Decreet, 14 March 1693, Edinburgh

Act, 28 December 1693, Edinburgh

Att Edinburgh the Fourteinth of March Jaj vjc nyntie three years Ante Meridiem

A1693/3/531

Decreet

Decreet There majesties advocat against Skipper Dunbars Cautioners

Anent the Letters raised and persued befor the Lords of there majesties privie Councill At the Instance of Sir James Stewart there majesties advocat for there highnes interest in the matter underwreitten mentioneing That where Robert Dunbar skipper in Leith then prisoner in the tolbooth as principall and Mr Hugh Davidsone wreitter to the signet William Dunbar merchand in Edinburgh and Thomas Wilsone Couper in Leith be there bond and obligatione subscryved be them of the dait the fourteenth day of november Jaj vjc nyntie one Bond and obleidged them Conjunctllie and severallie That the said Robert Dunbar should Live peaceably under and with all submission to the government of there majesties King William and Queen Mary And that he should not converse nor correspond with rebells And that he should appear when called for, And that he should not depairt furth of this Kigndome without there majesties or the Councills warrand under the penalty of Tuo Thousand merks scotts In case he should transgress in any pairt of the premisses As the said bond of the date forsaid Insert and registrat in the books of privie Councill And the saids Lords there decreet Interponed thereto upon the nynth day of Maij Last bypast produced hes testifyed whereupon there being Letters raised at the Instance of Sir William Lockhart there majesties Sollicitor The said Robert Dunbar wes charged to appear and his said Cautionres to produce him befor the Lords of privie Councill under the penalty forsaid contained in the said bond which charge The said Robert and his cautioners have most contemptuously dissobeyed And the Saids Lords of privie Councill being Informed that the said Robert is now Comander of a French privateer And hes seized upon some scotts ships have by there act of the date the nynth day of March ordained Letters to be direct at there majesties advocats instance2 for Citeing the abovenamed Cautioners in maner and to the effect underwritten As the Said act produced hes testifyed And Anent the Charge Given to the saids Mr Hugh Davidsone William Dunbar and Thomas Wilsone Cautioners forsaids3 To have Compeared befor the saids Lords of privie Councill this day and place To hear and see it found and declared that the penalty contained in the said bond is Incurred and forfaulted And to hear and see themselves decerned Conjunctlly and Severallie to make payment to Sir Thomas Moncreiff receaver of there majesties Croun rents or his Successors in that office for the tyme being of the said penalty of Tuo Thousand merks with Certificatione to them If they failzie There majesties other Letters of denunceatione and other4 executione shall proceed againest them upon the horning alreadie raised and charge given be vertue thereof As the saids Letters and executiones thereof at more Length beares Which Letters being this day Called In presence of the Saids Lords of privie Councill And there majesties advocat Compearing personally for there majesties interest And the defenders Compearing also personally The Saids Lords of there Majestyes privie Councill Haveing Considered the saids Letters or Lybell with a petitione Given in for the defenders Craveing the penalty to be remitted or mitigated In respect the Cautioners hade no accessione to the principalls escape And he being poor They can have no releiff They refuse the desyre of the petitione And Finds that the Cautioners defenders have failzied to satisfye the obleidgements in there bond and therefore declares the penalty of Tuo Thousand Merks thereincontained to be Incurred and forfaulted and decernes and ordaines the forenamed persones defenders Cautioners forsaid Conjunctlly and severallie to make payment of the said soume to the persones and In maner following viz The soume of of5 one Thousand Merks thereincontained to be Incurred and forfaulted and decernes and ordaines the forenamed persones defenders Cautioners forsaid Conjunctlly and severallie to make payment of the said soume to the persones and In maner following viz The soume of one Thousand merks to Mr James Sutherland maister of the phisick gairden for makeing up the Losses and damnadge sustained be him throw the Letting out the North Loch (the tyme of the seidge of the Castle of Edinburgh) upon his gairden And the Lyke soume of Ane Thousand Merks to Sir Thomas Moncreiff generall receiver of there Majesties Croun rents or his Successors in that office for there majestyes use And recomends to the Lords Commissioners of there majesties theasury to consider the Loss of the skippers to whom the wheat and bear taken be the said Robert Dunbar did pertaine and belong And to allow them such releiff as they shall think fitt out of that pairt of the penalty appointed for there majesties use And ordaines Letters of horning on six dayes and others neadfull to be direct in forme as effeirs

Att Edinburgh the Fourteinth of March Jaj vjc nyntie three years Ante Meridiem

A1693/3/531

Decreet

Decreet There majesties advocat against Skipper Dunbars Cautioners

Anent the Letters raised and persued befor the Lords of there majesties privie Councill At the Instance of Sir James Stewart there majesties advocat for there highnes interest in the matter underwreitten mentioneing That where Robert Dunbar skipper in Leith then prisoner in the tolbooth as principall and Mr Hugh Davidsone wreitter to the signet William Dunbar merchand in Edinburgh and Thomas Wilsone Couper in Leith be there bond and obligatione subscryved be them of the dait the fourteenth day of november Jaj vjc nyntie one Bond and obleidged them Conjunctllie and severallie That the said Robert Dunbar should Live peaceably under and with all submission to the government of there majesties King William and Queen Mary And that he should not converse nor correspond with rebells And that he should appear when called for, And that he should not depairt furth of this Kigndome without there majesties or the Councills warrand under the penalty of Tuo Thousand merks scotts In case he should transgress in any pairt of the premisses As the said bond of the date forsaid Insert and registrat in the books of privie Councill And the saids Lords there decreet Interponed thereto upon the nynth day of Maij Last bypast produced hes testifyed whereupon there being Letters raised at the Instance of Sir William Lockhart there majesties Sollicitor The said Robert Dunbar wes charged to appear and his said Cautionres to produce him befor the Lords of privie Councill under the penalty forsaid contained in the said bond which charge The said Robert and his cautioners have most contemptuously dissobeyed And the Saids Lords of privie Councill being Informed that the said Robert is now Comander of a French privateer And hes seized upon some scotts ships have by there act of the date the nynth day of March ordained Letters to be direct at there majesties advocats instance2 for Citeing the abovenamed Cautioners in maner and to the effect underwritten As the Said act produced hes testifyed And Anent the Charge Given to the saids Mr Hugh Davidsone William Dunbar and Thomas Wilsone Cautioners forsaids3 To have Compeared befor the saids Lords of privie Councill this day and place To hear and see it found and declared that the penalty contained in the said bond is Incurred and forfaulted And to hear and see themselves decerned Conjunctlly and Severallie to make payment to Sir Thomas Moncreiff receaver of there majesties Croun rents or his Successors in that office for the tyme being of the said penalty of Tuo Thousand merks with Certificatione to them If they failzie There majesties other Letters of denunceatione and other4 executione shall proceed againest them upon the horning alreadie raised and charge given be vertue thereof As the saids Letters and executiones thereof at more Length beares Which Letters being this day Called In presence of the Saids Lords of privie Councill And there majesties advocat Compearing personally for there majesties interest And the defenders Compearing also personally The Saids Lords of there Majestyes privie Councill Haveing Considered the saids Letters or Lybell with a petitione Given in for the defenders Craveing the penalty to be remitted or mitigated In respect the Cautioners hade no accessione to the principalls escape And he being poor They can have no releiff They refuse the desyre of the petitione And Finds that the Cautioners defenders have failzied to satisfye the obleidgements in there bond and therefore declares the penalty of Tuo Thousand Merks thereincontained to be Incurred and forfaulted and decernes and ordaines the forenamed persones defenders Cautioners forsaid Conjunctlly and severallie to make payment of the said soume to the persones and In maner following viz The soume of of5 one Thousand Merks thereincontained to be Incurred and forfaulted and decernes and ordaines the forenamed persones defenders Cautioners forsaid Conjunctlly and severallie to make payment of the said soume to the persones and In maner following viz The soume of one Thousand merks to Mr James Sutherland maister of the phisick gairden for makeing up the Losses and damnadge sustained be him throw the Letting out the North Loch (the tyme of the seidge of the Castle of Edinburgh) upon his gairden And the Lyke soume of Ane Thousand Merks to Sir Thomas Moncreiff generall receiver of there Majesties Croun rents or his Successors in that office for there majestyes use And recomends to the Lords Commissioners of there majesties theasury to consider the Loss of the skippers to whom the wheat and bear taken be the said Robert Dunbar did pertaine and belong And to allow them such releiff as they shall think fitt out of that pairt of the penalty appointed for there majesties use And ordaines Letters of horning on six dayes and others neadfull to be direct in forme as effeirs

1. PC1/48, 637-9.

2. The word ‘againest’ scored out here.

3. The phrase ‘personally or at the duell’ scored out here.

4. This word has been inserted above the line.

5. Sic.

1. PC1/48, 637-9.

2. The word ‘againest’ scored out here.

3. The phrase ‘personally or at the duell’ scored out here.

4. This word has been inserted above the line.

5. Sic.