Scottish Privy Council Records

Att Edinburgh the Tuenty sixt Day off Apryll J^aj vj^c and Nyntie tuo years

A1692/4/38¹

Order

Sist of executione In favours of Sir Archibald Cockburn of Langtoun anent his Cess

Anent the petitione Given in to the Lords of there Majestyes privie Councill be Sir Archibald Cockburne off Langtoune Shewing That Haveing made made application to the Lords of theasury for payment of the grass eatten by Colonell Cunninghames dragoons the Last Summar in the petitioners parks according to agreement and other clear documents It pleased there Lordships to remitt the Collonell and the petitioner to be heard and the matter to be adjusted by Sir Patrick Murray and Sir Thomas Moncreiff But the Collonell alleadgeing that he must first be Informed by tuo of his Captains Captain Pollock and Captain Staphney who Comanded in his absence Sir Patrick and Sir Thomas were necessitate to delay there procedure untill the Fyfth of Maij That these Captains Might be in toun But the petitioners petitione to the Lords of theasury being aither for payment of the three thousand pounds at Least due to the petitioner or for allowance and retentione out of the Cess and supplie due out of the petitioners Lands And for which the petitioner is at present Charged by the Collector The saids Lords may see the necessity the petitioner has in this intervall of the theasurie to have there Lordships warrand to the Collector to forbear all executione or quartering for the petitioners Cess untill the said matter be determined And Farder Because the knowen quantity of grass belonging to the petitioner may possibly Inclyne some of the troops to Corne and grass upon the petitioner again, this summar which may prove an Inconvenience Because the petitioners wholl ground is now Sett and Stocked for² this year Therefore the petitioner thought it his duety to acquant there Lordships That he shall be alwayes readie to Concurr and bear his proportione with the rest of the heretors of the shyre But cannot as his grass is now disposed upon bear any singular burden And therefore Craveing that there Lordships would be pleased In the first place to order the Collector for the Shyre to forbear all executione or quartering upon the petitioner for bygone Cess or supplie untill the said matter of his grass be determined be the Lords of theasurie And in the next place to declare and ordaine that by reasone of his grass and grounds being sett and stocked as said is The petitioner shall not be Lyable to grass any of his Majestyes horse farder then as his proportione will fall him with the other heretors of the shyre As the said petitione bears The Saids Lords of there Majestyes privie Councell haveing considered this petitione given in to them be the above Sir Archibald Cockburne They hereby discharge any executione to be used againest the petitioner for the above Cess aither by quartering or otherwayes untill the seventeent day of Mayij next Inclusive And incase there by any pairtyes alreadie quartered ordaines them Instantly to be removed

At Edinburgh 26 April 1692

A1692/4/38¹

Order

Sist of execution in favour of Sir Archibald Cockburn of Langton anent his Cess

Concerning the petition given in to the lords of their majesties’ privy council by Sir Archibald Cockburn of Langton showing that having made application to the lords of treasury for payment of the grass eaten by Colonel Cunningham’s dragoons the last summer in the petitioner’s parks, according to agreement and other clear documents, it pleased their lordships to remit the colonel and the petitioner to be heard and the matter to be adjusted by Sir Patrick Murray and Sir Thomas Moncrieff but the colonel alleging that he must first be informed by two of his captains Captain Pollock and Captain Stepney, who commanded in his absence, Sir Patrick and Sir Thomas were necessitated to delay their procedure until the fifth of May that these captains might be in town, nut the petitioner’s petition to the lords of treasury being either for payment of the three thousand pounds at least due to the petitioner or for allowance and retention out of the cess and supply due out of the petitioner’s lands, and for which the petitioner is at present charged by the collector, the said Lords may see the necessity the petitioner has in this interval of the treasury to have their lordships warrant to the collector to forbear all execution or quartering for the petitioner’s cess until the said matter be determined, and further because the known quantity of grass belonging to the petitioner may possibly incline some of the troops to corn and grass upon the petitioner again, this summer which may prove an inconvenience because the petitioner’s whole ground is now set and stocked for this year, therefore the petitioner thought it his duty to acquaint their lordships that he shall be always ready to concur and bear his proportione with the rest of the heritors of the shire, but cannot as his grass is now disposed upon bear any singular burden, and therefore craving that their lordships would be pleased in the first place to order the collector for the shire to forbear all execution or quartering upon the petitioner for bygone cess or supply until the said matter of his grass be determined by the lords of treasury, and in the next place to declare and ordain that by reason of his grass and grounds being set and stocked as said is, the petitioner shall not be liable to grass any of his majesty’s horse further than as his proportion will fall him with the other heritors of the shire as the said petition bears. The said lords of their majesties’ privy council having considered this petition given in to them by the above Sir Archibald Cockburn, they hereby discharge any execution to be used against the petitioner for the above cess, either by quartering or otherwise, until the seventeenth day of May next inclusive, and in case there be any parties already quartered ordain them instantly to be removed.

1. PC1/48, 154-5.