NRS, PC12/1695-1697 (box 2) – Inventories of Miscellaneous Boxes

Posted on May 9, 2024 by Philip Ward

NRS, PC12/1695-1697 (box 2) – Inventories of Miscellaneous Boxes

Bundle 1: Bonds of Caution, 14/1/1695-30/12/1695
14/1/1695	Hugh Craig, minister at Galashiels, using gift of stipend to repair kirk
5/2/1695	Mr William Beattie, late baillie of Berlie,¹ utilising collection to build a bridge
19/2/1695	James Carron, skipper in Leith, not to leave the kingdom and compear when called
1/3/1695	James Mories, fencing master in Edinburgh, to live peaceably
1/3/1695	James Du Canton, music master, to live peaceably
1/3/1695	Mr John Wilsone of Spango, to live peaceably
7/3/1695	James Broune, son to Hugh Broune Chirgeon Burgess in Edinburgh, to live peaceably
7/3/1695	Hugh Broune, Chirgeon Burgess in Edinburgh, to live peaceably
11/3/1695	Margaret Duhame, spouse to James Wilsone “prisoner with the turks”, to use money raised for her husband’s ransom for that purpose.
11/3/1695	James Blair, periwig maker in Edinburgh, to live peaceably
12/3/1695	John Lamb, tailor in the water of Leith, to live peaceably. This MS features additional/less usual notes because the cautioner (William Lamb, a weaver in Leith) couldn’t write.
13/3/1695	Mr Thomas Andersone, prisoner [false coining] in the Tolbooth of Edinburgh; “to depairt furth of his majesties Dominiones with the present recruits goeing for fflanders And that I shall never return within the same under the payne of haveing the forsaid sentance of Death already pronounced immediatly and without any delay”
13/3/1695	Nathaniell Gordoune of Gordounstoune, responsibility for receipt of compt books
13/3/1695	John Gullet, vale[t] de Chamber to James Lord Drummond, to live peaceably and compear when summoned under pain of £100 sterling
14/3/1695	William Carmichaell, prisoner [crime unstated] in Edinburgh Tolbooth, to enter into service in Flanders on pain of death if ever returns
14/3/1695	Daniell M^cdonald, footman to James Lord Drummond, to live peaceably and compear when summoned under pain of £100 sterling
14/3/1695	“I Murdoch M^cClain younger of Lochbag doe heerby Bind… that I shall produce the persone of John M^cdougall befor y^e Committie of Councill anent souldiery and deserters att any tyme betuixt and thursday nixt att tuelve of y^e Clock”; Penalty of £200 Scots. An additional bond in the same page made beneath on the same page for ‘the following Friday’.
16/3/1695	Mr James Andersone, writer to his Majestie’s signate, maintenance and education of children
22/3/1695	David Scott of Hadderwick and Patrick Scott (brother), permitted travel to the south of France to recover health, on pain of 5000 Scots merks
25/3/1695	David Craufurd of Drumsay, importation of cattle from Ireland. Three additional documents folded into bond: a note listing signatures of witnesses and cautioner; a letter addressed to Sir Gilbert Elliot, with a black seal, dated 25 March 1695 and signed by Craufurd; a letter addressed to Sir Gilbert Elliot, with a black seal, dated 25 March 1695 and signed by cautioner Lord Bargany.
26/3/1695	Francis Lord Semple, travelling through King’s dominions
27/3/1695	“I James Broune Son to Hugh Broune Chirurgeon Apethecrary in Edinburgh… shall Live peaceably under and with all submissione to the present government”. The cautioner is Mr Thomas Skeen, advocat. Penalty 500 merks.
6/4/1695	“I Andrew Hay second sone to ye deceist Mr Tho: Hay ane of ye Clerks of Councell… shall appear befor the Lords of his Majesties privy Councill whensoever I shall be Called… live peaceably”. The cautioner is his elder brother, John Hay of Alderstoune. Penalty 3000 merks.
11/4/1695	Charles, Earl of Home, agreeing to terms of confinement. A second bond in similar terms dated 23 April 1695 has been added to the bottom of the page.
13/4/1695	Mr Mungo Carnegie, advocat, care and education of the late viscount Arbuthnot’s children
19/4/1695	James Williamsone, prisoner [crime unstated] in the Tolbooth of Edinburgh; liberty to appear when called under £200 sterling
19/4/1695	William Findlaysone, prisoner [crime unstated] in Edinburgh Tolbooth; liberty to appear when called under £200 sterling
19/4/1695	James Williamsone, prisoner [crime unstated] in the Tolbooth of Edinburgh; liberty to appear when called under £200 sterling
29/4/1695	John Lausone, prisoner [false coining] in Edinburgh Tolbooth; to enrol with troops bound for Flanders and not return to his Majesty’s dominions under pain of death sentence already pronounced
2/5/1695	“I Janet Cook laufull Daughter to John Cook tailzeor in Leith & prisoner in the tolbuith yrof for the Sin of adulterie and incest comitted with Patrick Chrystie mariner my brother in Law. Doe by these presents Declair that I am most willing and content to be banished from my native Countrey for ever, being unworthie to Live in a christain Society and I bind enact and oblidge my self never to be seen or found in any place within this kingdome of Scotland after the ffirst² day of Jully³ nixt to come under the highest paynes and punishments that the Law can inflict. In witness whereof (written be James hutcheson nottar publict) I have subscrived these presents att Leith the Second day of Maij Jajvice & Nyntij fyve yeares befor these witnesses the sad John Cook my father Adam paterson indweller in Leith David M^cDugall servitor to William White clerk yr and James Anderson wright yr Ego Jacobus Hutchesone [Latin sentences] J: Hutcheson⁴ Et ego Guilerlinns White [Latin sentences] Whyte Not: ⁵ John Cook witnes⁶ James Anderson witnes⁷ Da: Ndougall witnes adampatersonwitness⁸
5/5/1695 8/5/1695	William Bell, town clerk of Linlithgow, return to office (?)
16/5/1695	Walter Boswell, “Counter Warden of his majesties Mint”, to live peaceably and compear when called
17/5/1695	Sir Patrick Hepburn of Blackcastle, liberty to live peaceably and appear when called by Privy Council
22/5/1695	Archibald Simspone, merchant in Lanerk, permission to collect voluntary uplift for building of a bridge over the Clyde. Cautioner is Robert Hunter.
24/5/1695	“I mr John Monro writer to his majesties Signett hereby bind and obliedge me to present the person of Charles Lermont son to the deceast Robert lermont late bayllie in Edinburgh to Sir James Stewart his majesties Advocat…” Charles to live peaceably in meantime. Penalty £100 sterling
29/5/1695	“I Mr Mathew Mackaile Advocat hereby bind and obleidge me to present the person of Alexander Sandelands my son in law to Sir James Stewart his majesties Advocat. Alexander to live peaceably in meantime. Penalty £100 sterling.
30/5/1695	Alexander Andersone, merchant in Fraserburgh, use of money to repair Fraserburgh harbour
6/6/1695	John M^cmillan, smith and prisoner [crime unstated] in Edinburgh Tolbooth, banishment in exchange for death penalty already pronounced. Penalty for return is death.
20/6/1695 7/7/1695	James Gladstones of Uiatlillie, removal of confinement and to leave peaceably. Penalty 5000 Scots merks.
20/6/1695 30/8/1695	David Bogll of Kelburne and Robert Dicksone of Soribeg, collection of dues
15/7/1695 13/8/1695	Patrick Steuart of Ballachan, liberty and to live peaceably. Penalty £50 sterling.
23/7/1695	George Maxwell, baillie of the regality of Montrose, enaction to present “Archibald Grahame lately Mcgregor of Killinannan prisoner within ye tolbooth of Edinburgh”. Penalty 6000 Scots merks.
25/7/1695 30/7/1695	Charles, Earl of Home, to live peaceably and remain within Berwickshire. Penalty £2000 sterling.
25/7/1695	Alexander Kello, prisoner [crime unstated] in Edinburgh Tolbooth, liberty and to live peaceably. Penalty 1000 Scots merks.
29/7/1695	Sir Eneas Mcphersone, prisoner [crime unstated] in Edinburgh Tolbooth, liberty and to live peaceably. Penalty £100 sterling.
2/8/1695	Quinten Muligane of Glenflinrough, enaction to enable Robert ffergusone lait tennent in Knockman to occupy? lands of his wife, Margaret Rosper, liferentrix of Knockman. Penalty 1000 Scots merks.
7/8/1695	John Lord Ballendin, to live peaceably and compear when called
8/8/1695	Sir Gilbert Kennedie of Girvanmaines, enaction not to cut down trees and to move out of property?
12/8/1695	Captain George Douglas, prisoner [crime unstated] in the Cannongate Tolbooth, liberty from Tolbooth of Edinburgh; to live peaceably and compear when called. Penalty 5000 Scots merks.
13/8/1695	Alexander Steuart, brother to Patrick Steuart of Ballachan, liberty from Tolbooth of Edinburgh; to live peaceably within the confines of Edinburgh and compear when called. Penalty £50 sterling.
15/8/1695	“Wee Samuell Mclelland merchant in Edinburgh & George Adamson writer there Bind and obliedge us to present the person of James Adamson gentleman lately come from ffrance to Sr James Steuart his majesties Advocat how soon and when so ever we shall be required so to doe, And that under the pain of One Thousand pounds Scots…”
19/8/1695	Mr James Borthwick of Stow, construction of a mill
4/9/1695	Mary Rotch, servatrix to the Countess of Seaforth, and Murdoch Mckenzie, servitor to the Earl of Seaforth, liberty under caution to appear when called.
22/10/1695	Hugh Mcguffock of Rusco, quartering and deficiencies in military levy
6/11/1695	Alexander Horsburgh younger of that ilk, use of vacant stipend to fund a bridge
11/11/1695	Henry Caddell in Aberdeen, use of vacant stipends to fulfill tax demands?
27/11/1695	George Cuming, prisoner [crime unstated] in Edinburgh Tolbooth, military service abroad in lieu of death penalty already pronounced
30/11/1695	Sir Eneas Mcphersone, advocat, use of £30 sterling “for transporting my selfe and family to some foraigne Countrie”
5/12/1695	Thomas Nairne of Kirkhill, use of collection in churches to construct a highway in Gourie, Angus
13/12/1695	Christian Park, prisoner [crime unstated] in Edinburgh Tolbooth, accepting banishment in exchange for death penalty already pronounced. Penalty for return is death.
14/12/1695	Thomas Fothringhame of poirie the younger, permission to visit father
18/12/1695	George Dundas, baillie in Queensferry, use of funds to build/finish harbour
30/12/1695	Mr George Arnot, Brother German to the Laird of Woodmylne, use of stipend gift to build a manse

Bundle 2:
2/5/1695	Charter. In Latin. Could see imprint of King William’s signature. Unable to be photographed because very crusty vellum and couldn’t be opened properly without cracking it.
14/5/1696	Signatures of Privy Councillors who have sworn the Oath of Allegience
14/5/1696	“Certificate or Assurance”. Signatures
21/8/1696	Assignation: Margaret Balfour, Lady Rollo to Henry Rollo of Woodsyde; 600 merks; enacted on authority of act dated 18.8.1696 in same bundle
18/8/1696	“Act In favours of The Lady Rollo & her children”; response to petition
18/9/1696	Letters: “The Lady Allardyce & George Allardyce of that ilk her eldest son with Concourse of the kings advocat Against Grahame of Gallengrae” addition “In ex. no witnesses”
15/10/1696	Petition: “Unto the Right Honourable my Lord Heigh Chanceler and the Lords of his majesties privy Counsell the Humble petitione off Cha: murray and particularly laitt Taxmen of the Excyse off mid and east Lowthians and Toune of Edinburgh and Imposition thereof”; discharge of quartering On the reverse: crossed out instruction and then re-written instruction anent councillors’ decision on petition; signed Polwarth.

Bundle 3: Bonds of Caution, 8/1/1696 – 29/12/1696
8/1/1696	“Be it knowen to all men be thes presents Me John forbister burges of the Canongat to become bound oblest and Inacted In the bookes of his Majesties privie Councel Lykas I hereby bind oblers an dInact my selfe of my owne free will and Consent that Iff for hereafter I shall not live peaceable and Amicablie with Jean durhame my Lawfull spouse as becomes husband and wyfe, and that if I shall at ane tyme deal underlie and vutowardle with her by beating strykeing or anie uther maner of way abuseing her, as I have done formerlie. Then and in that caice that I shall be banished his Majesties dominiones [deletion: and be sent as a souldier In his Majesties service to fflanders] never to returne again Lukas per vertue depresents I hereby freelie and sincerlie Consent to the forsaid Banishment [deletion: and sending to fflanders] upon the conditiones forsaids Conseinting thir presents be registered In the bookes of privie Councel to remain therein for preservatione…”
11/1/1696	William Murray, ventiner in Edinburgh and now prisoner; recognition that banished from shires of Edinburgh, Haddington and Linlithgow and that if found within them will be banished to American plantations
24/1/1696	Sir William Wallace of Craigie. liberation; to live peaceably etc; penalty of £1000 sterling for failure to appear before Privy Council when cited
24/1/1696	James Crauford in Greenock, prisoner in Edinburgh Tolbooth; liberation to live peaceably etc; penalty of £100 sterling for failure to appear before Privy Council when cited
10/2/1696	Alexander Irvine of Murthill; promise to stay away from Lady Drum who is caring for Helen Irvine, spouse to Alexander Walker late baillie in Aberdeen and Anna Cumming, spouse to John Watsone merchant burgess of Aberdeen. Penalty of £200 Sterling. A restraining order?
11/2/1696	James McPhersone of Invernd? liberation from Edinburgh Tolbooth; to live peaceably etc; penalty of £100 sterling for failure to appear before Privy Council when cited
14/2/1696	Sir Patrick Maxwell of Sprinkell; liberation from Cannongate Tolbooth; to live peaceably etc; penalty of 6000 Scots merks for failure to appear before Privy Council when cited
22/2/1696	Mr David Houston; Mr William Houston; Mr Alexander Mather, ministers; £10 Sterling paid to them in exchange for agreeing to live peaceably and not contribute to disturbances etc
25/2/1696	Mr Charles Murray of Hadden; use of vacant stipend to repair a church steeple
28/7/1696	George Easone, Treasurer of Dysart; use of vacant stipend to repair school house, church’s bell house and steps
17/3/1696	Alexander Dalmahoy of that ilk; liberation to live peaceably etc; penalty of £20,000 Scots sterling for failure to appear before Privy Council when cited
17/3/1696	John Abercromby, merchant in Edinburgh; liberation from confinement; to live peaceably etc; penalty of £50 sterling for failure to appear before Privy Council when cited
24/3/1696	“Inventor of some bonds delyvered this day at the ryseing of the Councel By my Lord advocate To Sr Gilbert Elliot. 24 March 1696 Bond Walter Borswol Counter warden of the Mint for Phillip Hamiltoune of kilbrachmont penaltie i00^lb Sterl. Bond Mr Mathew M^ccale for Alexander Sandilands penaltie i00^lb Sterl. Bond Samuel M^cclellan and George Adamsone for James Adamsone i00^lb Scotes. Bond Charles farquharsone principall and Alexander Abercrombie penaltie 3000 Mks Bond Mr John Monro for Charles Lermonth” Contemporary label reads: “Inventor off ffyve bonds given by Lo\| Advocate to Sr G. E. this 24 March 1696 after rysing off the Councel”
27/3/1696	Mr James Loues of Merchistoune; liberation from Edinburgh Tolbooth; to live peaceably etc; penalty of £50 sterling for failure to appear before Privy Council when cited
27/3/1696	Patrick Porterfield of Comestoune; liberation from Edinburgh Tolbooth; to live peaceably etc; penalty of £50 sterling for failure to appear before Privy Council when cited
30/3/1696	George Drumond of Blair; liberation from Edinburgh Tolbooth; to live peaceably etc; penalty of £500 sterling for failure to appear before Privy Council when cited
31/3/1696	Hugh Patersone, younger of Bannockburne; liberation on bond/caution of £500 sterling for failure to live peaceably and appear before Privy Council when cited. Contains an extra signature (clerk, Hugh Patterson) certifying who filled up the blanks.
31/3/1696	Sir John Ramsay of Whytehill; libertaion from Canongate Tolbooth on bond/caution of £100 Sterling to live peaceably and appear before Privy Council when cited.
31/3/1696	Adam Inness of Towie; liberation from Canongate Tolbooth on bond/caution of 5000 merks to live peaceably and appear before Privy Council when cited.
3/4/1696	William Johnstoune younger of Grantney; liberation from Canongate Tolbooth on bond/caution of £100 Sterling to live peaceably and appear before Privy Council when cited.
3/4/1696	John Chancelor, merchant and late Baillie of Edinburgh; liberation from Edinburgh Tolbooth on bond/caution of £100 Sterling to live peaceably and appear before Privy Council when cited.
3/4/1696 4/4/1696	John Duklait, provost of Sterling; liberation on bond/caution of £200 Sterling to live peaceably and appear before Privy Council when cited.
7/4/1696	Mr James Adamsone, late minister at Bedrule; recognition that he is forbidden from preaching or acting as a minister in any way, and that he is not allowed in to Edinburgh, on pain of being banished out of Scotland.
9/4/1696	Thomas Fothringhame of Pourie; liberation from Edinburgh Castle on bond/caution of £100 Sterling to live peaceably and appear before Privy Council when cited.
10/4/1696	Mr James Smith, son to Patrick Smith, Advocate; liberation from Canongate Tolbooth on bond/caution of £100 Sterling to live peaceably and appear before Privy Council when cited.
10/4/1696 14/4/1696	Captain Alexander Bruce, prisoner in Edinburgh Tolbooth; liberation on bond/caution of £50 Sterling to live peaceably and appear before Privy Council when cited.
11/4/1696	John Reddoch; liberation on bond/caution of £100 Sterling to live peaceably and appear before Privy Council when cited.
13/4/1696	William Read, baillie of Elie and Thomas Cook, skipper in Elie; use of voluntary church collection to build a harbour at Elie, Fife
13/4/1696	Captain James Maitland; liberation from Canongate Tolbooth on bond/caution of £50 Sterling to live peaceably and appear before Privy Council when cited.
14/4/1696	Captain Charles Straton; liberation on bond/caution of £500 Sterling to live peaceably and appear before Privy Council when cited.
14/4/169	Captain James Pattoune; liberation on bond/caution of £100 Sterling to live peaceably and appear before Privy Council when cited
15/4/1696	Charles, Earl of Home; liberation from Edinburgh Castle on bond/caution of £2000 Sterling to live peaceably and appear before Privy Council when cited.
17/4/1696	Mr James Chalmers, late minister of Killpatrick in Annandale; enaction to leave kingdom/banishment from Scotland on pain of letters of horning
17/4/1696	Andrew Maitland, merchant burgess of Edinburgh, William Ronald, Lorimer burges of Edinburgh, and John Reid, tailor burgess of Edinburgh; assurance that Nathaniel Rankine, skipper in Donnachadie, Ireland will keep the peace on pain of 500 Scots merks There are two notes added on back; “Mr Moncrieff appoynted their cautioners to be receaved as his merchant⁹ George Campbell his man told & also Jo. dal:” “Nath: Rankine should have been bound as principall In this bond but I did not read <insertion: nor process> the bond till given the act was out”
17/4/1696 20/4/1696	David, Viscount Stormonth; liberation from Edinburgh Castle on bond/caution of £1500 Sterling to live peaceably and appear before Privy Council when cited.
	Mr Thomas Wallace of Eldersly; liberation from Edinburgh Tolbooth; promise to leave his majestie’s dominions but not go into France or French king’s dominions
20/4/1696	Mr William Livingstone of Kilsyth; liberation from confinement on bond/caution of £1000 Sterling to live peaceably and appear before Privy Council when cited.
5/5/1696	Sir William Sharp of Scotscraig; liberation on bond/caution of £200 Sterling to live peaceably and appear before Privy Council when cited.
5/5/1696	Sir William Bruce of Kinross; liberation from Edinburgh Castle on bond/caution of £500 Sterling to live peaceably and appear before Privy Council when cited.
5/5/1696	James Cockburne, goldsmith burgess of Edinburgh; liberation from Edinburgh Tolbooth on bond/caution of £500 Sterling to live peaceably and appear before Privy Council when cited.
8/5/1696	Mr Hary Henderson, merchant in Edinburgh; liberation on bond/caution of 1000 Scots merks to live peaceably and appear before Privy Council when cited.
14/5/1696	Master Hugh Rian, prisoner [crime unstated] in Canongate Tolbooth; banishment “from this kingdome to Holland or to any other place belonging to his majesties Allies”
14/5/1696	Patrick Bell, son to Sir John Bell of Hamiltouns ferme; liberation from Edinburgh Tolbooth on bond/caution of 6000 Scots merks to live peaceably and appear before Privy Council when cited.
14/5/1696	Mr Robert Monro, prisoner [crime unstated]; banishment “from this kingdome to Holland or to any other place belonging to his majesties Allies”
16/5/1696	John Adair, Geographer; liberation on bond/caution of 1000 Scots merks to live peaceably and appear before Privy Council when cited.
23/5/1696	Captain Robert Collinsone in Aberdeen; liberation on bond/caution of £100 Sterling to live peaceably and appear before Privy Council when cited.
11/6/1696	Robert Fyfe, son to the deceased Patrick Fyfe, merchant burgess of Edinburgh; liberation on bond/caution of £50 Scots to live peaceably and appear before Privy Council when cited.
13/6/1696	James M^cneill “in the Cruik of Devone”; liberation to appear on the first Thursday of July, on pain of being banished from the kingdom
23/6/1696	Alexander Tait, skipper in Leith; recognition that sentence of banishment “taken off” on bond/caution of £500 Sterling to live peaceably and appear before Privy Council when cited.
26/6/1696	Sir Robert Greirsone of Lagg; liberation from Edinburgh Tolbooth on bond/caution of £1000 Sterling to live peaceably and appear before Privy Council when cited. Signed by Lagg.
27/6/1696	Mr James Adamsone, late minister at Bedrule; liberation on pain of banishment
29/6/1696 3/7/1696	Robert Cruickshank, provost of Aberdeen, Thomas Mitchell, John Alardes, Alexander Ragg and Mr John Johnstoune, baillies of Aberdeen, Alexander Orum, dean of Guild in Aberdeen and James Mylne, Treasurer in Aberdeen: Aberdeen guild permitted to keep arms lately seized in order to serve the government
30/6/1696 1/7/1696	Charles, Earl of Home; promise to behave himself when allowed in to Edinburgh to see to affairs on pain of £2000 Sterling.
21/7/1696	John Simmisone , prisoner [crime unstated] at Dumbarton; death sentence converted to banishment; promise to leave Scotland on pain of death
25/7/1696	James Broune, late servitor to the Laird of Foverane; bond to appear before privy councillors under penalty of £400 Scots
28/7/1696	Andreas Teuchlar “one of the Clerks of the Affrican Company”; enaction to act as factor for Margaret Seatoune, spouse to Edward Callander, son to Edward Callander merhcnat in London; recovery of debts owed to Seatoune.
14/8/1696	John Mann, merchant in Abereroth (Arbroath?); use of vacant stipend
18/8/1696	William Livingstone, brewer “at the back of the Canongat”; promise to appear when cited to answer charges raised by his wife, Euphame Livingstone, “ffor alleadged beatting her and severall other things” on penalty of £100 Sterling
19/8/1696 20/8/1696	Sir William Bruce of Kinross. Bond/caution of £500 Sterling to travel from own house at Kinross to Sterling and back without breach of the peace… A letter is included folded into this bond; “Kinross 20 Aug. 1696 Sir Just now I receaved yours wt ye act for my going to Striveling & bond of caution, wc I have Signed befor James Kennaway & Alexander Smart both my servants, at Kinross date foresaid, and inclosed ye said bons, so signed by me & ye same witnesses, herewith. I am sory the Council has not alowed me to attend my grandchild Sir Will. Hopes affairs as well as my lord Montrosses, being Long in some disorder these tuo years. I am Sr Your humble servant WmBruce”¹⁰
21/9/1696	Thomas Rutherford of Knowsouth and others entered cautioners for the behaviour of William Williamsone and others on pain of 1000 merks
1/10/1696	James Mitchell, baillie of Selkirk “incercerat in the tolbooth of selkirk upon a Caption before the privie Councill as one of the Collectors of the polemoney”; promise to appear before privy councillors on 19 November on pain of 500 Scots merks
14/10/1696	George Broddy of Askleisk; use of vacant stipend to repair church and school
13/11/1696	Sir Gilbert Kennedy of Girvanmaynes; liberation from Edinburgh Tolbooth on bond/caution to leave Sir Thomas Kennedy of Kirkmilor and Robert Blackwood, merchant of Edinburgh, well alone “under the penalty (in caice of my breach) voluntarly to undergoe imprisonement dureing my life And what furder punishment the Lords of his majesties privy Councill shall please to inflict upon me”
19/11/1696	Angus Black, treasurer of Cannongate and David White, kirk treasurer of the Cannongate; use of church door collection to help “distressed persons” affected by recent fire in the Cannongate
4/12/1696	Mr Charles Kay, late minister of Leith; punishment of banishment reduced to a promise not to fulfill any ministerial functions on pain/caution of 500 Scots merks
18/12/1696	James Seatoun of Touch; liberation from Edinburgh Tolbooth on bond/caution of 10,000 Scots merks to remain within the town and appear before Privy Council when cited.
22/12/1696	Mr David Drummond, advocate; liberation from Edinburgh Tolbooth on bond/caution of 3000 Scots merks to live peaceably and appear before Privy Council when cited.
28/12/1696	Andrew Edmonstoun of Ednem; liberation from terms of confinement on bond/caution of £500 Sterling to live peaceably and appear before Privy Council when cited. Receipt of delivered bond dated 7/6/1695 also included. Signed by Edmonstoun.

Bundle 4: Royal letters
16/12/1695	Headed by signature of William R: Master Livingston of Kilsyth to be allowed to return Scotland, but under bail/security [By His Majesties Command: J. Johnstoun]
20/11/1695	Headed by signature of William R: recruits for Flanders regiment [By His Majesties Command: Ja: Ogilvie]
4/5/1696	Headed by signature of William R: proposals for the Militia [By His Majesties Command: Ja: Ogilvie]
4/12/1696	Headed by signature of William R: proposals for the Militia [By His Majesties Command: Ja: Ogilvie]
“the 18/28 day of June 1696 And of our reign the 8th year”	Headed by signature of William R: “It is our will and pleasure and we do hereby Authorise and require you to issue forth a Proclamation in our name Ordering a further Continuance of the adjournment of our Parliament…” [By His Majesties Command Rob: Pringle]
4/4/1696	“William R”¹¹ Right trusty and right well beloved Cousin and Councellor, Right trusty and entirely beloved Cousin and Councellor, Right trusty and well beloved Cousins and Councellors, Right trusty and well beloved Councellors and Trusty and well beloved Councellors We greet you well. We are fully informed that from the time you was acquainted with that wicked and horrid design of Assassinating our Royall person and Invading our dominions, you have with great care and diligence put that our ancient Kingdom in a posture of defence, And that, by Giveing the necessary Orders and Advertisment to the Militia and fenceable men, and by securing the Persons of those that are disaffected and by Taking such other Measures as are most propper for Rendering the designs of our Enemies ineffectuall of all which we do approve, and return you our hearty thanks for the same. We have considered the Representation made to us by the Lord Murray our Secretary by your of your design of Entering into an Association for the Defence of our Person and Government, And we have also considered the Draught thereof, and we are Satisfied with your Proceedings theranent you having acted with due Regaird to our Prerogative in not coming to a Conclusion therein till we was acquainted; We do allow you to proceed in it, or not, as you shall find most propper and convenient, And we do likewise permit the rest of our good Subjects to follow your Example and fform, We being convinced that your Design in this matter is to Encourage those who are well affected by Giving them the Opportunity upon this occasion volunarily to give us new Assurances of their ffidelity and Loyalty, and that they detest and aborr the foresaids wicked designs and Practices, And as we neither do intend nor Expect from you, to give any of our Subjects unnecessary Trouble, so we are confident that you will omit nothing that is requisite for the Preservation of our Government and Peace of the Kingdom and so we bid you heartily ffarewell. Given at our Court at Kensington the 4th day of Aprile 1696 and of our Reign the 7th year By His Majesties Command Ja: Ogilvie”
4/5/1696	Headed by signature of William R: Lairds of McIntosh and Keppoch. [By His Majesties Command: Ja: Ogilvie]
4/5/1696	Headed by signature of William R: Archibald Cockburn of Langtoun younger to be confined to Edinburgh [By His Majesties Command: G Murray]
18/12/1696	Headed by signature of William R: Security of kingdom; canon. [By His Majesties Command: Tullibardine]
15/1/1696	Headed by signature of William R: Liberty for Sir William Bruce of Kinross [By His Majesties Command: James Johnstoun]
14/1/1696	Headed by signature of William R: John Lord Drumcairn to be confined to his home rather than prison because of his health [By His Majesties Command: James Johnstoun
25/2/1696	Headed by signature of William R: assassination plot and intended invasion from France; kingdom to be put in posture of defence etc [By His Majesties Command: G Murray]
15/1/1696	Headed by signature of William R: George, duke of Gordon to be liberated [By His Majesties Command: J Johnstoun]
26/11/1696	Headed by signature of William R: extending adjournment of Parliament; requests proclamation [By His Majesties Command: Ja Ogilvie]
1/12/1696	Headed by signature of William R: Military preparations in expectation of disorder/invasion [By His Majesties Command: Ja: Ogilvie]
28/7/1696	Headed by signature of William R: extending adjournment of Parliament; requests proclamation [By His Majesties Command: Robert Pringle]
2/3/1696	Headed by signature of William R: Secretary John Lord Murray to attend Privy Councils in Scotland [By His Majesties Command: Ja: Ogilvie]
2/3/1696	Headed by signature of William R: Military preparations [By His Majesties Command: Ja: Ogilvie]
15/1/1696	Headed by signature of William R: Liberty for Sir William Sharp of Scotscraig on sufficient bail/caution [By His Majesties Command: J Johnstoun]
12/3/1696	Headed by signature of William R: Extending adjournment of Parliament; requests proclamation [By His Majesties Command: Ja: Ogilvie]
15/2/1696	Headed by signature of William R: Liberty for Sir Patrick Maxwell of Sprinskell on sufficient bail/caution [By His Majesties Command: J Johnstoun]

Bundle 5: Bonds of Caution, 13/1/1697-27/12/1697
13/1/1697	Alexander Cazett (signature reads Cazettel), “leutenant in my Lord Lindsays regiment of ffoot” – “fforasmuch as his Majestie hath been graciouslie pleased by his Remission under his royall hand of the date the [blank] date of [blank] years To Remitt the Cryme of Slaughter Committed by me upon John Skeen Ensigne in the said regiment…” banishment forth of Scotland within 14 days to satisfy Skeen’s heirs; sentence of death passed by court marshall
28/1/1697	Sir William Bruce of Kinross; liberation from confinement; to live peaceably etc; penalty of £1000 sterling for failure to appear before Privy Council when cited
3/2/1697	Mr Thomas Wallace of Elderslie; liberty from Cannongate Tolbooth on bond/caution of £500 sterling; to leave peceably and appear when cited etc
3/2/1697	Mr William Livingstoun of Hilsyth; liberty from Edinburgh Castle on bond/caution of £1000 sterling; to leave peaceably and appear when cited etc
4/2/1697	Captain James Maitland, prisoner [crime unstated] in Cannongate Tolbooth; liberty to leave peaceably etc; penalty £50 sterling
12/2/1697	John Byres of Coats; liberty from Edinburgh Tolbooth; to depart his majesties’ dominions on 1 March; penalty of £300 sterling
18/2/1697	James Seatoune of Touch; end of confinement; to live peaceably etc; penalty 10000 merks Scots
23/2/1697	Alexander Brand, merchant burgess of Edinburgh – facing lybell; bond for release/bail on pain of £400 sterling
23/2/1697	Sir George Seatoune of Garltoune; liberty from Cannongate Tolbooth on bond/caution of £1000 sterling; to live peaceably and appear before Privy Council when cited etc. Incorrectly labelled 3 February by contemporary clerk/scribe.
18/2/1697	William Hamilton of Orbiestoune; bond raising previous enaction to live peceably and appear when cited from £500 sterling to £1000 sterling.
22/2/1697	Mr John Edwards, prisoner [crime unstated] in Edinburgh Tolbooth; liberty on bond/caution of 400 merks
26/2/1697	Receipt. “Edinburgh 26th february 1697” “Receaved up by me James Graham of Bucklyvie Bond granted by me and Mr William Lecky of Dashers my cautioner for my peaceable behavior and appearance when called for under the penalty of ffyve Hundereth pounds sterline. Inrespect I have granted a new bond in the above tearmes of this dayes dait” Ja: Grahame¹²
26/2/1697	Receipt of bond as replaced by one of this date. Hary Grahame in Garthfirrane. Signed
26/2/1697	Receipt of bond as replaced by one of this date. John Buchannan of Auchinmarr. Signed.
26/2/1697	James Grahame of Buchlyvie; to live peacably and appear when cited by the Privy Council on bond/caution of £500 sterling. Identical to the bond described in receipt noted above?
26/2/1697	Edward Buchannan of Spittle; to live peceably and appear when cited by the Privy Council under bond/penalty of 500 Scots merks
26/2/1697	John Buchannan of Auchinmarr; to live peaceably and appear when cited by the Privy Council on bond/penalty of 2000 Scots merks
26/2/1697	Walter Grahame of Garture; to renew previous bond to live peaceably; penalty of £3000 Scots
26/2/1697	Andrew McFarlane of Gartertane; cited to appear before Privy Council; live peaceably and appear when cited; penalty two thousand merks [unstated currency, assumed Scots?]
26/2/1697	Receipt on bond as replaced by one of this date. Edward Buchanan. Signed.
26/2/1697	John Grahame of Killearn; cited to appear before Privy Council; live peaceably and appear when cited; penalty 4000 Scots merks
26/2/1697	Thomas Graham, younger of Douchray; cited to appear before Privy Council; live peaceably and appear when cited; penalty £3000 Scots
26/2/1697	Harry Graham in Garthfirran, formerly in Bachappell; cited to appear before Privy Council; live peaceably and appear when cited; penalty 2000 Scots merks
26/2/1697	Receipt of bond as replaced by one of this date. John Grahame of Killearne. Signed.
26/2/1697	John Buchannan of Arnepryor; cited to appear before Privy Council; live peaceably and appear when cited; penalty £500 Sterling
27/2/1697	Receipt. “Edinburgh 27th feb. 1697” “Receaved up by me David Smyth brother to the Laird of Methven the bond granted by John William lait shirreff Clerk of pearth as principall and me as cautioner for his attending the dyets of the process at the Lord Advocats instance against him before the Councill containeing Tuo Thousand merks daited 16 feb: 1697” DSmyth¹³
1/3/1697	James Graham younger of Garturr; cited to appear before Privy Council; live peaceably and appear when cited on bond/caution on 1000 Scots merks
6/3/1697	James, Lord Drummond; liberty on bond/caution to live peaceably and appear when cited; penalty of £1000 Sterling. Signed by Drummond; cautioners are Sir William Drummond of Hathornden and David Drummond of Cultmalundie
12/3/1697	John Kerr, Ensigne in Sir William Douglas’ regiment; under process before Privy Council; bond/caution to live peaceably and appear when cited on pain of 1000 Scots merks
22/3/1697	Receipt of bond as replaced by another one of this date. Alexander Grahame, writer in Edinburgh. Signed. Partially re-written on the reverse side.
29/3/1697	Sir Ewen Cameron, Laird of Lochyeel. Liberty on bond/caution of £500 Sterling. Signed by Lochiel – nice neat signature, good for conference slides if ever required! Notes on the reverse/outer read: “given in be John fforbes writer in Edinburgh agent for Collonel Hills regiment”; “att appoynting Collonel Hill to take bond off Lochziel dated 9 ffebruary 1697”; and “taken by orders of Councell the 5 May 1697
31/3/1697	John Elphinstoun, younger of Glack and his son also named John Elphinstoun; cited to appear before Privy Council; bond/caution to live peaceably and appear when cited on pain of £1000 Sterling.
7/4/1697	Alexander Brand, merchant and late Baillie of Edinburgh; liberty on bail/caution to live peaceably and appear when cited on pain of £500 Sterling.
14/4/1697	“Be It Knowen to all men by these presents Mr John Andersone servitor to Margaret ofham [or ‘of ham’?] in Balrayon fforasmuch as I being Called in a process at his Majesties Advocats instance Against some rabblers at Strictmartine before the Lords of privie Councill whom I acknowledged in face of Councell that I was present at the rable Lybelled and that I went in at the window of the kirk of Stictmartine and opened the door The saids Lords of his majesties privie Counsell have ordained me to Inact my selfe in the bookes of privie Councill In manner and to effect underwryten Therfore writte ye to be Bond obleidged and Inacted and by thir presents doe hearby bind obleidge and Inact myself in the books of his Majesties privie Councill That I shall Live peacaby and ordorly In all tyme coming under the Government both of kirk and state of this Kingdome and that I shall give no disturbance or disquiet to the same nor have any accession therto and that under the penaltie of ffyve hundreth merks scotts money Consenting to the registratione heirof in the books of privie Councill…” Anderson unable to write so written by Alexander Cunningham, servant to Sir Gilbert Eliot, advocat; witnessed by: James Robertson, tailor in Edinburgh; Thomas Fleeming, merchant in Dundie; patrick Kid, tailor in Strictmartine; cautioners: Alexander Cunyinghame and James Reedpath, stabler in the Cannongate and
16/4/1697	Mr Thomas Gordon, late regent of Glasgow University; bond and caution to live peaceably and appear before privy councilors when cited; failure to appear previously excused; penalty of 2000 Scots merks
23/4/1697	Mr Alexander Craig, minister of Unst, Zetland; promise to “submitt my self in all things pertenning to my doctrine Life and office to the Jurisdiction and Censures of the presbyterian Church of this Kingdome; has taken oath of allegience and signed the bond of assurance
25/4/1697	James Campbell of Leckcopt; use of vacant stipend to repair manse Smaller document inserted: “Att Keir the tuentieth ffyfth of Apryll 1697: The factor James Campbell off Leccopt John Murray of Strowane Cautioner; witnessess Archibald Stirling of Carden: V Wm Dawsnone his servant
15/6/1697	Mr Arthur Forbes, writer in Edinburgh; use of vacant stipend to build a schoolhouse in Fintry
26/6/1697	William Morgane, “carver of timberwork”; liberty from Edinburgh Tolbooth on bond/caution of 500 merks Scots; to live peaceably etc
28/6/1697	Christian Park, prisoner [infanticide] in Edinburgh Tolbooth; banishment in exchange for remission of death sentence already pronounced; to leave Scotland on pain of death. Signed by Parks Sentence added to bottom of text: “this act is wrong In the nerrtate? for the act changeing the sentence Is daited to 10 december 1695”
28/6/1697	Isobell Litlejohn, prisoner [incest] in Edinburgh Tolbooth; liberty in exchange for bond/caution to leave Scotland on pain of death. Signed.
28/6/1697	John Menzies, prisoner [false coining] in Edinburgh Tolbooth; liberty on bond/caution to banish self out of Scotland as ordered by Privy Council; one of the witnesses is Patrick Tailezore – I recognise the signature its printress Agnes Campbell’s stepson
6/7/1697	Robert Maxwell of Garnfalloch; liberty to live peaceably and appear when cited on pain of 6000 Scots merks “notwithstanding I be under baile to the Earle of Argyle”
21/7/1697	Allane Mcdonald of Moydart; liberty to live peaceabaly and appear when cited on pain of £500 Sterling
4/8/1697	Captaine James Dalziell; free of charges libelled by Lord Advocat but bond to live peaceably and appear when cited on pain of £100 Sterling
4/8/1697	James Adamson, prisoner [crime unstated] in Edinburgh Tolbooth; to live peaceably on pain of £100 Scots; Patrick Tailezore a witness again.
5/8/1697	James Luke, merchant in Glasgow; release of seized beer (120 bolls) and promise not to export without kingdom; penaltie of £12 Scots for each boll.
5/8/1697	William Cruickshank, minister; cited before Privy Council “for preaching & Exercising the other pairts of three Ministeriall function within the pariches of Aboyn and Glentanner…”; promise not to preach elsewhere without permission. Signed at Edinburgh. Does not read or appear as a typical bond. Note added to outside/reverse: “Edinburgh 5 Aug 97 Receaved In be order off Councell yr qn aprocess Agst Ministers wes Called.”
10/8/1697	Mr Alexander Burnet, prisoner [performing clandestine & irregular marriages] in Edinburgh Tolbooth; liberty on bond/caution to live peaceably and stop irregular marraiges on caution of banishment
25/8/1697	James Edmonstoune of Broich; cited to appear before Privy Council; to live peaceabaly and appear when cited on pain of £500 Sterling Notes added to outside/reverse: “Band by The Laird of Broich and his cautioner”; “To be delivered to Charles Row writer at Edinburgh. These with care”; “posted by Ch: Row wrytter”
10/9/1697	James Hunter, smith and prisoner [crime unstated] in Edinburgh Tolbooth; to live peaceabaly and appear when cited on pain of 500 Scots merks
15/9/1697 8/10/1697 11/10/1697	Alexander Stewart, brother german to Patrick Stewart of Ballachan; liberty from Edinburgh Tolbooth but “confyned me to the house of the Tomb of Clunie and tuo myles about the same”; penalty 5000 Scots merks
15/9/1697 9/10/1697 11/10/1697	Patrick Stewart of Ballachan; liberty from Edinburgh Tolbooth but confined to home at Cluny and 2 miles around; live peaceably on pain of 5000 scots merks Note added to outside/reverse: “Receaved by order off Council off the dait the 23 Nov[ember] 1697
22/9/1697	Mr Theodore Umphray, minister at Nesting, Zetland/Shetland; has taken oath of allegience and signed assurance; promises to live by Presbtyerian church rules
28/9/1697	Master Gilbert Muschett, “sometyme Minister”; guilty of irregular baptisms and marriages (some detail given); “my wordly Condition is such That I neither have wherewith to maintaine my selfe in prison Nor will any person become Cuationer for me ffor my goeing out of the Kingdome and ever returneing…” liberty and promise to leave Scotland within three months “under the paine of Ane thousand Merks Scotts money of Liquidat penalty”
16/11/1697	Mr Gilbert Muschett, minister and prisoner in Glasgow Tolbooth; bond not to undertake baptisms or ministerial preaching etc whilst out on 3 month bail prior to banishment
26/11/1697	Robert Forester, servitor to William Lord Ross; use of voluntary contribution to build a bridge One of the witnesses is James Dalgleish, writer (and Privy Council clerk – see minutes)
6/12/1697	Robert Steedman, skipper; “Being declared and Imprisoned for certain Crims Doe hereby willingly And freely Consent to my Banishment to the Plantations In America rather than to abyde an tryall” Discrepancy: Signed Joseph Martin? And labelled “Declaration by Joseph Martine” on the reverse?
17/12/1697	Lieutenant James Chisolme; liberty in exchange for payment to Lady Graden because of money owed to her deceased son, Lt Col Archibald Home.
27/12/1697	Thomas Rankeillor, late Baillie to the Countess of Weymess; overssing stipends of kirks at Conveth, Craig, and Tunninghame (under patronage of St Andrews Divinity College) to be paid to ministers?

Bundle 6: Royal Letters
19/29 7/1697	Headed by signature of William R: Extending adjournment of Parliament; request for proclamation. [By His Majesties Command: Ro: Pringle]
8/2/1697	Headed by signature of William R: Collection of excise. [By His Majesties Command: Tullibardine] Note added to reverse/address: “This letter tho directed as above [i.e. to Privy Council] yet it sould have bein direct to the Lds of the Thesurie as the matt[er?] with[?] respect[?] clears it to be.
24/5/1697	Headed by signature of William R: Viscount of Teviot/Use of title of Peebles, which has been granted to Lord William [By His Majesties Command: Ro: Pringle]
12/5/1697	Headed by signature of William R: Militia [By His Majesties Command: Ro: Pringle]
17/9/1697	Headed by signature of William R: Requests proclamation re: peace treaty with France [By His Majesties Command: Ro: Pringle]
31/3/1697	Headed by signature of William R: “in consideration of the Loyalty and Abilities of [blank] Boyle of Kelburn” he is added to Privy Council [By His Majesties Command: Ro: Pringle]
24/4/1697	Headed by signature of William R: Sir Patrick Murray of Salcoats added to Privy Council [By His Majesties Command: Tullibardine]
23/4/1697	Headed by signature of William R: Militia [By His Majesties Command: Tullibardine] Note on reverse/address: “Edinburgh 30 Apprill 1697 Read and ordered to be recorded”
8/10/1697	Headed by signature of William R: Disbanding of two foot regiments [By His Majesties Command: Ro: Pringle]
30/11/1697	Headed by signature of William R: Disbanding of two foot regiments [By His Majesties Command: Ja: Ogilvie]
24/4/1697	Headed by signature of William R: Earl of Loudoun added to Privy Council [By His Majesties Command: Tullibardine]
30/11/1697	“William R”¹⁴ “Right trusty and right well beloved Cousin and Councellor Right trusty and entirely beloved Cousin & Councellor Right trusty and well beloved Cousins and Councellors, Right trusty and well beloved Councellors and Trusty and well beloved Councellors We greet you well. Whereas we are informed that diverse of our Subjects who stand fforfeited or denounced Rebells for high Treason and other dangerous and disaffected persons who have contrair to our Lawes gone into ffrance during the time of the Warr, have returned or are designing to return to our Kingdom of Scotland without our permission for the same, Which (if not prevented) may prove to be of dangerous consequence, and may disturb the peace and Quiet of our said Kingdom. Therfor We have thought fit to signify to you that it is our Royall will and pleasure That you Issue forth a Proclamation Prohibiting all such persons to return unles they first obtain our Pass and liberty for the doing thereof; And Appointing all Sherifs of Shires Baillies of Regalities and other Magistrats within their respective Jurisdictions to Sease and apprehend such as have returned or shall return from ffrance without liberty as said is; And that they immediately acquaint you therewith that such directions may be given concerning them as you shall Judge requisite ffor doing whereof This shall be your Warrant. So we bid you heartily farewell. Givein at our Court at Kensington the 30^th day of November 1697 and of our Reign the 9^th year By His Majesties Command Ja: Ogilvie”¹⁵ Note added to reverse/address: “Edinburgh 7 Decemb: 1697 Read and ordered to be recorded”
23/4/1697	Headed by signature of William R: Allan Macdonald of Moydart to be liberated on sufficient bail/caution [By His Majesties Command: Tullibardine]
30/11/1697	“William R”¹⁶ Right trusty and right well beloved Cousin and Councellor; Right trusty and entirely beloved Cousin and Councellor, Right trusty and right well beloved Cousins and Councellors Right trusty and well beloved Cousins and Councellors, Right trusty and well beloved Councellors, and Trusty and well beloved Councellors We greet you well. We have received your congratulatory letter upon the Conclusion of the Peace and our Safe Return into Britain; And we do give you our hearty thanks for the Assurance which you give us in it of your duty and Affection to our Person and Government: We are also well pleased with the Accounts we have of your Administration of our Affairs of that our ancient Kingdom during our Absence. We have alwayes made it our cheif care to protect all our good Subjects in the full and free Possession of their Religion Lawes and liberties; And now since there is an happy Period put to the Warr and that God Almighty has blessed us and our Commissions with Peace, We are resolved to make the Happiness and Prosperity of our People our principall concern. We have convincing proofs of your Loyalty and ffidelity and we doubt not but that on all occasions you will continue to do what is necessary for our Service, and therfor you may be assured that we have you under our particular Protection. So we bid you heartily farewell. Given At our Court at Kensington the 30^th day of November 1697 and of our Reign the 9^th year. By His Majesties Command Ja: Ogilvie”¹⁷
23/4/1697	Headed by signature of William R: Archibald Cockburn of Langton younger to be liberated on sufficient bail/caution [By His Majesties Command: Tullibardine]
24/4/1697	Headed by signature of William R: Earl of Buchan added to Privy Council [By His Majesties Command: Tullibardine]
8/10/1697	Headed by signature of William R: Peace with France discussed in previous correspondence – “We doe Authorise and require you to cause publish it thorugh out that our kingdom, And that our subjects may the better understand the true content thereof”, esp. the clause about not capturing French ships [By His Majesties Command: Ro: Pringle] Note on reverse/address: “Edinburgh 26 Octob: 1697 Read and ordered to be recorded”
19/11/1697	Headed by signature of William R: Fraser of Boufort and his son Captain Simon Fraser to be apprehended for “illegally” holding prisoner The Lord Saltoun, The Lord Mungo Murray, and my Lady Lovat “in a tumultous manner” [By His Majesties Command: Ja: Ogilvie]
24/4/1697	Headed by signature of William R: Earl of Mar appointed to Privy Council [By His Majesties Command: Tullibardine]
19/11/1697	Headed by signature of William R: Repeated order to disband two regiments of foot – aware not yet done even though requested [By His Majesties Command: Ja: Ogilvie]
29/11/1697	Headed by signature of William R: Extending adjournment of Parliament; request for proclamation [By His Majesties Command: Ja: Ogilvie]
30/1/1697	Headed by signature of William R: late Archbishop of Glasgow to be confined to Glasgow on sufficient bail/caution [By His Majesties Command: Ja: Ogilvie]
1/3/1697	Headed by signature of William R: Lord Drummond to be liberated from Edinburgh Castle on sufficient bail/caution [By His Majesties Command: Tullibardine]
9/3/1697	Headed by signature of William R: Extending adjournment of Parliament; request for proclamation [By His Majesties Command: Ja: Ogilvie]
1/3/1697	Headed by signature of William R: Earl of Seaforth to be set at liberty on sufficient bail/caution [By His Majesties Command: Tullibardine]

Bundle 7
26/1/1697	Act of Privy Council: Robert Lamerock pressed in to service when “belonged” to Earl of Leven “as a deserter”. Signed by Gilbert Eliot.
26/6/1697	“Edinburgh 26th day June 1697 years” “These are requreying the Magistrats of Edinburgh and the keeper of their Tolboth to sett at liberty [blank] Morgan prisoner comitted to your tolboth some dayes agoe upon our order Inrespect he hath enacted himselfe in the bookes of privy Council to live peaceablie under the government of his majesties King William and to appear before the saids Lords of privie Councill when called under the payne of ffyve hundereth merks scots ffor which this shall be your warrant Given under our hand att Edinburgh 26th June and year forsaid sic subscribitur Marchmont Cancellar” Notes on reverse: “Warrant for Liber: Will: Morgan, 26th June 1697”; “the principall hereof was given to the Tolbooth by S.G.E”
10/8/1697	Certificate of execution for letters of horning issued against James Forbes. Signed by messenger Patrick Bisset. Witnessed: William Bisset “My Laufull son” and “John Wright at ye mill of Aberdew”
10/8/1697	Certificate of execution for letters of horning issued against Michell Jafray.¹⁸ Signed by messenger Patrick Bisset. Witnessed: William Bisset “My Laufull son” and “John Wright at ye mill of Aberdew”
7/9/1697	Act of Privy Council: Earl of Seaforth and other heads of Highland clans to produce Doctor Ocon and Alexander McClane. Signed by Gilbert Eliot.
27/10/1697	Depositions relating to a case raised in Privy Council by Patrick Milne; 6 depositions in total; 2ff. recto & verso
7/12/1697	Petition relating to Patrick Milne case – with two notes on back made by Chancellor Marchmont
21/12/1697	Petition from Alexander Frasre of Strichen excusing absence because of ill health. Two notes added to the reverse: 1) “Edinburgh 21 December 1697, The Lords of his majesties privy Councill haveing heard this petitione given in to them be the within Laird of Strechen read in their presence They recomend to Sir James Stewart his majestis Advocat to see and answer ye same and to consider what information he hes against the petitioner untill the Twenty third december instant”; 2) crossed out decision [dated 28/12/1697] signed by Marchmont to put petitioner at liberty
30/12/1697	Interloquitor anent Laird of Strichen, giving instruction to enact him on caution of £100 Sterling to live peaceably and appear when cited. This document refers directly to that dated 28/12/1697 noted above, which has been subsequently crossed out.
30/12/1697	Minutes of Council: Sederunt includes P: Denmark – “Att the Councel Chamber thursday 30 December i697”; 3ff – some sides blank. Incomplete? Decision to allow the Laird of Strichen liberty to appear on sufficient caution/bond “And ordaines the sd interloquitor as it wes pronunced to be cancelled and destroyed” Report of Committee re: “Captain douglas and the uyr Captaines”. Several lines crossed out. Warrant liberating several military officers from Cannongate Tolbooth Petition: Countess of Wemyss read and action on quorum Petition: Mr James Carnegie read and set at liberty on sufficient bail/caution “nyne ffrazers” in Aberdeen Tolbooth Note of business, 30/12/1697. Including a list of petitions.
30/12/1697	Copy Bill of Suspension: Whyte/Cochran of Kilmarnock.
30/12/1697	Warrant for liberating mutineers from Collonel Douglas’ regiment from Cannongate Tolbooth. Signed by Chancellor Marchmont. Word “Regrat” noted on reverse.
[dated 30/12/1697 by later hand; relates to business dealt with in council that day]	[untitled list, labelled “Mutineers” on the reverse] “leutenant Craford declares that John gordon was severely beat befor he tooke the Colores in his hand gilbert mcdougall guilty will wilson did repsent his armes to Cap: graham proven by the said Cap: and leut: Craford David Dumbar a sergeant did munt gaurd at falkirk by his oun confession James Sinclair corporall was in the mutiny and did carry armes by his oun confession”
30/12/1697	Petition: Mr James Carnegy of Finneavan; excuse for not compearing. A note on the back states the Council’s decision to excuse him on 5000 Scots merks caution. Signed by Chancellor Marchmont. “Regrat” writen on reverse/label.
25/2/1697	Certificate of Execution of letters of Privy Council raised by Margaret Graham against her spouse to Robert Grier of Milnemark. Signed by John Johnstoun, messenger. Witnessesd by William Gordoun, writer in Dumfries and John Johnstoun, messenger’s servant
25/2/1697 26/2/1697	Certificate of Execution of letters of Privy Council summoning in witnesses in case raised by Margaret Graham against her spouse to Robert Grier of Milnemark. Signed by John Johnstoun, messenger. Witnessesd by William Gordoun, writer in Dumfries and John Johnstoun, messenger’s servant

1. Assumed Beuly?

2. Word has been added in later.

3. Word has been added in later.

4. Signature. The body of the text has been written in Hutcheson’s hand.

5. Signature

6. Signature

7. Signature

8. Signature

9. Appears to be the abbreviation for merchant, but not sure if it makes sense.

10. Signature.

11. Signature.

12. Signature

13. Signature

14. Signature

15. Signature

16. Signature

17. Signature

18. Appears to have originally read “Patrick Black”. Quite hard to read – but I think “Michell Jafray” is correct.

NRS, PC12/1692-1695 (box 1) – Inventories of Miscellaneous Boxes

Posted on May 9, 2024 by Philip Ward

NRS, PC12/1692-1695 (box 1) – Inventories of Miscellaneous Boxes

1. ROYAL LETTERS [16 Jan – 26 July1692] 10 Items
1	11 January 1692	William R. Read & recorded 16 January 1692 Measures to be taken against Highlanders who are in rebellion and have refused the indemnity.
2	29 December 1691	William R. Read & recorded 4 January 1692 Proclamation authorised for adjourning parliament from 14 January to 15 April.
3	19 January 1692	William R. Read & recorded 26 January 1692 Response to a letter received complaining that seamen are being pressed ‘contrary to the freedom of that our ancient kingdom and to the prejudice of your trade’. Orders that no such thing to be done but also that as we are at war, 1000 seamen or more are expected to be recruited.
4	20 February 1692	William R. Read & recorded 25 February 1692 Concerning William Martine, condemned to die as an alleged accomplice in the murder of James Paton. Referred matter back to the council and permits they decide if he should be put to death or shown mercy.
5	18 March 1692	William R. Read & recorded 29 March 1692 Proclamation authorised for adjourning parliament from 15 April to 17 August.
6	2 May 1692	William R. Read & recorded 15 May 1692 Clarification that in the absence of Meinhardt [Schomberg] the Duke of Leinster, Sir Thomas Livingston will command the troops in Scotland and those sent from England.
7	28 May 1692	Mary R. Written 2 June 1692 Response to council thanking them for responding to requests to be supplied with ammunition and arms to put the country in a state of defence, upon information of an invasion threat [ships being sent from Dunkirk to Scotland.]
8	14 July 1692	William R. Read & recorded 26 July 1692 Proclamation authorised for adjourning parliament from 15 August to 16 November.
9	14 July 1692	William R. Read & recorded 26 July 1692 Francis Montgomery of Giffen to be made a member of the privy councillor in place of the Lord Montgomery, who did not come to take the oaths nor attend during the danger of invasion threat from France – He is to be informed that he is no more a member of the privy council.
10	14 July 1692	William R. Read & recorded 26 July 1692 Invasion threat has receded, thanks to be intimated to all those who offered to levy forces at their own expense. Oath of allegiance to be administered to all heritors, ‘not so much from any doubt we have of the loyalty & affection of our subjects. As to convince the world of the vanity of those hopes with which our enemies delude themselves. Giving it out that they did expect that they did expect assistance’. All Scots men who have gone to France to be cited before the privy council. Process of treason to be raised against the Duke of Gordon, Earl of Seaforth & all those who were with King James or joined the french forces.

2. WARRANTS incl. ROYAL LETTERS [1692] 9 Items
1	9 February 1692	Warrant for delivering up bond to Captain Jacob Libloe & Sir John Lauder of Haltoune – noted that a printed receipt was received on 15 February signed. Jo. Lauder.
2	20 May 1692	Letter. Read in council 2 June 1692 From John Johnston to the Lord High Chancellor & Privy Council. Concerning the request for ammunition & arms, explaining why the request cannot be granted [see Section A, no.7: Letter from the Queen dated 2^nd June 1692]
3	12 January 1692	[Printed] Act appointing the oaths of allegiance taken for the benefit of the Indemnity to be transmitted to the Clerks of Privy Council.
4	20 November 1692	William R. Read & recorded 29 November 1692 Responding to letter from the council received in Flanders dated 12 August. Nothing can be done in the Militia without an act of parliament & the no money is available at present to fund the scheme for 5000 ‘modelled men’. Oath of allegiance and assurance not to be separated – more effectual means might be employed for ensuring subjects comply with that matter – as country is in no present danger, prisoners upon that account can be released on bail. Highland Justiciary is both useful & necessary. Henry Naval Pain to be sent to Stirling Castle – Earl of Seaforth & other officers concerned with him to also be brought to trial. Laws against ministers not praying as the law requires to be punctually executed – specifically mentions Bishop of Glasgow Army to have full pay and a company general to be appointed for hearing abuses & complaints from locals.
5	17 November 1692	Letter. Read & recorded 24 November 1692 From John Dalrymple [Master of Stair] to Col. Richard Cunningham – king intends to nominate Cunningham in place of Livingston [who has gone to who has gone to holland] to oversee that recruits are fairly drawn – names of whole company to be put in a hay; 18 drawn out of the ordinary and 24 out of the great companies.
6	14 September 1692	William R. Read & recorded 17 November 1692 In addition to recruits being drawn out existing companies, [see letter above dated 17/11] warrant issued authorising officers from Flanders to beat drums ‘for making as many more recruits as will complete their regiments’.
7	8 September 1692	William R. Read & recorded 17 November 1692 In order for recruits to be raised for Scots troops in Flanders who are wanting – but without troubling the country, 18 sufficient men to be recruited from the companies of foot. ‘Because the company of Hill’s regiment and the Independent companies are stronger than those of Leslie and Buchanans regiment’ 24 men are to be taken from these companies. 7 dollars for each man to be paid to the captains of the companies they are taken from.
8	27 October 1692	William R. Read & recorded 13 November 1692 Proclamation authorised continuing the adjournment of Parliament continued to the 17 January. Members are not to be put to the trouble or charge of meeting.
9	6 December 1692	Letter. read & recorded 10 December 1692 From John Dalrymple to the Lord Chancellor Concerning the election of the magistrates of Edinburgh Testament that this is a true copy of the letter from the secretary of state to the lord high chancellor which was read in council this day and taken back again by the chancellor and this copy left in its place. [signed] Tweeddale.

SUBFOLDER – James Kirkwood schoolmaster at Linlithgow Against the Magistrates & Council of that burgh [26^th October 1689 – 15^th September 1692] 17 items
1	1692	[Printed] Answers for the Magistrates & Town Council of Linlithgow, to the Libel and Complaint exhibite against them by Mr James Kirkwood School-master. ‘To give your Lordships a true account of this Affair, and of the Town’s Defences against what is material in this libel.’
2	20 May 1692	Instrument of Intimation to witnesses cited in the process.
3	20 May 1692	Witness statement of Elizabeth Day
4	16 June 1692	Interlocutor James Kirkwood against the Magistrates of Linlithgow – the libel and answers read in the presence of the Lords and both parties, and their advocates heard
5	17 June 1692	Witness statements taken before the committee for examining the witnesses in the libel.
6	17 June 1692	List of 7 points of interrogation in the libel case.
7	17 June 1692	Petition of Walter Stewart citing his reasons for not compearing before the Lords of Justiciary, as he was representing the town council in another separate case raised by the Lord Advocate. [17 June 1692 Having considered the petition the council refuse to sustain the excuse in the petition.]
8	21 June 1692	Petition of the magistrates of Linlithgow [read in council 22 June 1692]
9	21 June 1692	Interlocutor – report of the committee and depositions of the witnesses considered.
10	28 June 1692	Petition of James Kirkwood – requesting his oath in supplement be taken in his process against the magistrates of Linlithgow – Lord Fountainhall to take his oath the following Thursday at 3 in the afternoon.
11	28 June 1692	Petition of John Smith, late bailie in Linlithgow stating that under the orders of Walter Stewart, he removed the possessions of Kirkwood from his house, unaware of the ‘bad usage that master Kirkwood had met with.’ Requesting to be excused from anything that was done at that time. [read in council same day answer delayed until the pronunciation of sentence in Mr James Kirkwood’s process.]
12	June 1692	Answers for Mr James Kirkwood to a petition given in by John Smith, late bailie of Linlithgow.
13	June 1692	Mr Kirkwood’s expenses
14	June 1692	An account of Mr Kirkwood’s loss and damage by the plea with the town of Linlithgow.
15	June 1692	The Articles Mr Kirkwood is ready to depone upon, containing the loss and damage he has sustained by the plea with the town of Linlithgow.
16	15 September 1692	Interlocutor on account of the losses sustained the council modify the sum of 4000 merks to be paid to the petitioner. Town clerk of Linlithgow also to deliver up to the Earl of Leven any court books and registers pertaining to the ejection of James Kirkwood in 1689.
17	4 & 8 February 1690	Copy of the town council of Linlithgow’s sederunt, when the keys were ordered to be taken from James Kirkwood. [recorded in council registers 13 October 1692]
SUBFOLDER [More documents connected with the libel] 12 items
1	1690	A note concerning Mr Kirkwood’s papers.
2	26 October 1689	Instrument Mr James Kirkwood
3	12 December 1689	Interlocutor concerning the report of Lord Aberquill
4	31 January 1690	Petition of the magistrates of Linlithgow
5	3 February 1690	Instrument of possession narrating that William R Higgins & Robert Thurnbull [bailies] Christopher Bowmand & George Muirhead [officers] compared with an act of council dated 25 December last, whereby James Kirkwood was ordained to remove from the schoolhouse.
6	6 February 1690	Interlocutor upon the report of Lord – there is no sufficient reason to pass a bill of suspension.
7	July 1690	Stop of eviction against James Kirkwood
8	July 1690	Instrument in favour of James Kirkwood
9	8 July 1690	Instrument in favour of James Kirkwood
10	10 July 1690	Instrument in favour of James Kirkwood
11	5 March 1690	Instrument in favour of James Kirkwood
12	Undated?	Instrument in favour of James Kirkwood

3. LOOSE MISC. ITEMS 18 items
1	Undated {see below entry]	Petition [printed] by way of answers for Robert Howie, to the petition given in by Col. Patrick Ogilvie. Boat was seized by Ogilvie containing prohibited goods – denies any knowledge of the boat’s contents.¹
2	Undated {c.1704-5}	Petition [printed] of Col. Patrick Ogilvie [active between 1704-5] requesting clarification of commission for executing the Laws & Act of Parliament relating to the importation of Irish victuals – requests full ‘Countenance, Protection & Encouragement’ in all legal steps made, or to be made, by me {Ogilvie} in the execution of his commission. And a copy of the decree pronounced upon to be given to ‘delinquents’ in their dwelling houses, avoiding recruitment and in vessels and at the market cross granting him warrant for apprehending them and the power to punish those under his command who behave treacherously.
3	Undated	Supplication [printed] of John Luke, Goldsmith in Glasgow requesting a voluntary contribution be collected in Glasgow & Edinburgh after he lost ‘all he had in the world’ due to a fire in Glasgow. {exact duplicate of same supplication included}
4	Undated	Information [printed] for Sir James Livingstone of Glentyrran & Mr Patrick Lyon, his tutor. Dispute with Countess Dowager of Callender over living arrangements, ailment and education of Sir James.
5	Undated	Representation [printed] for Dame Mary Gordon, Lady Gight & her husband, against The Laird of Tolquhon & Thomas Selvie, his servant and a witness for his master.
6	Undated	Petition [printed] of William R Forbes of Tolquhon. ‘I beseech your Lordships, to receive the Lords of Committee their report, and Advise my Probation, and there up on correct the Lady and her Barbarous Accomplices, in such sort, as may repair my honour, and may restrain her for the future, and henceforth secure the Honour of Men, against the Surprising and Barbarous Insults of Women, that their Sex be no Sanctuary to them against the law.’
7	Undated	Petition [printed] of William R Cochran of Ochiltrie. Objecting to the release of some coaliers (of Sir John Erskine) who were to pay a fine to him and remain in prison until they do.
8	Undated	Answers for Mr John Eley to the libel pursued against him by at the instance of James Hamilton.
9	Undated	Petition of Gabriel Clark. Requesting liberation from the tolbooth of Edinburgh. Addressed to the Privy Council & Signed. Gabriel Clark.
10	Undated	Petition of Gabriel Clark. Requesting liberation from the tolbooth of Edinburgh. Addressed to His Grace John Duke of Argyle High Commissioner for the High Court of Parliament of Scotland and my Lord High Chancellor of Scotland and the remainder of her majesties most honourable privy council. Unsigned.
11	Undated	Damaged folio
12	Undated	Answers [printed] for Andrew Fletcher of Aberladie & Representation for Mary Swintoun, Lady Kennet, his mother & Lt. John Bruce, her husband, and Sir Alexander Cumming of Culter, his late tutor, to the petition given in by Lady Mersingtoun, Maj. Charles Swintoun, and James Swintoun, her sons. Regarding the tutelage, custody and curators for Aberladie.
13	Undated {poss. 1703}	Form of Reconvention & Exculpation – John Murray brother to Charles Murray of Barnhurrie against Adam Craig of Ardbigglan, William R Young, Steward deputy of Kirkcudbright
14	Undated	Petition of Robert Bannantyne, John Hoge & David Graham
15	Undated	List of names on a small leaf of paper. Queensferrie Mortoun Haddingtoun Lauderdale Rosberrie Dunsmore Hoptoune Fforfar & Stair Haddo Pr. Sessione Register Advocat Justice Clerk Anstruther Halcraig & Pollock Arnistoun Mr Francis Montgomerie Cockburn & Ormistoune Pr of Edinburgh
16	Undated	Petition of Nicolas Dupin & Dennis Harris ancient manufactory of paper & linen. signed by Gilbert Eliot
17	Undated	Petition [printed] of James Watson, printer, for himself and in name of the hail Printers and Booksellers in Edinburgh. Response to a petition submitted by Mrs Anderson, protesting the printing of a new testament that would occasion great loss and damage to her. Requesting the council refuse Anderson’s petition.
18	Undated	Assurance. Long list of written signatures

4. MISC. ITEMS [1692] 5 Items
1	1692	Inventor of papers
2	31^st March 1692	Account of arrears & subsistence due to James Smith when he was Ensign of Dumbarton Castle, now present Ensign of Edinburgh Castle.
3	3 December 1692	A copy of the pretended Letter, whereupon the Indictment against Hendry Nevile-paine is founded. [printed]
4	22 January 1692	Deposition of David Mader, In the presence of the Earl of Leven. Depones he was to receive 400 rex dollars for making a salt in Sweden plus expenses for going and networking.
5	23 May 1692	Attestation by John Monteith, churgeon burgers in Linlithgow, for Lt. Hary Bruce, declaring that Brice is in the home of John Bryce, maltman in Linlithgow and is at present not able to travel to Edinburgh. Signed. Jo. Monteith.

5. BONDS OF CAUTION & RECEIPTS FOR BONDS [1692] 42 items
1	2 January 1692	Alexander Cairns in Airdoch to make forthcoming a half year stipend of Kells, for keeping of the manse & Kirk etc. Cautioner: Adam Newall, writer in Edinburgh.
2	4 January 1692	Alexander Moir, procurator of the New College of Aberdeen, now called Marishall’s College. To employ a years stipend for improvement of the college for the accommodation of the students. Cautioner: Mr Robert Pattersone, Principal of the College of Aberdeen.
3	23 January 1692	David Maider, Smith, not to return to Sweden for the purposes of salt making or have a part in sending anyone else to do so. Cautioners Robert Milne of Balfary, master mason & John Adam, merchant burges in Culross.
4	28 January 1692 & 13 February 1692	Andrew Ross, clerk to the Regality of old & new Glenluce to employ half a year’s stipend for repairing the manse & another half year’s stipend upon reparation of the bridges over the water Luce. Cautioner: Robert Cathcart
5	22 February 1692 & 13 July 1692	Robert Herris of Haldykes to employ a year & a half stipend of Drysdale for repairing the Kirk & manse. Cautioner: Androw Chalmers
6	5 February 1692	John Neilsone to employ a year’s stipend of Parton for repair of the Kirk & manse of Parton & bridge of Cessock. Cautioner: Samuel Broune, younger of Mollans
7	9 February 1692	John Buchanan of Craigieverne to make payment to Mr James Gillespie, formerly minister at Drymen of a half a years stipend & the other half to be used to repair the Kirk & manse. Cautioner: John Cunynghame younger, writer to the signet.
8	12 February 1692	Thomas Nairn of Kirkhill, to employ a half years stipend of Collace for repair of the manse & building a school & schoolhouse. Cautioner: John Arnot of Balcomie
9	12 February 1692	Alexander Boyd apparent of Pinkell to employ a year & a half stipend of Inch & Leswalt for repair of the Kirks & manses. Cautioner: William McDowall of Garthland & James Agnew of Lochnew
10	13 February 1692	Samuel Broune younger of Mollans to employ a half years stipend of Crossmichael for repair of the Kirk & manse at right of the presbytery. Cautioner: John Neilsone of Cessock.
11	20 & 25 February 1692	Patrick Murdoch of Cumloden to employ two years stipend of Monigaff for repair of the Kirk & manse of Monigaff & the bridges of Palnewar, Minoch & Polkill. Cautioner: William Maxwell, Lt. in the Earl of Leven’s regiment
12	23 February 1692	Receipt by John Morrisone, servitor to Mr Roderick McKenzie of Prestonhall for bond dated 25^th December 1689, granted by John, master of Tarbat, & Sir Thomas Stewart of Balcaskie & the said Rodrick McKenzie, cautioners, that he should live peaceably & appear when called. Bond of the same date, with the same Cautioners & to the same effect, granted by Alexander Frazer of Kinnaries.
13	24 February 1692	Obligement & Enactment by the Ludovick Grant of Freuchie to make forthcoming two years stipends of the of several parishes for the maintenance of two schoolmasters in the district of Strathspey.
14	27 February 1692	James Couper of Lochblair to employ a years stipend of Blair for building a bridge. Cautioner: John Drummond of Newton & Patrich Johnstoun of Gourock
15	29 February 1692	Francis Thomsone, servitor to Sir Thomas Burnet of Leyes to employ a years stipend of Ecclesgreig for repair of the Kirk & manse. Cautioner: Sir. Thomas Burnet
16	7 March 1692	William Ogilivie, servant to David, Lord Ruthven, to employ a year’s stipend of Forgandenny for the repair of the Kirk & manse. Cautioner: David, Lord Ruthven
17	10 March 1692	Alexander Brodie of Tilliburies to employ a years stipend of Forres for repair of the Kirk & manse. Cautioner: James Brodie of that ilk
18	12 March 1692	Helen Mick daughter to the late James Mick, minister, to make forthcoming the bonds etc in the process against Alexander McCockadale, her brother-in-law if he demonstrates his right thereto before the judges ordinary. {see D1692/1/3}
19	17 March 1692	Alexander Gray, merchant burgers of Edinburgh to make forthcoming the evidents of the estate of Warristoune to all having interest therein.
20	22 March 1692	James Dunbar of Mochrum to employ a years stipend of Mochrum for repair of the Kirk & manse. Cautioner: David Gordoun of Barnemie
21	22 March 1692	David Gordoune of Barnemie to employ two years stipend of Kirkcowan for building a bridge over the water of Tarff.
22	31 March 1692	Alexander Brand of Babertoun not to cut down or dispose of any of the trees about the manse of Reidhall until the point of right in the dispute between him & George Baillie of Jerviswood is decided by the judge ordinary. Cautioner: Alexander Brand, merchant in Edinburgh, penalty of £100 sterling
23	5 April 1692	Robert Eliot of Midlamylne to be diligent & faithful as factor to the estate of Gilbert Eliot of Stenadge. Cautioner: Thomas Rutherford of Kousnoth {see D1692/3/26}
24	13 April 1692	James Campbell of Kirriereoch to employ a years stipend of Dunblaine for repair of the Kirk. Cautioner: Sir Colin Campbell of Aberuchill, a senator of the college of Justice
25	13 April 16i2	James Campbell of Kirrieroch to employ a year and a half stipend of Combrie for building or repairing bridges within the parish. Cautioner: Sir Colin Campbell of Aberuchill
26	14 April 1692	William Welch in Cullachine to employ a year and a half stipend of Tarreagles for repair of the church etc. Cautioner: James Wright of Jardingtoun
27	30 April 1692	William Allan in Polwarth to employ two years stipend of Greenlaw for helping to rebuild the Kirk of Polwarth. Cautioner: Patrick, Lord Polwarth
28	3 June 1692	Letter from Alexander Spittell of Leuchat to David Moncreiff, clerk to the council offering to renew his bail for James Drummond of Drummonderinoch On reverse ‘Alexander Spitle of Leuchat anent his cautionarie for Drummonderinoch. Sustained by the comittie as a bounding be 3 June 1692′
29	3 June 1692	Two letters from Archibald Gowane dated 31 May 1692 One to James Edmondstoune younger of Broiche Another to John Cunninghame of Ballandalloche, writer to the signet, offering to renew his bail for the said James Edmondstoune. On reverse of letter 2 ‘[3 June 1692] This letter with another to the Laird of Broich declared to be a sufficient bundling of Broichs cautionarie. Vide minutes comittie anent bales this day.’
30	6 June 1692	Mr Thomas Creichtoun, servitor to the Earl of Perth, renewing bond dated 2 September 1690 to live peaceably. Cautioner: John Drummond younger of Pittkellony & James Fentone of Mylne of Erne
31	11 June 1692	George Fall, Mason in Kelso to employ a half years and a years stipend of Ednem for building a bridge over the water of Ednem. Cautioner: Andrew Edmonstone of Ednem
	18 June 1692	Andrew Lord Rollo appointed as factor upon giving bond for lifting the stipends of the parish of Dunning, to be employed for repairing hte manse, bridges, school and other uses. Cautioner: James Mercer
32	22 June 1692	Receipt by John Guthrie of that ilk for his bond to live peaceably dated 5 September 1690
33	2 July 1692	William Philp, notary public in Tynron, to employ a half years stipend of Tinron for repair of the Kirk. Cautioner: Mr John Murray, minister at Tynron.
34	5 July 1692	Thomas Tod, treasurer of Mussleburgh, to employ the contributions raised in the presbyteries of Edinburgh, Haddingtoune & Dalkeith for relief of the poor inhabitants of Fisherraw. Cautioner: Robert Litester, clerk of Mussleburgh
35	2 August 1692	William Jacque, minister at Biggar to repair the manse at Biggar out of the years stipend allowed to him. Cautioner: James Meinzies, writer to the signet.
36	23 August 1692	John Rae, tenant in Lethame to employ the voluntary contribution raised in the presbytery of Linlithgow for the release of James Andersone, Mariner, from the Turks and the support of his spouse & children. Cautioner: David Hay, younger of Woodcockdale & John Drummond of Newtoun
37	24 August 1692	Receipt by William Gordon, merchant in Edinburgh, for his bond to live peaceably, dated 11 September 1690
38	13 September 1692	James Pitcairne of Windrie Edge in Monkland & Janet Corse there not to cohabit until the legality or illegality of their marriage is determined by the commissaries of Edinburgh. Cautioner: John Pitcairne of Blairthomas {no signature of Janet Corse}
39	22 September 1692	Alexander Moir, procurator of the new college of Aberdeen commonly called Marishalls College to employ a years stipend for completing the new work of the college for the accommodation of students. Cautioner: Robert Patersone, the principal of the said college
40	13 December 1692	Andrew Ross, clerk to the Regality of Glenluce to employ half a year’s stipend for repairing the manse. Cautioner: Robert Cathcart
41	23 December 1692	John Broune, to uplift two years stipends and employ them for repairing the Kirk. Cautioner: Robert Carruthers.
42	1692	Notes of persons under bond to appear when called. Alexander Gordon – Penalty 10,000 merks Earl of Arran – 1,500 sterling George Winraham – 10,000 merks Ensign Mowat – 1,800 merks Kennedy of Kulzean – 1,000 sterling Capt. John Ramsay – 200 sterling Peter Bell – 6,000 merks Capt. James Murray – 200 sterling Lewis Hay – 100 sterling Capt. James Maitland – 5,000 merks Garletoun – 1,000 sterling Lt. Col. Oliphant – 50 sterling Lt. James Murray – 100 sterling Colin Bell – 6,000 merks Earl Hume – 1,000 sterling Earl of Perth – 5,000 sterling Springkell – 6,000 merks

6. ROYAL LETTERS [1692-1693] 25 items
1	31 December 1692	William R. Read & recorded 5 January 1693 Proclamation to be issued adjourning Parliament from the 17 January to 10 February. All members required to give their attendance in Edinburgh on that day.
2	13 January 1693	William R. Read & recorded 17 February 1693 Sir William R Lockhart no longer employed as solicitor to the crown nor a privy councillor.
3	26 January 1693	William R. Read & recorded 31 January 1693 Proclamation authorised to continue the adjournment of Parliament to 1 March.
4	30 January 1693	William R. Read & recorded 7 February 1693 Sir Patrick Murray no longer employed in the recovery of rents nor as a privy councillor.
5	30 January 1693	William R. Read & recorded 7 February 1693 William, Earl of Annandale to be added as a Privy Councillor.
6	30 January 1693	William R. Read & recorded 7 February 1693 Giving thanks & approval for putting nation in a state of defence. Commission of the Treasury permitted to enter into contracts with merchants to supply arms from Holland. Duke of Hamilton to preside in the chancellor’s absence in all commissions in his name.
7	21 February 1693	William R. Read & recorded 25 February 1693 Commissions given to John Lord Strathnaver & Sir James Moncreif to be colonels of the new regiments of foot which have been appointed to be raised & levied in Scotland & transported to Ireland.
8	21 February 1693	William R. Read & recorded 25 February 1693 Proclamation authorised for continuing the adjournment of parliament from 1st March to 6^th April.
9	28 February 1693	William R. Read & recorded 6 March 1693 Recommendation to the council to find the most speedy & effectual means of levying thr required seamen who will be paid 40 shillings and receive the same pay, entertainment and encouragement as English seamen. Convoys will be on hand to transport recruits on the last day of April.
10	23 March 1693	William R. Read & recorded 4 May 1693 Concerning some ordinance & artillery held in Edinburgh Castle purportedly belonging to the Earl of Argyll. Council to take trial and mark in their books what belongs to Argyll
11	23 March 1693	William R. Read & recorded 4 April 1693 Council authorised to issue a proclamation promising & assuring a full & free indemnity to all and every deserter who would return to their ‘collours’ within two months after the date of the proclamation.
12	20 March 1693	William R. Read & recorded 28 April 1693 Charles, Earl of Selkirk and Lord Ross added to the Privy Council.
13	3 August 1693	William R. Read & recorded 25 August 1693 Council authorised to proceed against {omitted²} Calder, minister for being the author of a treasonable and seditious manifesto. – Calder to be made an example of so ‘that others may stand in awe and feare.’
14	14 August 1693	William R. Read & recorded 29 August 1693 No member of the Privy Council, Commissioners of the Treasury or Enqueuer, Officers of the army or others employed in public trust to leave the kingdom without obtaining leave and allowance.
15	14 August 1693	William R. Read & recorded 29 August 1693 Proclamation authorised for adjourning parliament from 12th September to 9^th January.
16	14 August 1693	William R. Read & recorded 29 August 1693 Concerning the imposition upon ale and beer granted to the town of Glasgow.
17	30 September 1693	William R. Read & recorded 10 October 1693 Transportation of corns from Scotland to France is to be prohibited as in England & Ireland, so as not to ‘supply the necessities of our Enemies in France, where there is great scarcity.‘
18	19 August 1693	William R. Read & recorded 25 August 1693 Concerning the seizure of a ship by an English privateer in the River Forth. ‘you may be well satisfied of our care and Concern Wee take of the Rights, Imunities and Honour of our ancient Kingdom as well as of its welfare and Trade.’
19	7 September 1693	William R. Read & recorded 26 September 1693 Proclamation authorised to appoint a meeting of the General Assembly at Edinburgh on 6^th December.
20	24 November 1693	William R. Read & recorded 28 November 1693 Proclamation authorised adjourning the meeting of the General Assembly from 6th December to 29^th March 1694
21	19 December 1693	William R. Read & recorded 26 December 1693 Proclamation authorised continuing the adjournment of parliament from 9^th January to 15th March.
22	9 December 1693	William R. Read & recorded 14 December 1693 Concerning the recruitment of troops for Flanders
23	30 December 1693	William R. Read & recorded 5 January 1693 Concerning the establishment of a Commission of Justiciary for the better settling of justice, peace and good order in the Highlands.
24	30 December 1693	William R. Read & recorded 11 January 1694 Response to a petition of Alexander Bruce & partners expressing concern of the difficulties in suppling oats. Straw & hay for the army ‘partly by the more than ordinary scarcity of forage this year, and partly by the backwardness of the Country people to sell any.’
25	1693	A list of the Commissioners of Justiciary in the Highlands.

7. FOUR BONDS FOR REPAIRING OF KIRKS [1693] 4 items
1	21 February 1693 D1693/2/14	Mr Thomas Harvy, minister of Auchterderran to employ the vacant stipend of the parish for repairing the kirk & manse, building a kirk dyke and a bridge that leads to the church & other pious uses. Cautioner: James Broune
2	25 February 1693 D1693/2/6	Mr John Innes of Culrain appointed as factor for uplifting the vacant stipend of Longbryde to be employed for repairing the kirk & manse. Cautioner: Alexander Innes
3	28 February 1693	Mr Hugh McHenry, minister of Daltown appointed as factor for uplifting the vacant stipend to be employed for repairing the kirk & manse.
4	30 June 1693	Mr William Boyle, minister in Edinburgh appointed as factor for uplifting the vacant stipend of the parish of Stewartown to be employed for repairing the church & manse, building bridges and a dyke and other pious uses.

8. BONDS OF CAUTION [1693] 94 items
1	29 June 1693	Receipt for bond given up to Mr David Murray of Stenhope for his peaceable behaviour.
2	30 June 1693	Receipt for bond given up to John Herbertsone of Barrachen for his peaceable behaviour.
3	20 October 1693	Double discharge concerning the bond of Sir Thomas Moncreiff
4	17 January 1693	Receipt to Mr William Stirling for Captain William Dalmahoye‘s bond
5	1690-1693	Inventory of bonds taken for living peaceably & appearing when called for, since 1^st November 1690
6	10 January 1693	Thomas Kellie liberated from the Edinburgh tolbooth upon bond/caution to live peaceably, appear when called, not correspond with rebels. Cautioner: Robert Hall
7	13 January 1693	John Meinzies, student of the law permitted to go abroad for his studies upon bond/caution. Will not go to France under a penalty of 2000 merks scots.
8	17 & 24 January 1693	Jmaes Gordon to be set at liberty by the magistrates of Dundee upon bond/caution to live peaceably with all submission to the present government, and appear when called, under penalty of 500 merks Scots. Cautioner: David Cullen
9	19 January 1693	Bond & enactment by John McLauchlane & Andrew Mcapine, prisoners in the tolbooth of Edinburgh for alleged theft or robbery. By order & warrant of the council they were to be delivered to the Earl of Leven and enlisted as soldiers.
10	21 January 1693	Robert Smyth appointed as factor for uplifting the vacant stipend of Anstruther Wester and rent of the gleib, to be employed for repairing the kirk and manse & other pious uses.
11	8 February 1693	Euphine Ramsey, imprisoned on suspicion of supplying the Bass with coals to be liberated upon his cautioners giving bond/caution that they will present him before the Lords of Privy Council when cited under penalty of 500 merks.
12	15 February 1693	Sergeant William Faa to be liberated from Canongate tolbooth, on order of the committee appointed to take trial anent robbers, upon bond/caution he shall appear before the council when cited under a penalty of 1000 merks Scots.
13	20 February 1693	Thomas Stewart, Peter Welsh, John Reid and John Park to be liberated from Edinburgh tolbooth upon finding bond/caution they were delivered to Capt. William Gordon in the Earl of Leven’s regiment. None are to return to the kingdom under pain of death.
14	23 February 1693	John Hay to be liberated from the Edinburgh tolbooth on order of the committee anent soldiers, upon bond/caution to appear when called under penalty of 10 pounds Sterling.
15	24 February 1693	John Eastoun liberated from Canongate tolbooth on order of the committee appointed for trying thieves & robbers, upon bond/caution to appear when called and answer any charges put before him, under pain of 500 merks Cautioner: William Brotherstains
16	28 February 1693	Robert Calder, minister bond and obliges himself to appear before the council when called under penalty of 100 pounds Sterling. Cautioner: Charles Dallas
17	28 February 1693	Thomas Riddell, skipper in Leith, liberated from Edinburgh tolbooth by the committee appointed to examine him anent the loading of his ship designed for Bilboe in Spain, upon bond/caution he shall appear before the committee when called & answer any charges put before him under penalty of 100 pounds Sterling. Cautioner: John Duncane
18	28 February 1693	Andrew Cant, minister, bond and obliges himself to appear before the council when called under penalty of 100 pounds Sterling.
19	1 March 1693	Alexander Kincaid liberated by the committee anent thieves & robbers upon bond/caution to appear when called and answer any charges put before him, under penalty of 100 pounds Sterling. Cautioners: James Kincaid & John Kincaid
20	4 March 1693	William Lindsey, coachman to the Visc. of Stair liberated by the committee appointed to take trial into the tumult in Edinburgh, upon bond/caution to appear when called and answer any charges put before him, under penalty of 100 pounds Sterling. Cautioner: William Lindsey, tailor in Edinburgh
21	6 March 1693	Alexander Crawfurd liberated from Canongate tolbooth by the committee for trying thieves & robbers upon bond/caution to appear when called and answer any charges put before him. Under penalty of 500 merks scots.
22	8 March 1693	William Cockburne liberated upon bond/caution to live peaceable with all submission to the government. Not to converse with rebels and to appear when called. Cautioner: James Cockburns
23	8 March 1693	George Swyne liberated on bond/caution to live peaceable with all submission to the government. Not to converse with rebels and to appear when called. Cautioner: William Andersone
24	11 March 1693	Ensign John Lothian liberated upon bond/caution to live peaceable with all submission to the government. Not to converse with rebels and to appear when called. Cautioner: Patrick Murray
25	[pinned together] 11 March 1693 3 July 1693 3 July 1693 10 July 1693	Receipt of the Visc. Of Frendraught’s bond Letter from Visc. Fredraught concerning his bond & payment to the clerks. Confirmation from George Shaw, lieutenant in Stirling Castle that Fredraught entered himself prisoner within the castle. Letter to Mr Patrick Creightoune ‘to be found at the Council Chamber’ from Visc. Fredraught, acknowledging receipt of his bond.
26	15 March 1693	Alexander Smith, merchant in Aberdeen, liberated upon bond/caution to appear when called and be witness against Alexander Morisone & Patrick Strachan in any process before the Lords of Justiciary under penalty of 500 merks.
27	17 March 1693	James Bruce liberated upon bond/caution to live peaceable with all submission to the government. Not to converse with rebels and to appear when called, under penalty of 100 pounds Sterling. Cautioner: Robert Boyd & John Buchanan
28	17 March 1693	John Jaffrey liberated upon bond/caution liberated upon bond/caution to appear when called and be witness against Alexander Morisone & Patrick Strachan in any process before the Lords of Justiciary, for expressions uttered by them against the government. Under penalty of 500 merks. Cautioner: John Horn
29	25 March 1693	Alexander Scott, writer in Edinburgh, under bond/caution to appear when called before the privy council, to live peaceably with submission to the government, not converse with rebels, under penalty of 500 merks scots. Cautioner: Charles Chalmers
30	22 April 1693	Alexander Crichtonne, alleged to be a popish priest, in prison in tolbooth of Edinburgh, upon bond/caution to leave the kingdom with the fleet under the convoy of the man-of-war in the road of Leith before 20th May or present himself to the Lord High Chancellor under penalty of 100 pounds Sterling. Cautioner: Robert Blackwood & Hugh Neilsone
31	22 April 1693	Robert Davidsone, alleged to be a popish priest, in prison in tolbooth of Edinburgh, upon bond/caution to leave the kingdom with the fleet under the convoy of the man-of-war in the road of Leith before 20th May or present himself to the Lord High Chancellor under penalty of 100 pounds Sterling. Cautioner: George Davidson
32	2 April 1693	George Gordon, alleged to be a popish priest, in prison in tolbooth of Edinburgh, upon bond/caution to leave the kingdom with the fleet under the convoy of the man-of-war in the road of Leith before 20th May or present himself to the Lord High Chancellor under penalty of 100 pounds Sterling. Cautioner: John Riddoch & John Maxwell
33	22 April 1693	James Hepburne, alleged to be a popish priest, in prison in tolbooth of Edinburgh, upon bond/caution to leave the kingdom with the fleet under the convoy of the man-of-war in the road of Leith before 20th May or present himself to the Lord High Chancellor under penalty of 100 pounds Sterling. Cautioner: William Thomsone
34	4 May 1693	Robert Murray bonds himself as cautioner for Hector Stewart, James Wauch and James Jonstone that they shall make payment to the Lord High Treasurer or the Lords of their majesty’s treasury of 20 merks scots a piece for their escheat goods if they are denounced by the lords as rebels.
35	8 May 1693	Archibald Watson bonds himself as cautioner for Adam & Walter Mitchell
36	13 May 1693	Malcome Hendersone & Elizabeth Ogilvie under bond/caution to appear when called before the privy council, to live peaceably with submission to the government, not converse with rebels, under penalty of 1000 merks scots. Cautioner: Robert Walwood
37	13 May 1693	Bond of caution in lawburrows, Walter Riddell & Androw Ogilvie as cautioners that William Scott & James Thomsone shall be harmless & skaithless of Thomas Gray under penalty of 3000 merks Scots.
38	17 May 1693	James Strachan, late minister at Kilfillan liberated under bond/caution not to preach or exercise any part of the ministerial function within the kingdom under penalty of 500 merks Scots.
39	1 June 1693	Parole of honour, Sir William Bruce of Kinross promises to enter himself into the Castle of Stirling before 14th June. Witnesses: John Nicoll & George Cook
40	2 June 1693	Androw Edisone under bond/caution to appear when called before the privy council, to live peaceably with submission to the government, not converse with rebels, under penalty of 500 merks Scots.
41	3 June 1693	John Lambie, late minister liberated under bond/caution not to preach or exercise any part of the ministerial function within the kingdom and appear when called underr penalty of 500 merks Scots. Cautioner: Hary Grahame
42	6 June 1693	David Ogilvie to be liberated upon renewing his bond to live peaceable with all submission to the government. Not to converse with rebels and to appear when called, under penalty of ten thousand merks Scots
43	19 June 1693	James Campbell to be liberated from Edinburgh tolbooth upon bond/caution he be delivered to the Earl of Argyll’s regiment and leave on the first fleet going forth from the kingdom. Under penalty of 500 merks Scots. Cautioner: Archibald, Earl of Argyll
44	21 June 1693	Captain George Douglas liberated from Canongate tolbooth under bond/caution that he shall re-enter the tolbooth within four or five hours after leaving under penalty of 5000 merks Scots.
45	23 June 1693	David Lindsay was fined one years valued rent for refusing to swear and sign the Oath of Allegiance and sign the assurance. Under bond/caution to make payment to Thomas Moncrieff of that ilk, General Receiver.
46	23 June 1693	William Cochrane, younger of Ochiltree was fined one years valued rent for refusing to swear and sign the Oath of Allegiance and sign the assurance. Under bond/caution to make payment to Thomas Moncrieff of that ilk, General Receiver.
47	23 June 1693	Alexander McLeish, ship carpenter in Dunbar, to be liberated upon bond/caution to live peaceable with all submission to the government. Not to converse with rebels and to appear when called, under penalty of 500 merks Scots
48	23 June 1693	Michael Elphingstone was fined one years valued rent for refusing to swear and sign the Oath of Allegiance and sign the assurance. Under bond/caution to make payment to Thomas Moncrieff of that ilk, General Receiver
49	23 June 1693	William Eliot was fined one years valued rent for refusing to swear and sign the Oath of Allegiance and sign the assurance. Under bond/caution to make payment to Thomas Moncrieff of that ilk, General Receiver
50	23 June 1693	James Crafurd was fined one years valued rent for refusing to swear and sign the Oath of Allegiance and sign the assurance. Under bond/caution to make payment to Thomas Moncrieff of that ilk, General Receiver
51	23 June 1693	John Buchanan older & younger, both fined one years valued rent for refusing to swear and sign the Oath of Allegiance and sign the assurance. Under bond/caution to make payment to Thomas Moncrieff of that ilk, General Receiver
52	23 June 1693	Sir Archibald Kennedie of Culzean was fined one years valued rent for refusing to swear and sign the Oath of Allegiance and sign the assurance. Under bond/caution to make payment to Thomas Moncrieff of that ilk, General Receiver
53	24 June 1693	Laurance Crauford of Jordanhill, was fined one years valued rent for refusing to swear and sign the Oath of Allegiance and sign the assurance. Under bond/caution to make payment to Thomas Moncrieff of that ilk, General Receiver
54	28 June 1693	Robert Patersone, principal of Marishall College allowed to return to his charge upon giving bond/caution to appear when called under penalty of 1000 merks Scots. Cautioner: William Black
55	28 June 1693	Master John Cockburne, late minister of Ormiston, liberated from Edinburgh tolbooth upon bond/caution that he shall depart from the kingdom before the next council day in August, never to return without a council warrant under penalty of 5000 merks.
56	28 June 1693	Robert Sinclair giving bond on behalf of Lady Largo. That she be liberated from Edinburgh tolbooth, live peaceable with all submission to the government & not converse with rebels. Lady Largo is also to appear before the council when called, under penalty of one hundred pounds sterling.
57	28 June 1693	George Fraser, principal of the King’s College allowed to return to his charge upon giving bond/caution to appear when called under penalty of 1000 merks scots Cautioner: John Buchan
58	29 June 1695	John Murray was fined one years valued rent for refusing to swear and sign the Oath of Allegiance and sign the assurance. Under bond/caution to make payment to Thomas Moncrieff of that ilk, General Receiver
59	29 June 1693	James Seatoune was fined one years valued rent for refusing to swear and sign the Oath of Allegiance and sign the assurance. Under bond/caution to make payment to Thomas Moncrieff of that ilk, General Receiver
60	29 June 1693	Sir Patrick Scott younger of Ancrum was fined one years valued rent for refusing to swear and sign the Oath of Allegiance and sign the assurance. Under bond/caution to make payment to Thomas Moncrieff of that ilk, General Receiver
61	29 June 1693	Sir David Murray of Stenhope was fined one years valued rent for refusing to swear and sign the Oath of Allegiance and sign the assurance. Under bond/caution to make payment to Thomas Moncrieff of that ilk, General Receiver
62	29 June 1693	Captain john Bell was fined one years valued rent for refusing to swear and sign the Oath of Allegiance and sign the assurance. Under bond/caution to make payment to Thomas Moncrieff of that ilk, General Receiver
63	29 June 1693	Archibald Stirline was fined one years valued rent for refusing to swear and sign the Oath of Allegiance and sign the assurance. Under bond/caution to make payment to Thomas Moncrieff of that ilk, General Receiver
64	29 June 1693	James Grahame was fined one years valued rent for refusing to swear and sign the Oath of Allegiance and sign the assurance. Under bond/caution to make payment to Thomas Moncrieff of that ilk, General Receiver
65	1 July 1693	Bass Singall, ‘a blackmore’ imprisoned for being at the tumult in Edinburgh the previous March. Liberated from Edinburgh tolbooth upon bond/caution to live peaceable with all submission to the government. Not to converse with rebels or be part of any tumults, and to appear before the council when called, under penalty of 500 merks Scots.
66	1 July 1693	George Hog liberated by the committee anent prisoners, upon bond/caution to live peaceable with all submission to the government. Not to converse with rebels and to appear when called, under penalty of 300 merks.
67	1 & 12 July 1693	John Hadden was fined one years valued rent for refusing to swear and sign the Oath of Allegiance and sign the assurance. Under bond/caution to make payment to Thomas Moncrieff of that ilk, General Receiver
68	3 July 1693	Patrick Smith, advocate, liberated on bond/caution to live peaceable with all submission to the government. Not to converse with rebels and to appear when called under penalty of 500 merks. Cautioner: William Smith
69	5 July 1693	Katharine Robertsone, relict of the deceased Androw Foord, liberated from Edinburgh tolbooth on bond/caution to appear when called under penalty of 500 merks Scots.
70	8 July 1693	The Earl of Perth’s departure from the kingdom is delayed upon his cautioners, William Drummond, Adam Drummond, David Drummond David Drummond, George Drummond, John Drummond and David Drummond giving bond/caution that he shall live peaceably with submission to the government, not contrive with any rebels and appear when called any time before the departure of the first ship leaving.
71	8 July 1693 11 August 1693 18 August 1693	Handwritten note of witnesses signing bonds on 3 separate occasions & venues.
72	14 July 1693	John Guthrie liberated from the Guardhouse in Edinburgh on bond/caution to live peaceably with submission to the government, not contrive with any rebels and appear before the council when called under penalty of 50 pounds Sterling.
73	19 July 1693	Alexander Frazer to live peaceably with submission to the government, not contrive with any rebels and appear before the council when called under penalty of 5000 merks scots. Cautioners: Duncan Forbes of Culloden & Aneas McLeod
74	3 August 1693	Mistress Ann Murray, lawful daughter to Lt. Col. James Murray to live peaceably with submission to the government, not contrive with any rebels and appear before the council when called under penalty of 100 pounds Sterling.
75	18 August 1693	James Wilsone, by order of the Lord Advocate, to be liberated upon giving bond/caution to enter himself in the tolbooth when required, and in the meantime to live peaceably with submission to the government, not contrive with any rebels and appear before the council when called under penalty of 500 merks Scots.
76	31 August 1693	George Irvine to be liberated on bond/caution to live peaceably with submission to the government, not contrive with any rebels and appear before the council when called under penalty of 50 pounds Sterling Cautioner: John Robertson
77	9 September 1693	James McGill, prisoner for alleged disaffection to the government after coming from France is liberated on bond/caution to live peaceably with submission to the government, not contrive with any rebels and appear before the council when called under penalty of 50 pounds Sterling
78	9 September 1693	Alexander Kynoch to be liberated on bond/caution to depart from the kingdom before the 1^st October, never to return on pain of death.
79	7 October 1693	Marion Maxwell was apprehended & imprisoned by the Lord Advocate – liberated on bond/caution to appear before the council when called, under penalty of 1000 merks scots.
80	3 November 1693	Receipt of Mr Thomas Gordon’s bond.
81	6 November 1693	John Vance of Barnbarroch appointed factor for uplifting the vacant stipend of the parishes of Kirkinder & Longcastle to be employed for repairing the kirk yard, dykes & manse.
82	8 November 1693	Hary Mauld imprisoned in Edinburgh Castle for not giving bond for his fine of a year’s valued rent for not signing the Oath of Allegiance or the Assurance. – liberated upon bond/caution to make payment to Thomas Moncrieff of that ilk, General Receiver
83	8 November 1693	John Elphinstone imprisoned in Edinburgh Castle for not giving bond for his fine of a year’s valued rent for not signing the Oath of Allegiance or the Assurance. – liberated upon bond/caution to make payment to Thomas Moncrieff of that ilk, General Receiver with no more delay.
84	9 November 1693	Col. John Balfour imprisoned in Edinburgh Castle for not giving bond for his fine of a year’s valued rent for not signing the Oath of Allegiance or the Assurance. – liberated upon bond/caution to make payment to Thomas Moncrieff of that ilk, General Receiver
85	10 November 1693	Archibald Ker of Greden imprisoned in Edinburgh Castle for not giving bond for his fine of a year’s valued rent for not signing the Oath of Allegiance or the Assurance. – liberated upon bond/caution to make payment to Thomas Moncrieff of that ilk, General Receiver
86	10 November 1693	Thomas McDougall imprisoned in Edinburgh Castle for not giving bond for his fine of a year’s valued rent for not signing the Oath of Allegiance or the Assurance. – liberated upon bond/caution to make payment to Thomas Moncrieff of that ilk, General Receiver
87	10 November 1693	William Hamiltoun imprisoned in Edinburgh Castle for not giving bond for his fine of a year’s valued rent for not signing the Oath of Allegiance or the Assurance. – liberated upon bond/caution to make payment to Thomas Moncrieff of that ilk, General Receiver
88	11 & 13 November 1693	Robert Griersone of Lagg imprisoned in Edinburgh Castle for not giving bond for his fine of a year’s valued rent for not signing the Oath of Allegiance or the Assurance. – liberated upon bond/caution to make payment to Thomas Moncrieff of that ilk, General Receiver
89	4 December 1693	Euphaine Colstane’s sentence of death was commuted to banishment upon enacting to transport herself on the first ship to their majesty’s plantations in America under supervision of the magistrate. Never to return on pain of death
90	7 December 1693	John McNaughtone to be liberated from Canongate tolbooth on giving bond/caution to live peaceably with submission to the government, not contrive with any rebels and appear before the council when called under penalty of 500 merks Scots
91	14 December 1693	John Brown liberated under bond/caution to live peaceably with submission to the government, not contrive with any rebels and appear before the council when called under penalty of 500 merks Scots
92	20 December 1693	Receipt of bond by Agnes Scott
93	20 December 1693	Agnes Scott to be liberated from Edinburgh tolbooth on bond/caution to live peaceably with submission to the government, not contrive with any rebels and appear before the council when called under penalty of 100 pounds Sterling
94	23 December 1693	Alexander Jamesone, minister of the gospel, imprisoned in Edinburgh tolbooth for allegedly counterfeiting the ‘Earl of Kintor’s subscription to a missive letter’ – liberated on bond/caution to appear before the council when called under penalty of 1000 merks Scots

9. MISC. ITEMS [1693] 7 items
1	14 March 1693	Act in favour of Elizabeth, Countess Dowager of Lauderdale
2	11 May 1693	Minutes of a committee concerning the taking Oath of Allegiance
3	26 May 1693	List of persons under bond to appear before the privy council when called.
4	26 May 1693	Order & warrant granted to Lt. Col. John Erskine, deputy governor of the Castle of Stirling to detain Robert Viscount of Oxford into the castle to be detained as a prisoner.
5	June/July 1693	List of persons summoned before the council in June & July 1693
6	3 August 1693	[short note] Recommendation to the Visc. of Tarbat to verify the minutes of the last session of parliament, see they are in good form for printing and report to the committee in September.
7	5 September 1693	[Long version] Recommendation to the Visc. of Tarbat to verify the minutes of the last session of parliament, see they are in good form for printing and report to the committee in September.

10. ROYAL LETTERS [1694] 17 items
1	28 February1694	William R. Read & recorded 8 March 1694 Concerning the raising of two regiments of foot and one of dragoons.
2	7 March 1694	William R. Read & recorded 12 March 1694 Proclamation authorised for adjourning Parliament.
3	4 December 1694	William R. Read & recorded 11 December 1694 Duke of Gordon granted the liberty of Edinburgh due to his ill health.
4	28 February 1694	William R. Read & recorded 4 April 1694 Lord Yester added to the privy council.
5	28 February 1694	William R. Read & recorded 24 April 1694. John Lord Murray added to the privy council.
6	17 December 1694	William R. Read & recorded 25 December 1694. Concerning the need for recruits for Flanders
7	28 February 1694	William R. Read & recorded both in the books of privy council & in the books of adjournal of the Justice court, 3rd April 1694 Authorising the Justice clerk Adam Cockburn to have power to name and appoint one or more deputies.
8	28 February 1694	William R. Read & recorded 4 April 1694. Authorising & requiring Sir John Hall, the Provost of Edinburgh to be added to the privy council.
9	22 January 1694	William R. Read & recorded 1 February 1694. Concerning the levying of recruits from several shires.
10	30 April 1694	William R. Read & recorded 10 May 1694. Approving the articles for the calculation of the bass, indemnity & liberty to those who take the benefit of it. Maj. Gen. Livingstone to demolish all fortifications & remove cannons & ammunition.
11	28 November 1694	William R. Read & recorded 4 December 1694. Proclamation authorised for adjourning Parliament.
12	5 July 1694	William R. Read & recorded 24 July 1694. Authorising a proclamation for the continuation of the adjournment of Parliament.
13	24 April 1694	William R. Read & recorded 17 July 1694. Authorising & requiring the Earl of Morton be added as a member of the privy council.
14	10 December 1694	William R. Read & recorded 17 December 1694. ‘we recommend to your care the peace and quiet of the kingdom’ matters of the moment that can delayed without prejudice to the kingdom should be. Also informed that the Exchequer does not meet due to some debates among commissioners, however, ‘wee require you to signify to such of your number as are of the Exchequer, and to the other members of that board our pleasure, that they meet and act according to the directions contained in our letter to them’
15	13 October 1694	William R. Read & recorded 30 October 1694. Authorising & requiring a proclamation for continuing the adjournment of Parliament.
16	28 November 1694	William R. Read & recorded 12 December 1694. Concerning levying of recruits for Flanders.
17	10 December 1694	William R. Read & recorded 17 December 1694. Concerning levying of recruits for Flanders. All sheriffs, their deputies, justices of the peace, magistrates, commanders of our forts, officers of the standing forces, and all other good subjects required and encouraged to give assistance in this matter.

11. BONDS OF CAUTION [1694] 14 items
1	6 February 1694	Edward House as Cautioner: for John the Earl of Cassilis, that the Earl and his tenants shall pet the modified stipend in money & victual for lands belonging to them.
2	23 February 1694	Captain John Home allowed to attend his company on bond/caution to attend when cited by the council in the process against him by the son & relict of James Dunlop.
3	23 February 1694	Captain Robert Bruce allowed to attend his company on bond/caution to attend when cited by the council in the process against him by the son & relict of James Dunlop.
4	22 March 1694	James Pattoune liberated from Edinburgh tolbooth on bond/caution to live peaceably with all submission to the government, under penalty of 100 pounds sterling. Cautioners: Alexander Cochrane & David Malcolme
5	17 April 1694	Cautioner for John Mitchell, collector of the supply in Shetland, giving bond/caution that Mitchell shall appear before the privy council on the 2^nd Tuesday in June to answer a process of libel raised against him by Charles Stewart
6	5 May 1694 See D1694/5/4	Robert Grier gives bond/caution that his brother William Grier will not come to his house or family under a penalty of 500 merks Scots, in respect that he ‘has been a bad influence and the occasion of ill understanding betwixt my wife and me.’ Part of a process raised before the council on 2^nd May against Grier and his brother by Margaret Grahame, his wife.
7	20 July 1694 & 13 August 1694	James Kenway, late baillie in Kinross, appointed as factor to uplift a voluntary collection in the parishes of Fife, Perth, Kinross & Elgin, to be employed in building a bridge over the water of Neither Quiech at the town end of Kinross. Small separate folio stating bond is signed by James Kennoway in Kinross on front of witnesses on 13^th August.
8	24 July 1694	Hugh Craigie, late Provost of Kirkwall was removed as provost of Kirkwall by order of the privy council and ordered to oblige himself to make payments to several named witnesses cited in the process against him. Payment to be made before 2^nd August under a penalty of 100 pounds Scots. [written note on reverse: 3^rd August 1694 by Thomas Veach, advocate]
9	7 August 1694	James Lumsdeane that he shall appear, when cited, before the committee of council on penalty of 500 merks. Cautioner: Robert Donglass
10	29 August 1694	Bond of caution in lawburrows for John Morisone & James Kirk as Cautioner:s that William Lindsay, Robert Fisher and Archibald Lindsay shall be ‘harmless & skaithless’ of the said Robert Coltart under penalty of 1000 merks.
11	15 October 1694	John McDonald; prisoner in Edinburgh tolbooth, to be liberated on giving bond, on his release he will immediately remove himslef from the kingdom.
12	15 December 1694	By Sir William R Bruce of Kinross; confinement temporarily lifted so that he may attend his necessary affairs. he shall live peaceably with submission to the government, not converse with any rebels and return to his confinement in his house in Kinross after 1^st March.
13	22 December 1694	Alexander Hamilton of Kinkell; appointed factor for uplifting a voluntary collection for building a harbour at Kinkell. Cautioner: John Lundie, younger
14	22 December 1694	Letter addressed to Mr David Moncrieff, one of the clerks of Privy Council giving confirmation that the bond of Hamilton [see previous entry] was signed in front of witnesses. Signed: your most humble servants, James Smith, Jo. Wilsones, Jo. Morieson, John Bonyman and McPhersone

12. MISC. ITEMS [1694] 5 items
1	23 December 1694	Letter. St Andrews 23 December 1694 From Andrew Falconer to Patrick Falconer, writer in Edinburgh
2	1694 [after 20 April 1694]	Articles of Agreement for delivery of the Bass
3	5 March 1694	Petition for James Hogan, William R Ledly, James Penman & Hector Murdoch. ‘poor country servants, some of us helping to procrure livelihood for pur poor, old parents’. Requesting liberation after being apprehended as soldiers by Ensign James Lawson.
4	20 September 1694	Timetable issued by the Commissioners for securing the peace in the Highlands, ordaining that all landlords, heritors, Clan heads, boatmen, ministers [and more] to appear in Inveraray on certain days to give bond & caution for their honesty and fidelity. Document includes detailed orders of… – Lists to be presented of all tenants on their lands over the age of 12 – List of all boats and ferryboats – Those of the names Gregor & McGregor to take new names – no minister to baptise any male child with the name Gregor or McGregor. And more.
5	28 September 1694	Receipt of Kilsyth’s tenants accounts

13. FOUR BONDS FOR REPAIRING OF KIRKS [1694] 4 items
1	8 February 1694 D1694/1/22	Alex Alexander, minister in Glass, appointed as factor for uplifting, gathering & collecting money for repairing the kirk in Glass.
2	19 April 1694 D1694/4/8	James Baillzie, merchant appointed as factor for uplifting the vacant stipend of Elie, to be employed for repairing the kirkyard in the parish.
3	3 May 1694 D1694/3/31	James Campbell, appointed as factor for uplifting the vacant stipend of Lecroft to be employed for repairing the kirkyard in the parish & other uses
4	23 June 1694 D1694/6/9	James Geddess, appointed as factor for uplifting the vacant stipend of Kirkurd, to be employed for pious uses in the parish

14. ROYAL LETTERS [1695] 21 items
1	19 December 1694	William R. Read & recorded 29 January 1695 Sir George Campbell of Cesnock to be added to the Privy Council.
2	12 January 1695	William R. Read & recorded 22 January 1695 William, Earl of Annandale was nominated by the Privy Council to join the council, royal approval was delayed as their ‘might be a point of pretention of Right in the case.’ Approval now given and Annandale to be added to the Privy Council.
3	27 April 1695	William R. Read & recorded 28 May 1695 The liberty of the town of Edinburgh and surrounding 4 miles, granted to the Duke of Gordon extended for 6 months from 1st June.
4	16 December 1695	William R. Read & recorded 26 December 1695 Concerning Scottish recruits for Flanders. – refers to previous letter of 3^rd December.
5	26 October 1695	William R. Read & recorded 5 November 1695 Proclamation authorised to adjourn the General Assembly of the Church from 20^th November to 17^th December.
6	7 February 1695	William R. Read & recorded 12 February 1695 Further instructions regarding the draughts for Flanders contained in previous letters dated 28^th November & 3^rd December.
7	13 April 1695	William R. Read & recorded 17 April 1695 Proclamation authorised for the further adjournment of Parliament to 9th May.
8	26 October 1695	William R. Read & recorded 5 November 1695 Further adjournment of parliament from 7^th November 1695 to 20 March 1696
9	6 April 1695	William R. Read & recorded 12 April 1695 Response to privy council’s letter about the money. The council is authorised to raise the value of the coin in the kingdom and of any species of foreign coin as they shall judge to be most for the value of the nation.
10	26 February 1695	William R. Read & recorded 6 March 1695 The Duke of Gordon’s liberty from confinement is further extended for a further 3 months from 1^st March, upon which time he will re-enter Edinburgh Castle as a prisoner on 1^st June.
11	27 April 1695	William R. Read & recorded 25 June 1695 ‘Whereas in consideration of the duty and zeal which our good town of Edinburgh hath showen to us upon all occasions. Wee are resolved as a mark of our Royal favour to the said Town That the provosts thereof for the time shall heirafter be members of our privy councell during their being Provosts.’ Robert Christie, the present provost added to the privy council.
12	27 April 1695	William R. Read & recorded 26 May 1695 A petition from the officers of the regiments transmitted to the king by the council is approved. They are allowed an extension of one month to recruit soldiers and fill their regiments.
13	3 December 1695	William R. Read & recorded 10 December 1695 Scots regiments in Flander in urgent need of recruits. Contains specific numbers of troops to be drafted from home regiments and details of pay to encourage recruitment of men.
14	17 April 1695	William R. Read & recorded 9 July 1695 Specifies that it is necessary to know what shall be done in Parliament about Church matters before the meeting of the General Assembly, therefore, if the council receive no instructions before the scheduled meeting on 11^th July then a proclamation is to be issued adjourning the meeting of the General Assembly until 20^th November.
15	12 January 1695 {London}	Letter Read and recorded 17 January 1695 From John Dalrymple to the Privy Council Response to the council’s letter of condolences on the death of Queen Mary the previous month. (28^th December 1694). Your letter of condolences presented to the king by my Lord Chancellor as your Lordships: I am commanded to signify to your Lordships that his Majesty takes your application to him at this time very wele and returns yow his thanks for the deuty and affection yow have expressed to him therein: Blessed be god his Majesty’s health is as good as can be expected in his circumstances Bot the tenderness of his grief hath not allowed him hitherto to singn letters or do business Bot he hath ordered his acceptance of your address to be communicated to your Lordships.
16	23 January 1695 {London}	Letter Read & recorded 29 January 1695 From John Dalrymple to the Privy Council Response to a letter to the king from the council seeking clarification on several military matters. Predominantly concerning deserters. All deserters that have run away may be seized by any officer come from Flanders whether they recruited them or not.
17	23 March 1695	William R. Read & recorded 28 March 1695 The Earl of Home, presently at liberty under bail to appear when called, is to be seized and committed to the Castle of Edinburgh until further notice.
18	28 February 1695	William R. Read & recorded 7 March 1695 Concerning James Vallance who, around 15 years ago killed William MacFarlane of Kirktoun and subsequently received a reprieve. He has since ‘lived as a fine man, and hath as a loyall subject served in our Army in Scotland and all our wars in Ireland.’ Therefore, a further reprieve of 7 years from the date of the letter is granted & Vallance is to be liberated.
19	23 March 1695	William R. Read & recorded 28 March 1695 Proclamation authorised to adjourn the meeting of the General Assembly from [omitted] April to 11^th July.
20	5 February 1695	William R. Read & recorded 12 February 1695 Proclamation authorised for continuing the adjournment of Parliament from 15th February to 21st March.
21	15 March 1695	William R. Read & recorded 19 March 1695 Proclamation authorised for continuing the adjournment of Parliament from 21st March to 18th April.

15. MISC. ITEMS [1695] 24 items
1	2 April 1695	Individual oaths, reports and accounts of named persons submitted to the committee for revising the accompts [all on one single folio.]
2	1695	Report of the committee of Privy Council appointed for revising the accompts resting by his Majesty’s forces to the country.
3	19 February 1695 D1695/2/24	Petition for Capt. Alexander Campbell of Lord Lorne’s regiment. Concerning John Mullion, a vagabond who having neither wife, family nor employment, was engaged in service. Mullion’s recruitment is being challenged by some who ‘pretend interest in him’ and upon their complaint Campbell has been imprisoned. [on reverse] 19th February 1695: Petition remitted to the committee appointed anent soldiers & recruits. [Campbell was subsequently liberated on 21st February upon giving bond that he would produce John Mullion before the committee.]
4	16 February 1695	Attestation by Capt. David Graham of Lord Murray’s regiment. After being informed by several gentlemen ‘of good repute’ that John Mulleon was a thief and a vagabond, he went ‘having a little boy only with me’ to apprehend him. When asked why he was giving such resistance to the king’s officers, Mullion replied ‘God damn yow your king and Campbell‘.
5	16 February 1695	Short handwritten note requesting the council take into their consideration the condition of John Mullione who was pressed by Captain Campbell of Finabb. Response signed by Leven – The committee anent soldiers ordain Capt. Campbell, in the Earl of Argyle’s regiment, to appear before them to answer for pressing John Mullione, and to bring the said John, and witnesses with him.
6	16 February 1695	Attestation by John Wauch At Linlithgow on 16^th February 1695 John Mullion was lifted to serve the King and did willingly take the money, as witnessed by Robert Turnbull, the present provost and John Wauch.
7	19 February 1695	Petition of John Stevinson of Kilmarnock now prisoner in Edinburgh Castle. Protesting his recruitment into military service, by being ‘violently seized and carried away’. Commander of the Earl of Leven’s regiment to present the petitioner before the committee.
8	26 February 1695	Petition of Duncan Campbell addressed to the Lord Commissioners appointed for examining of pressed men. Was taken out of his bed in the night from his master’s house, despite never having been in the king’s service, and put into the Canongate tolbooth. Commanding officer of the guard in Canongate to bring the petitioner, under guard, before the committee.
9	26 February 1695	Petition of Capt. Alexander Campbell. He is unable to present John Mullione before the committee as the latter made his escape while being transported to Flanders. Remitted to the committee appointed anent soldiers and defectors to consider the petition.
10	14 March 1694 D1695/3/23	Act in favour of George Wilsone concerning a resignation & investment in favour of his spouse, Margaret Hendersone.
11	27 March 1695	Warrant to the Lord Clerk Register to subscribe a libel and indictment to be insisted on before the parliament against persons in France
12	28 March 1695	Order to Sir Patrick Home and Sir Gilbert Eliot to confer with the King’s advocate in presenting the libel before the parliament against the rebels in France.
13	27 March 1695	Letters of Relaxation for persons in France.
14	17 April 1695	Letter to Sir Gilbert Eliot, clerk to his majesty’s privy council from J. Austine, baillie. Confirming that in obedience to and by order of the privy council he has secured the person of William Maire in the tolbooth of Perth.
15	11 April 1695	Letter to Sir Gilbert Eliot from J. Sutherland Advising that the person designed by his daughter, by his consent and the rest of her near relations, to be factor on the estate of Arbuthnot is Mungo Carnegie. As was made known to Eliot, the Lord President and several councillors. Carnegie was subsequently chosen as factor by the privy council, see D1695/5/4
16	28 May 1695	Act for repairing the harbour at Fraserburgh
17	25 July 1695	Act anent accompts to the town of Alloway
18	24 July 1695	Report to the Privy Council from the committee appointed for revising the accompts resting to his majesty’s forces to the inhabitants of the town of Alloway.
19	17 September 1695	Letter to the Lord Advocat from Tweeddale concerning bonds for several named persons.
20	1 November 1695	Charges of horning given by the Lord Saltoun x 4
21	7 November 1695	Act for the principals & regents of the University of St Andrews in response to their petition.
22	5 December 1695	Petition of Charles Jacksone, merchant in Edinburgh
23	12 December 1695	Petition of Charles Jacksone, merchant in Edinburgh
24	15 May 1695	Instrument of intimation by William James, for Letters raised by the Privy Council against the Earl of Seaforth & for citing witnesses in the process.

1. No response on this petition but the petition of P. Ogilvie suggests that Howie was imprisoned and then released upon submitting his petition.

2. Robert

Act, 12 March 1705, Edinburgh

Posted on May 3, 2024 by Philip Ward

Edinburgh 12th March 1705

D1705/3/6¹

Act

Act In favours of Sir William Bruce of Stenhouse for an aliment

Anent the petition given in and presented to the Lords of her Majesties privie Councill, by Sir William Bruce of Stenhouse Humbly Shewing, That where Sir William Bruce of Stenhouse the Supplicants Grandfather in the sixtie one year of his age haveing married Alisone Turnbull Relict of Butler of Kirkland in the Fourtieth year of her age, he did out of ane Estate of Three thousand merks a year provyde her to a yearly Lyfrent of Eighteen Hundered merks, tho incumbred with great debts, The Marriage did only Subsist for two years, The petitioners Grandfather having dyed dureing which tyme the Children of her former marriage were maintained in his Family, after the petitioners Grandfathers Decease, Sir William Bruce this Father was necessitat to apply to the Lords of privie Councill for ane aliment out of this insupportable Lyfrent upon the ground that his Fathers whole estate was more then exhausted by the debt and Lyfrent, In the mean tyme befor his Fathers proces took effect he dyed, And the Lyfrentrix forseeing that ane aliment would be modified out of her Lyfrent, She prevailled with the Laird of Quarrell then the Supplicants Tutor to accept of Six Hundereth Merks And therby prevent a greater Modification by the Lords of privie Councill, after the petitioners Majority he was willing to avoyd all furder Complaint, while it was possible for him to Subsist upon that small allowance, But his Family being increassed by many small Children he was no longer able to Subsist as will appear by a true Rentall, and the yearly burdens given in with the said petition, Wherby after Stateing the restricted² annuity, there only remained ane hundereth and seventie eight pound Scots for himselfe and numerous Family, And therfore and Seeing by the Law and knowen practise of this Kingdome, The Lyfrentrix is obliedged to intertain the heir if She lyfrent his whole estate, Which is the petitioners case, He was necessitat to apply to the saids Lords, and he did furder humbly represent that this Lyfrentrix was but two years married to his Grandfather, During which tyme he had never a Sixpence by her, but was burdened with the aliment of her Children by a former Husband, and that after his death, She hath married Four or Fyve Husbands, and hath considerable lyfrents by them all, and is presently married to John Grahame of Kilearne whyle in the mean tyme the Supplicant labours under great difficultie, Therfore Craveing the saids Lords to take the Supplicants case to their Serious Consideration, And to modifie such a furder allowance out of the remaineing Twelve thousand merks of joynture, as the saids Lords shall think fitt Suitable to the petitioners condition, and the Circumstances of this Lyfrentrix or if need were to grant warrand for citeing the said Alison Turnbull and her Husband, as the said petition bears, The Lords of her Majesties privie Councill having Considered the above petition given in to them by Sir William Bruce of Stenhouse, And the Samen being read in their presence, The Saids Lords Doe heirby grant Warrand to the petitioner to Cite Alison Turnbull Spouse to John Grahame of Culearne, and the said John for his Interest, to appear befor the saids Lords of her Majesties privie Councill, Upon the Twentie seventh day of February instant, and answer to what is Contained in the within petition, and to what the petitioner hes further to represent in the said matter, as ane act extracted theranent extant in proces bears, Upon which Act the Said Sir William Bruce caused Cite the Said Alison Turnbull, and John Grahame of Culairne her Husband, for his Interest, To Compear befor the Saids Lords of privie Councill day forsaid to answer to the effect abovementioned, as ane execution therupon under the hand of Robert Bannatyne one of the Meacers of privie Councill more fully bears, Therafter upon the said twentie seventh day of February last, The Said Act being called and both pairties Compearing personally at the Batt with there advocats, The advocats for the Defenders gave in the answers following, viz: By Contract of Marriadge, betwixt Sir William Bruce of Stenhouse, and the said Dame Alison Turnbull, She is provyded in case She Survive him to ane lyfrent annualrent of Eighteen hundered merks per annum, The Marriage having Subsisted Four years, and Sir William Bruce his eldest son dying, the Lady for respect to the Family and her Husbands memory, enters in Contract with the Laird of Quarrell Sole Tutor to this Sir William, Wherby for preserveing of the Family, and in lieu of ane Aliment could be Claimed of her, She restricts her Eighteen Hundered merks to Twelve Hundered merks per Annum, which aggreement Quarrell the Tutor, binds Stenhouse his pupill to warrand conforme therunto, Both pairties have peaceably lived and acquiesced now by the space of twenty fyve years, Whether Sir William Bruce of Stenhouses circumstances be altered by accident misfortune, or the increass of his Family by Children is not observable by any Save himselfe, hower he has Complained to their Lordships of Councill, that by the said Ladies lyfrent and debts affecting his estate, He is not able to live unless he have a further aliment from the Lady the Lyferenter, of so great a pairt of his estate, And heirwith presents a Rentall, making his estate, but Three thousand merks a year, and ane list of debts, which with the Ladies joynture near equals the same, To all which it is answered That Superiors while they have their Vassalls estate in their hands by reason of ward, through the Minority of their Vassalls are obliedged to maintain the minor Vassall during that space, and that in some cases this has been extended to Lyfrenters of haill estates, yet this Defender is in none of these cases, neither being Superior nor Lyfrenter, but only ane Creditor for ane lyfrent Annualrent, So that as the same cannot inlarge by the dearth of Victuall, or Improvement of the ground, So neither can the same diminish by the low rates, or neglect of Labourers, And as in the one case She has no advantage, so neither in the other can She sustain prejudice, albeit upon these grounds the Lady be free from any maintenance, or aliment to the Air, yet She was so tender to the Family, wherof once She was the wyfe, that She quitt Six Hundered merks, being the third in favours of the Air the persuer, And this being by ane established Aggreement cannot but be also effectuall, as if by legall Sentence, And So Stopp all Complaints and proces on this behalfe, especially Considering that this aggreement has taken effect, And become established by the Space of twentie fyve years And a forgivance for some years preceiding, The Lords are likewise intreated to Consider this Speciality that in this case the Lady did not discharge the Six hundereth merks quite by her, but did assigne the same, which because of the preference it carryes by vertue of My Ladyes Infeftment by itselfe, is ane aliment if there were any need that way, But the persuer is not in that case, tho the Lady represents this to the Lords informative The Lady wishes Stenhouse well, but cannot neglect to tell if she had exacted the Six hundereth merks these years bygone She could have Spared more, and he would have been easier pleased, but Since it is thus She desires to defend her own just Interest, and to contend first That being ane aboverent She is not lyable at all to aliment the air, and Secondly as the Law affoords the Terce of the Husbands estate to their wifes So She has given the Terce of her Lyfrent to her Husbands Air for his aliment by speciall Transaction, which cannot be altered but by reduction therof, And She must say that this is the first Air, so kyndly treated, that ever so unkyndly trated with his predecessors wyfe; Wheras he pretends that his estate is but Three thousand merks by year, and that the debt is as great as contained in the Inventar, It is Answered That the estate is ane halfe greater then he calls it, for wheras he calls the estate Three Thousand, the same Compting the Victuall at One hundereth pound the Chalder, at which rate he has rentalled the one halfe exceeds Fyve Thousand merks per annum, And as for the debts they are mustered up above what was due by his Grandfather, to whom this Lady was wyfe, and even fair above what truly they are, and in all this he neglects to add to his estate the Tocker received by the Lady, and if the Lady thought this Should be anything noticed by the Lords, She is able to instruct a great pairt of the debts in the List Satisfied But because the Estate at the true Rentall is really well able much more then to defray the Lyfrent and annualrents of the debts, The Lady Shall give their Lordships little trouble in this matter, These aliments fall not ordinarly to be persued befor their Lordships, there being a knowen and ordinary proces for that purpose befor the Lords of Session, wherin the Rentall of the estate, the debts of the Defunct are distinctly proven so that a view can be made of the condition of the appearand Air which cannot be done in any summar proces befor their Lordships, Its calumniously informed, and to no purpose that the Ladyes Children by her former Husband were maintained in Stenhouse house, because when ever they were there Stenhouse was fully payed for their intertainment, and they were as profitable guests, as any came to the house, and however Stenhouse got by the Lady what might have deserved a better provision then any she has, From all which it is clear, that there is no ground for this proces, the same being long since transacted, and the Tranfaction established by ane continued acquiescence of twentie fyve years and forgivance of bygones, as the said answers also bears, Which Act and answers being read, and pairties Lawiers fully heard at the Barr and Removed, the saids Lords delayed the said affair till nixt Councill day, and nominated a Committie to settle and aggree pairties in the mean tyme, Therafter upon the day and date of thir presents, The Lords of her Majesties privie Councill haveing heard a Verball report made to them in the affair betwixt Sir William Bruce of Stenhouse and Alison Turnbull Lady Culearne, and John Grahame of Cullearne her Husband, By the Committie appoynted to Settle and aggree pairties, and the saids Lords haveing Considered the whole matter, The saids Lords doe heirby Modifie, the soume of Two Hundereth Merks yearly as ane further aliment to the said Sir William out of the remaineing Twelve hundereth Merks of joynture payed to the said Alison Turnbull out of the said Sir Williams estate, And appoynts the said John Graham of Culearne To make payment therof accordingly to the said Sir William Bruce; and that at two termes in the year Whitsonday and Mertimess be equall portions, Beginning the first termes payment therof, at the Terme of Whitsonday nixt to Come for the halfe year preceiding, And suae furth yearly and termely therafter, And appoynts letters of horning under the Signet of Councill upon Fyfteen dayes to be direct heirupon in forme as effeirs

Edinburgh 12th March 1705

D1705/3/6¹

Act

Act In favours of Sir William Bruce of Stenhouse for an aliment

1. NRS, PC2/28, 372v-374v.

2. The prefix ‘re’ is an insertion.

1. NRS, PC2/28, 372v-374v.

2. The prefix ‘re’ is an insertion.

Sederunt, 12 March 1705, Edinburgh

Posted on May 3, 2024 by Philip Ward

Edinburgh 12th March 1705¹

D1705/3/5²

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Rothes P:S:; Earl of Loudoun; Lord Belhaven; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Arnistoun; Lord Halcraig; Lord Anstruther; Lord Phesdo; Mr Fra: Montgomery; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

1. NRS, PC2/28, 372v.

2. NRS, PC2/28, 372v.

1. NRS, PC2/28, 372v.

2. NRS, PC2/28, 372v.

Judicial Proceeding, 8 March 1705, Edinburgh

Posted on May 3, 2024 by Philip Ward

Edinburgh 8th March 1705

D1705/3/4¹

Judicial Proceeding

Lybell Craig of Riccartoun against Sir James Baird

Anent the lybell or letters of Complaint raised and persued befor the Lords of her Majesties privie Councill at the instance of Robert Craig of Riccartoun, in the matter underwritten, Mentioning That where by the Lawes and acts of parliament it is particularly provyded that if a Defuncts estate be entirely possessed by a superior or his Donator the air ought to have a competent allowance and aliment appoynted and Decerned to him, so by the daylie practise of all the Judicatures of the Kingdome, and particularly by frequent determinations from the Lords of privie Councill in consideration both of the justice and compassion peculiar to the saids Lords in cases of that nature, aliments are modified and appoynted for the Support and Sustentation of Airs who have right and fall to the Succession of estates so farr exhausted and overburdened with many great and exorbitant lyferents and debts, as there does not remaine so much free rent as will be a competent and suteable subsistance to the Air, And true it is that the said Complainer by the decease of Thomas Craig his Brother, being nixt and lawfull Air to the estate of Riccartoun, And judgeing it expedient for his Brothers Credite and preserveing the memory of the Family, to enter Air to him, and therby become obnoxious for fullfilling and paying his debts and deeds, was necessitat to come under the burden of ane estate so farr exhausted with debts and lyfrents That after diverse years struggling with the same, the Complainer is so farr disabled in the least to provyde himselfe that inevitablie he must be exposed to the outmost extremities of want, unless the saids Lords of privie Councill provyde remead, and appoynt the Complainer ane aliment at least for so long tyme as the Lyferenters live and continue to be a burden upon the Complainer, And to evince the saids Lords that there is no free rent for the said Complainer to Subsist upon out of the said Estate, he was ready instantly to instruct that albeit the estate left by the Complainers Brother Thomas Craig did extend to Eight Thousand eight Hundered and Seventie merks Six Shilling eight pennies yearly, Yet that by the Complainers Mother and Sister in Lawes lyfrent, Extending to Six thousand two Hundered merks, The Cess few and teynd duties, Ministers Stipends and Schoolmasters fees, extending to Twelve Hundered merks, and the aboverents of One Hundered and Twentie Thousand merks principall soumes as debt left by the Complainers Brother doe Vastly exceed and exhaust the rent of the forsaid estate, all which he was ready to instruct, so that nothing was left for the persuer to Subsist upon, and through by manifold endeavours he hath Striven since the death of his Brother, to Support his Brothers reputation (over his own distress and prevent the present extremitie) Yet from the premises it may be now evident to the saids Lords how indispenceable it is that ane aliment be modified by the saids Lords for relieving the Complainers extream hardships, Therfore just and necessary it is that the Lords Modifie ane aliment Suitable to the Complainers Circumstances and appoynt Ordaine and determine the Samen to be payed by Margaret Dalgleish the Complainers mother, and Elizabeth Gibsone relict of the Deceast Thomas Craig of Riccartoun the Complainers Brother, and now Spous to Sir James Baird of Sauchtonhall for his interest by such proportions as the saids Lords Shall think fitt, Beginning the first termes payment therof, at the Terme of Whitsonday next to Come for the halfe year immediatly presceiding and so furth therafter at two termes in the year by equall portions, so long as the saids Lyfrents Shall be a burden upon the said estate And Anent the charge given to the saids Defenders to have Compeared personally befor the Saids Lords at ane certain day bygone to answer to the forsaid Complaint, And to have heard and seen such order and course taken thereanent as appertains, With Certification, as the said lybell or letters of Complaint with the executions therof at more length proports, Wherunto Dame Elizabeth Gibson and Sir James Baird of Sauchtonhall her husband, gave in answers to the lybell of Aliment at the instance of Mr Robert Craig of Riccartoun Advocat, against them, When the marriages were aggreed betwixt the deceast Thomas Craig of Riccartoun and the Said Dame Elizabeth Gibson, and betwixt Sir John Gibson her Brother, and Elizabeth Craig Sister to the Said Thomas Craig in regaird Riccartounes Father, was dead, and he in possession of ane estate in Scotland of Ten Thousand merks a year, and ane other in Ireland worth Eightein thousand merks a year, And that Sir John Gibsons Father, Sir Alexander was alyve and however that Sir Alexander his estate was not worth the halfe of what Riccartoun pretend his to be, as aforsaid, Therfore Sir Alexander gives Four thousand merks of more Tocher, with his Daughter to Riccartoun, then Riccartoun gave to Sir John, Sir Alexanders Son, and yet accepts of the like joynture, viz each of them Two Thousand, two hundereth merks of Annuity Thomas Craig dyes in July J^aj vi^c and nynty years, and Leaves only one Daughter behind him, wherby Mr Robert Craig Advocat his Brother Succeeded to those oppulent estates in Scotland and Irland, and was presently elected to represent the shyre in parliament, and besydes his Estate of Twentie eight Thousand merks a year, there was likewise due to his Brother Fourtie Fyve thousand Merks by the Viscount of Kenmure and Cautioners, when this Mr Robert Craig Succeeded his Scots estate was burthened with Three thousand merks a year to his Grandmother, and other Three thousand merks to his mother, and Two thousand Two Hundereth merks to the said Dame Elizabeth Gibson his Sister in Law, Notwithstanding of all which burthens (which continued till the year J^aj vii^c and one years, at which tyme his Grandmother dyed) he pretends to no aliment but lives upon his irish Estate, and what was unlyfrented of his Scots, and by his Imployment, But Since his Grandmothers death, and the accession of that three thousand Merks more yearly to his rent, he had imployed most of his tyme in Ireland, and had there Sold upwards of Eight Thousand pound Sterling worth of woods, built Glassworks and Ships, and Merchandized, and if by those probable projects he had exhausted his vast estate in Ireland, and overburthened this in Scotland, it is not reasonable that those who containe themselves within their own bounds, and lived upon their provisions Should make up the Disappoyntments he had mett with from his projects, and last of all that Dame Elizabeth Gibson Should Doe the Same who had never gott thankfull or good payment, And her Daughter only Secured with difficulty in a portion of Eighteen thousand merks in place of that great estate, wherof she was the lineall Air, To which if she had Succeeded, the estate would be free of debt ere this tyme, The Lyfrenters punctually payed, And She herselfe would have had a large free² fortune to have lived upon, Mr Robert now after his Brother is Fyfteen years dead, is not Satisfied with the benefite of Succession to his Brother, but had applyed to their Lordships for ane aliment from his Brothers wyfe, and his own Mother, as to which it was Answered for Dame Elizabeth Gibson and her Husband, that as to the aliment demanded of his Mother, who has Four Thousand merks per annum they did not oppose it, but as for herselfe, who brought fourteen Thousand merks to their Family, and has but one Daugher Secluded from the Succession, and ane joynture of Two thousand Two Hundereth merks, which is mean in every respect, She can be burthened with no aliment in respect She is not in the case of Lyfrenters of Lands who have the possession, and debarr the Air, for heire Mr Robert Craig the Air is in possession, and She only ane Creditor for her annuity, and Secundo he has no prejudice by that Annuity because through She were dead his Creditors not he would Succeed therto, the estate being exposed to Sale and publick roup, And Tertio It is not aggreeable to the faith of a Contract of Marriage, that a Lady Secured in a small Annuity, Shoould be burthened with any pairt of the Aliment of the Air, Quarto when his Brother dyed, the pursuer Succeeded to ane oppulent and free fortune, which was now overburthened with his own debts, And Quinto he is ane Advocat, and no man that had imployment ever gott aliment, Last of all this being true poynt of civill right ought to give no trouble to their Lordships, but to the Lords of Session, who have tyme to take probation of the rentall of the Estate at the predecessors Decease, and of the debts due by him, And so where ane aliment is competent, the same might be modified with respect therto, which tyme their Lordships can neither allow, nor is it proper to demand, And therfore the Defenders ought to be Assoilzied, or this proces remitted to the Session as the said answers bears, The above Lybell at the instance of Robert Craig of Riccartoun, againest Margaret Dalgleish his mother, Dame Elizabeth Gibson spous to Sir James Baird of Sauchtonhall, and the said Sir James for his interest being Called, and the persuer Compearing personally at the Barr, with Sir David Dalrymple, and Mr Alexander McLeod his advocats, And the Defenders Compearing by Sir Patrick Home and Mr James Steuart there advocats, And the Lybell with answers therto by the said Dame Elizabeth Gibson and Sir James Baird, Being read, and pairties Lawiers head at the Barr and removed, The Lords of her Majesties privie Councill Doe heirby Nominate and appoynt, The Earles of Buchan, Loudoun, and the Thesaurer Deput, to be a Committee to Consider the proces at the persuers instance Insofarras may relate to his Mother, And Recommends to the said Committee to meet to morrow morning at ten acloack in the fornoone, And Declairs any Two a Quorum and to report, And the said Lords have refused and heirby refuses to Sustain proces against the said Dame Elizabeth Gibson, and the said Sir James Baird her Husband upon the said Lybell for the aliment therin mentioned.

Edinburgh 8th March 1705

D1705/3/4¹

Judicial Proceeding

Lybell Craig of Riccartoun against Sir James Baird

1. NRS, PC2/28, 370v-372v.

2. The word ‘free’ is an insertion.

1. NRS, PC2/28, 370v-372v.

2. The word ‘free’ is an insertion.

Act, 8 March 1705, Edinburgh

Posted on May 3, 2024 by Philip Ward

Edinburgh 8th March 1705

D1705/3/3¹

Act

Act In favours of Mr James Webster to print a book

The Lords of her Majesties privie Councill Doe heirby grant to Mr James Webster one of the Ministers of Edinburgh his airs or assigneyes the sole priviledge of printing, Vending, and selling the book entituled Sacramentall Sermons and Discourses composed by the said Mr James, and Discharges all other persons whatsomever to print, reprint, sell or import into this Kingdome any of the saids books, for the space of eleven years, from the date heirof, and that under the paine and penalty of Confiscation of the saids books to the use of the said Mr James Webster and his forsaids and farder under the penalty of Fyve Hundereth Merks Scots money to be payed by the Contraveeners to the said Mr James Webster or his forsaids, besydes the seizure and forfaulture forsaid.

1. NRS, PC2/28, 370r-370v.

Act, 8 March 1705, Edinburgh

Posted on May 3, 2024 by Philip Ward

Edinburgh 8th March 1705

D1705/3/2¹

Act

Act In favours of Mr William Forbes Advocat to print a book

Annent the petition given in and presented to the Lords of privie Councill, By Mr William Forbes Advocat, Shewing That where their Lordships are in use to incouradge the author of any new book, by granting to him the sole priviledge of printing and vending the same, and he had Composed ane Treatise of Churchlands and Tithes etc which will clear up that mysterious pairt of our Law, And therfore Craving to the effect aftermentioned as the said petition bears, The Lords of her Majesties privie Councill having Considered the above petition given in to them by Mr William Forbes Advocat, and the samen being read in their presence, The saids Lords Doe heirby grant to the petitioner his Airs or Assigneyes the sole priviledge of printing vending and selling the forsaid book entituled a Treatise of Churchlands and Teithes etc. And have Discharged and heirby Discharges all other persons whatsomever, To print, reprint, sell or import into this Kingdome any of the saids Books, for the space of Nyntein years from the date heirof, and that under the paine and penalty of Confiscation of the saids books to the use of the petitioner, and his forsaids, and farder under the penalty of Fyve Hundered merks scots money to be payed by the Contraveeners to the petitioner or his forsaids, besydes the seizure and forfaulter forsaid

1. NRS, PC2/28, 370r.

Sederunt, 8 March 1705, Edinburgh

Posted on May 3, 2024 by Philip Ward

Edinburgh 8th March 1705¹ ²

D1705/3/1³

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Rothes P:S:; Earl of Crafurd; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Ruglen; Earl of Roseberry; Lord Belhaven; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Arnistoun; Lord Halcraig; Lord Anstruther; Lord Phesdo; Mr Fra: Montgomery; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

1. NRS, PC2/28, 369v.

2. This heading is given twice, but nothing is written under the first appearance.

3. NRS, PC2/28, 370r.

1. NRS, PC2/28, 369v.

2. This heading is given twice, but nothing is written under the first appearance.

3. NRS, PC2/28, 370r.

Act, 27 February 1705, Edinburgh

Posted on May 3, 2024 by Philip Ward

Edinburgh 27th February 1705

D1705/2/12¹

Act

Act in favours of the Lady Bredisholme younger

Anent the petition given in and presented to the Lords of her Majesties privie Councill, By Rose Muirhead Lady Braidisholme younger, Humbly Shewing, That where her Deceast Husband did apply to their Lordships, representing the hard Circumstances, his Fathers unkyndness had brought him under, and the Claims he had to his Fathers Estate, both because of the naturall duty to provyde for him and his Children, and because of his said Fathers promise, befor and since his marriage, and also in respect of a Disposition made of the estate of Breaddisholme, made to himselfe in fee, To all which was added, That his said Father made him lay out considerable Soumes upon a second Brother, and after all had called her said Husband and her to this Kingdome with hopes of a better Intertainment, Upon which grounds the said James Muirhead of Bredisholme elder being conveened, and all pains taken to procure justice at his hands, without the necessitie of a Sentence, but in vain, Their Lordships did in conclusion remitt such actions as her said Husband had againest his said Father to be discust Summarly befor the Lords of Session, And in the mean tyme Modified Fyftie pound sterling Which their Lordships Ordained the said James Muirhead elder to pay to her said Husband, for carrying on the processes, But in a few weeks after the sentence, her Husband overcome with Suffering Contracted a heavie Sickness, wherof he dyed in a few dayes, having beforhand assigned to her, generally all action competent to him, And after his Decease upon ane application in her name as having right in manner forsaid, Their Lordships did must justly transfer the right of the forsaid Summ to her by ane Act and Decreit, But to her great misfortune The said James Muirhead of Bredisholme persisting to harrass her, and her Children, Did give in a bill of Suspension befor the Lords of Session pretending double distresses, Viz: at her instance upon the one pairt, and at the instance of his son in Law, as having arreasted in his hands, upon pretence of some money laid out upon her Husbands funeralls, and of a debt due by her Husband to him, Wherupon he had intended action against her, upon the Second pairt, and at the instance of the apothecary for Drugs to her Husband upon deathbed and about the bodie after his Decease on the third pairt, which Suspension is expede, wherin she plainly perceives, that there was nothing else intended, but to fright and amuse her who is a Stranger, and to depryve her of the means to carry on her proces, for Subsisting her, and her Family, and therby to disapoynt the effect of their Lordships justice and Compassion, These unhappy Circumstances puts her once more, under the necessity to apply to their Lordships, that some thing might be modified for aliment and Subsistance to her, and her Children, in such a maner as might be Secure from Such Dillingence and devises, which She hopes will appear most reasonable when their Lordships Considers her pittifull Condition, her very cloaths being detained for her Husbands Chamber Rent, whilest upon the other hand, her Father in Law, who by all the duties in Law ought to provyded for his Son, and now for her, does not only refuse her Support, but has emendicat the forsaids arreistments, willfully to prevent her insisting, for recovering of her just right, for it is but too obvious, that these pretended Claimes againest her, ought rather to affect Broddisholme himself, Seeing She neither is nor can be ane representative of her Husband, and that the expensses of funeralls, are a duty in nature upon Bredisholme who had depryved his Son of all means of Livlyhood during his Lyftyme, Craving therfore it might please their Lordships to Decern the said James Muirhead of Breadisholme To make payment to her of such aliment, as their Lordships Shall determine, as the said petition bears, Which petition being upno the twentie Second of February J^aj vii^c and fyve years, Read in presence of the saids Lords, They appoynted and Ordained the Samen to be seen and answered next Councill day by Bredisholme elder peremptorie, Wherunto the said James Muirhead gave in the answers following, The Deceast James Muirhead and Rose Fincham his Spouse did apply to their Lordships for ane aliment upon the head that he was apparent Air, but that appearing to be without the least ground, Shaddow, or pretence in Law, that ane apparent air married portioned and settled out of his Fathers Family could recurr and force the Father to aliment him, they forced to found on this alleadgence, that they had Severall obligatory letters and rights againest Bredisholmes estate, upon which in the mean tyme they Craved ane aliment might be Decerned, as the alleadgance was false in fact, and Calumnious, So their Lordships after advyseing of bill and answers, hearing of pairties procurators, were Convinced that the matter was purely civill, And therfore remitted the same to be discust summarly before the Lords of Session, and in the mean tyme appoynted Fyftie pound Sterling to be payed to him, This Summ being payable at the first of January last, and he dyeing befor the terme of payment upon a petition the same was transformed and Ordained to be payed to his Relict against Candlemess also last, and which Summ being arreisted in Bredishholmes hands, he was necessitat to Suspend for his own Security upon double distress befor the lords of Session, and which Suspension was expeded after two reports in presence, Although their Lordships did remitt the proces of aliment to be discussed befor the Lords of Session Summarly, yet the deceast James Muirhead nor his relict never So much as raised a Summonds for that effect, knowing perfectly their pretence therto to be groundless, And Bredisholme to Shew that they had no right, did raise and execute Summonds of reduction first againest him, and then againest this petitioner, his Relict, and Representatives of all pretended letters, Contracts, or Rights they alleadged they had upon his estate with a speciall Declarator, wherin that the said Bredisholme was nowayes obliedged to aliment them or their Family, upon the relevant grounds therin lybelled, as the Symmonds execute, lybelled, called, and Depending heirwith produced testifies, The Said Rose Finchan (to forbear any of her expressions and carriage to Bredissholme) has presented another bill to their Lordships, which is wholly irregular Craving ane aliment to be Decerned to her, for Seeing their Lordships have alreadie remitted the proces at the instance of her Husband and her, to the Lords of Session, as being a matter purely civill, wherupon there is ane act extracted by them, She ought not to have given their Lordships this trouble, but to have proceeded in the termes of the act, and Remitt, for certainly when their Lordships found that their pretensions to ane aliment were purely Civill, and for that end remitted to the Session, Its certain that his Relicts pretences, which depend on his, must also be only Competent befor the Lords of Session, And therfore its humbly answered to the Lords of privie Councill for Bredisholme, Primo, That he is not in Toun, and therfore he could not be obliedged to answer to a Summar petition, for however favourable actions of aliment are, yet the Law of self Defence prevaills over all, and therfore he cannot be brought into judgment without a lawfull Citation upon a competent tyme, that he may be advertised to Compear, and inform his Lawiers upon proper defences and this pursuer having neglected the remedy appoynted her by their Lordships, She ought not to be anywayes encouradged in this irregular forme, Bredisholme adhearing to the former defence, that he was not lawfully Cited, makes the Second defence againest this irregular petition, that the case of her aliment, as depending upon the pretensions of her Husband, was already remitted upon a full hearing by their Lordships to the Lords of Session, as dipping upon production of Severall missive letters, and other rights, so that her applying again to their Lordships in this irregular Sort is plainly againest ane Interlocutor upon full hearing And the Act extracted by themselves, which cutts her off from pretence of any aliment or Subsistance, befor ane Court by the Lords of Session, to whom their Lordships did remitt the Samen, Tertio It is now his alibi pendens for Bredisholme, that the persuer did not insist befor the Session for any pretended aliment, Notwithstanding of the Act of parliament, which did endue her action with a Summar dispatch, but their Lordships did lykewise Recommend the Same to be Summarly discust by their Remitt, He for freeing himselfe of vexatious uncertain and expensive attendance (wherof hitherto he has had the sad experience) did with regaird to their Lordships remitt, and in the Termes therof raise and execute a lybelled Summonds and Declarator againest her, and the Representatives of her deceast Husband, befor the Lords of Session to hear it Declaired, that She had no right or pretence to ane aliment or Subsistance out of Bredisholmes estate, and it being therby Depending before the Lords, long prior to this application made to their Lordships, it is humbly offered as a Defence, that it must be there discussed, The answers then to the bill are Shortly these, primo That Bredisholme was not the Town, nor lawfully Cited, and therfore cannot be obliedged to answer to a petition wherof he knowes nothing Secundo this very cause was already remitted by their Lordships to the Lords of Session, And therfore it was most preposterous to apply to their Lordships in this maner when the cause was already remitted by them to the Judge Ordinary to whom only they most apply, Tertio, The matter being also made pendent by Bredisholme againest this very persuer upon the Same Claime, by a lybelled Summonds of Declarator, not only lybelled and execute but also tabled, and ane advocat Compearing to take out the proces, as the same dated the nynteenth day of January last testifies, It is humbly hoped and Contended, that the said irregular bill ought to be rejected, and she left to persue any pretensions she has to any aliment or subsistance (which are absolutely calumnious and irregular) befor the Lords of Session, where she shall have ane answer, if she ever intent any such proces, as the said answers bears, The Lords of her Majesties privie Councill having Considered the above petition given in to them, by Rose Muirhead Lady Bredisholme younger, and the samen with answers therto by James Muirhead of Bredisholme elder being read in their presence, The saids Lords Doe heirby Grant to the petitioner the soume of Fyftie pound Sterling for her aliment, and appoynts and Ordains the said James Muirhead of Bredisholme elder to make payment therof to the petitioner accordingly and upon payment appoynts and Ordains the petitioner to Renounce and Discharge all right and Interest that She has or can pretend to the Fyftie pound Sterling granted to her Husband, and the other Fyftie pound Sterling granted to herselfe, and which Fyfty pound Sterling of aliment forsaid, The said Rose Muirhead accepts in full of all aliment she can pretend to from the saids Lords at anie tyme hereafter, and alse the saids Lords Doe heirby Discharge the petitioner to apply to their Lordships for any furder aliment in tyme comeing, But leaves her to persue her other rights via ordinara allenerly befor the Judge competent as accords, and appoynts letters of horning under the Signet of Councill upon Fyfeteen dayes to be direct heirupon in forme as effeirs

Edinburgh 27th February 1705

D1705/2/12¹

Act

Act in favours of the Lady Bredisholme younger

1. NRS, PC2/28, 367r-369v.

Sederunt, 27 February 1705, Edinburgh

Posted on May 3, 2024 by Philip Ward

Edinburgh 27th February 1705¹

D1705/2/11²

Sederunt

Lord Chancellor; Marquis of Annandale P:C:; Earl of Rothes P:S:; Earl of Crafurd; Earl of Sutherland; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Ruglen; Earl of Roseberry; Lord Belhaven; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Laird of Blackadder; Laird of Ormistoun younger; Lord Provost of Edinburgh

1. NRS, PC2/28, 367r.

2. NRS, PC2/28, 367r.

1. NRS, PC2/28, 367r.

2. NRS, PC2/28, 367r.