692/6/251

Act

Act anent Oliphant of Culleuchars bond

Anent the petitione Given in to the Lords of there majestyes privie Councill be Archibald Napeir of Bankell Shewing That the petitioner being charged at the Instance of there majestyes sollicitor to produce the saids Lords David Oliphant of Culteucher under the pain of Tuo Hundreth pound sterling money Conforme to his bond granted thereanent And sieing it is most nottour and evident And particularly by a missive letter therewith produced to the saids Lords from Mr John Drummond brother german to the Laird of Cultmalundie who is presently a student of the Law at Utright in Holland daitted the eight day of march last directed to David Drummond of Innermay uncle to the said David Oliphant Bearing that the said David is actually in there majestyes service and Carryeing armes in one Collonell Rispatricks his Regiment of foot And is now in Flanders in there majestyes service And therefore Humbly craveing the saids Lords to Consider the premises And that the said David Oliphant of Culteucher For whose appearance The petitioner became baill hade been ever since he went for Holland And still Continues in there majestyes service To ordain the petitioners bond to delyvered up to them And he freed from his said baill or at least to allow the petitioner a Competent tyme to report ane testificat from the Captain of the Company or Collonell of the regiment under whom he serves of his being in there majestyes service And in the mean tyme to discharge the sollicitor to proceed further againest the petitioner As the said petitione bears The Saids Lords of there majestyes privie Councill haveing considered this petitione given in the them be the above Archibald Naper They hereby assigne the First day of August Next to come to the petitioner to produce in there presence ane testificat under the hands of the Captain or Collonell of the Company or regiment That the above David Oliphant of Culteuchar is serving there majestyes in the said regiment And in the mean tyme sists all execution againest both principall and Cautioner upon the above bond untill the said day.

At Edinburgh 9 June 1692

A1692/6/251

Act

Act concerning Oliphant of Culteuchar’s bond

Concerning the petition given in to the lords of their majesties’ privy council by Archibald Napier of Bankell showing that the petitioner, being charged at the instance of their majesties’ solicitor to produce the said lords David Oliphant of Culteucher under the pain of £200 sterling money according to his bond, and seeing it is most notorious and evident, and particularly by a missive letter therewith produced to the said lords from Mr John Drummond full brother of the laird of Cultmalindie who is presently a student of law at Utrecht in Holland dated 8 March last directed to David Drummond of Innermay, uncle to the said David Oliphant, bearing that the said David is actually in their majesties’ service and carrying arms in one Colonel Rispatrick’s regiment of foot and is now in Flanders in their majesties service, and therefore humbly craving the said lords to consider the premises and that the said David Oliphant of Culteucher, for whose appearance the petitioner became bail, had been ever since he went to Holland and still continues in their majesties’ service to ordain the petitioner’s bond to be delivered up to them and he freed from his said bail or at least to allow the petitioner a competent time to report a certificate from the captain of the company or colonel of the regiment under whom he serves of his being in their majesties’ service, and in the meantime to discharge the solicitor to proceed further against the petitioner, as the said petition bears. The said lords of their majesties privy council, having considered this petition given in the them by the above Archibald Napier, they hereby assign 1 August next to come to the petitioner to produce in their presence a certificate under the hands of the captain or colonel of the company or regiment that the above David Oliphant of Culteuchar is serving their majesties in the said regiment and in the meantime sists all execution against both principal and cautioner upon the above bond until the said day.

1. PC1/48, 248-9.

1. PC1/48, 248-9.