Tag Archives: 1 January 1695

Act, 1 January 1695, Edinburgh

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Edinburgh The first day of January Jaj vjc nyntie five years

D1695/1/51

Act

Act James Goodburgh

Anent a Petition given in to the Lords of ther Majesties privy Councill be James Goodburgh in Kennoway and Jean Wishart his spouse Shewing That quher the petitioner haveing in possession the publict Inn, of Kennoway for which he payes a very great rent, And it being very weell known to severall of the saids Lords number that the said Inn Is the Lodging place for passingers betwixt Bruntisland and Dundie and that the persones of best qualitie are very weell accomodate ther And the petitioner apprehending that the Dragoons being to Lodge in and about that place did apply himself to Sir Alexander Bruce of Broomhall to Liberat him from Lodging any of the dragoons Who very weell knowing how ther Lodging ther would incommod the Leidges, Did Give it under his hand ordering and desyreing them to gett Billetts upon others the place not being straitned for such a small number as were appointed to Lye in and about the said place Notwithstanding of all because of the said Conveniencie of Lodging for the Leidges severall of the said Dragoons have taken possessione of a part of the petitioners said house and stables wherby the petitioner is not in a Condition to accomodate ther majesties leidges who passes the road, and of late a Serjant at his oun hand without any warrand or billet in Captain Drumonds troop (Which troop Lyes in and about Kennoway) has come and taken possessione of the petitioners house since he came over to represent his Conditione to ther Lordships and how that Serjant demains and Caries himself in the petitioners house would appear by ane letter therwith produced which he received this morning from his wife And Therfore Humbly Craving the saids Lords to take the premisses to ther serious Consideratione, and therupon to order all the said Dragoons who are presently in the petitioners house to be removed and to Discharge any in time comeing to quarter or stay at the petitioners house Except they be passing the road as passingers or Strangers as the petition bears The Lords of their Majesties privy Councill haveing heard the above petition given in to them be the above James Goodburgh which was read upon the twentie seventh day of December Last but the delyverance theron not being signed The same was read againe this day And the saids Lords Doe heirby Recommend to the Earle of Leven and Lord Carmicheall to speak with the Lord Jedburgh Comander in Cheif of their majesties forces within this kingdome That the petitioners familly be not oppressed with the quartering of Dragoons or ther horses upon them to the prejudice and incommodating of Strangers, Noblemen, Gentlemen and others travelling upon that road who may quarter at the said house.

Edinburgh The first day of January Jaj vjc nyntie five years

D1695/1/51

Act

Act James Goodburgh

Anent a Petition given in to the Lords of ther Majesties privy Councill be James Goodburgh in Kennoway and Jean Wishart his spouse Shewing That quher the petitioner haveing in possession the publict Inn, of Kennoway for which he payes a very great rent, And it being very weell known to severall of the saids Lords number that the said Inn Is the Lodging place for passingers betwixt Bruntisland and Dundie and that the persones of best qualitie are very weell accomodate ther And the petitioner apprehending that the Dragoons being to Lodge in and about that place did apply himself to Sir Alexander Bruce of Broomhall to Liberat him from Lodging any of the dragoons Who very weell knowing how ther Lodging ther would incommod the Leidges, Did Give it under his hand ordering and desyreing them to gett Billetts upon others the place not being straitned for such a small number as were appointed to Lye in and about the said place Notwithstanding of all because of the said Conveniencie of Lodging for the Leidges severall of the said Dragoons have taken possessione of a part of the petitioners said house and stables wherby the petitioner is not in a Condition to accomodate ther majesties leidges who passes the road, and of late a Serjant at his oun hand without any warrand or billet in Captain Drumonds troop (Which troop Lyes in and about Kennoway) has come and taken possessione of the petitioners house since he came over to represent his Conditione to ther Lordships and how that Serjant demains and Caries himself in the petitioners house would appear by ane letter therwith produced which he received this morning from his wife And Therfore Humbly Craving the saids Lords to take the premisses to ther serious Consideratione, and therupon to order all the said Dragoons who are presently in the petitioners house to be removed and to Discharge any in time comeing to quarter or stay at the petitioners house Except they be passing the road as passingers or Strangers as the petition bears The Lords of their Majesties privy Councill haveing heard the above petition given in to them be the above James Goodburgh which was read upon the twentie seventh day of December Last but the delyverance theron not being signed The same was read againe this day And the saids Lords Doe heirby Recommend to the Earle of Leven and Lord Carmicheall to speak with the Lord Jedburgh Comander in Cheif of their majesties forces within this kingdome That the petitioners familly be not oppressed with the quartering of Dragoons or ther horses upon them to the prejudice and incommodating of Strangers, Noblemen, Gentlemen and others travelling upon that road who may quarter at the said house.

1. NRS, PC2/25, 131r-132r.

1. NRS, PC2/25, 131r-132r.

Act, 1 January 1695, Edinburgh

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Edinburgh The first day of January Jaj vjc nyntie five years

D1695/1/41

Act

Act Philip Enstruther

Anent the petition given in to the Lords of their majesties privy Councill be Philip Enstruther Sone to the deceast Sir James Enstruther of Airdrie and Dame Catharin Sheen his mother and Lord Edward Murray her husband for his intrest Shewing That quher upon a Remitt from ther Lordships to the Lords of session it pleased them in the moneth of June Last to decerne and Ordaine his said mother and her husband for his intrest to delyver his persone to the Custody and keeping of Sir Philip Enstruther his Grandfather to be by him educat according to his qualitie and the intrest that he pretends to have in the said petitioner which accordingly was done and Sir Philip Granted a discharge of the forsaid Decreet But the petitioner finding that his treatment was every way very hard in that he was not put to schooll for some weeks to prosecute his learning, and that when put to schooll It was ane pitifull English Schooll, Wheras he was advanced in his latine to the third part (not to mention that his mother did allwayes keep a pedagogue to attend him) Lykas the said petitioner was very hardly keept in his Cloaths and in such a maner as in decency he is ashamed to express haveing neither wholl Cloathes nor Shoes, But left to goe almost barefoot, And So Litle Lookt to otherwayes that he was overgone with a nestines he cannot name quherupon so sone as he heard that his mother was come back from Dunkell which was about two moneths after he hade been delyvered to his Grandfather, He begged Leave to visit her but with a purpose not to have returned, yet such was his mothers and Lord Edwards care that after they hade Caused Cloath him and put him in Good conditione, They sent the petitioner back againe But the receptione he gott was that the said petitioner was severly beatten to that extreamity that the nixt day he run back and protested to his parents that he would be sooner torne in peices then to returne to Enstruther, And yet when his Grandfather sent a persone for him Lord Edward did still offer him If the said petitioner would have Condescended, And seing that his said parents who gave in this petitione in his name are ready to prove the haill premisses by witnesses and instruments, And that all ther and petitioners desyre is That he may be placed either with his uncle Hallyeards or at St Androwes with Doctor Monro provest of the old Colledge or any other discreet persone wher he can have ane liberall educatione both for his Cloathes and learning and it is only proper to their Lordships to find out a remeedy for a Case to Circumstantiat And Therfore Humbly Craveing In maner and to the effect aftermentioned as the said petition bears Which petition being read in presence of the saids Lords They allowed the above Sir Philip Enstruther the petitioners Grandfather o see and answer the same, Who accordingly having seen the same Gave in ane Counter petition be way of answer therto Which being upon the Eighteen of December last also read in presence of the saids Lords They Recommended to a Committie of ther oun number To Call for and hear both parties and endavor to bring them to name a persone of Consent to whose Custody the said Philip Enstruther may be Committed for his educatione and intertainement, Which Committie haveing mett returned ther verball report to the Councill And the saids Lords of their majesties privy Councill having this day Considered both the saids petitions with the verball report of the Committie Bearing That they had spock with both parties or their Lawiers for them, And Cannot bring them to a Setlement amicable, The saids Lords of their majesties privy Councill doe herby Appoint the said Philip Enstruther to remaine at Edinburgh or St Androw’s in the option of the said Sir2 Philip Enstruther his Grandfather, and appoints the said Sir Philip to board the said Sir Philip with ane indifferent persone in ane honest house in one or other of the saids tounes and to educat him at the high schooll of Edinburgh or humanity Class of St Androwes as best becomes his quality or may conduce for his advancement in Learning and that betwixt and the twenty day of January instant, And appoints the said Dame Katherin Skeen his mother and Lord Edward Murray her husband to deliver the said Philip to his said Grandfather to the effect forsaid And Ordaines letters of horning on six dayes warning to be direct heiron and other executiones needfull in forme as effeirs.

Edinburgh The first day of January Jaj vjc nyntie five years

D1695/1/41

Act

Act Philip Enstruther

Anent the petition given in to the Lords of their majesties privy Councill be Philip Enstruther Sone to the deceast Sir James Enstruther of Airdrie and Dame Catharin Sheen his mother and Lord Edward Murray her husband for his intrest Shewing That quher upon a Remitt from ther Lordships to the Lords of session it pleased them in the moneth of June Last to decerne and Ordaine his said mother and her husband for his intrest to delyver his persone to the Custody and keeping of Sir Philip Enstruther his Grandfather to be by him educat according to his qualitie and the intrest that he pretends to have in the said petitioner which accordingly was done and Sir Philip Granted a discharge of the forsaid Decreet But the petitioner finding that his treatment was every way very hard in that he was not put to schooll for some weeks to prosecute his learning, and that when put to schooll It was ane pitifull English Schooll, Wheras he was advanced in his latine to the third part (not to mention that his mother did allwayes keep a pedagogue to attend him) Lykas the said petitioner was very hardly keept in his Cloaths and in such a maner as in decency he is ashamed to express haveing neither wholl Cloathes nor Shoes, But left to goe almost barefoot, And So Litle Lookt to otherwayes that he was overgone with a nestines he cannot name quherupon so sone as he heard that his mother was come back from Dunkell which was about two moneths after he hade been delyvered to his Grandfather, He begged Leave to visit her but with a purpose not to have returned, yet such was his mothers and Lord Edwards care that after they hade Caused Cloath him and put him in Good conditione, They sent the petitioner back againe But the receptione he gott was that the said petitioner was severly beatten to that extreamity that the nixt day he run back and protested to his parents that he would be sooner torne in peices then to returne to Enstruther, And yet when his Grandfather sent a persone for him Lord Edward did still offer him If the said petitioner would have Condescended, And seing that his said parents who gave in this petitione in his name are ready to prove the haill premisses by witnesses and instruments, And that all ther and petitioners desyre is That he may be placed either with his uncle Hallyeards or at St Androwes with Doctor Monro provest of the old Colledge or any other discreet persone wher he can have ane liberall educatione both for his Cloathes and learning and it is only proper to their Lordships to find out a remeedy for a Case to Circumstantiat And Therfore Humbly Craveing In maner and to the effect aftermentioned as the said petition bears Which petition being read in presence of the saids Lords They allowed the above Sir Philip Enstruther the petitioners Grandfather o see and answer the same, Who accordingly having seen the same Gave in ane Counter petition be way of answer therto Which being upon the Eighteen of December last also read in presence of the saids Lords They Recommended to a Committie of ther oun number To Call for and hear both parties and endavor to bring them to name a persone of Consent to whose Custody the said Philip Enstruther may be Committed for his educatione and intertainement, Which Committie haveing mett returned ther verball report to the Councill And the saids Lords of their majesties privy Councill having this day Considered both the saids petitions with the verball report of the Committie Bearing That they had spock with both parties or their Lawiers for them, And Cannot bring them to a Setlement amicable, The saids Lords of their majesties privy Councill doe herby Appoint the said Philip Enstruther to remaine at Edinburgh or St Androw’s in the option of the said Sir2 Philip Enstruther his Grandfather, and appoints the said Sir Philip to board the said Sir Philip with ane indifferent persone in ane honest house in one or other of the saids tounes and to educat him at the high schooll of Edinburgh or humanity Class of St Androwes as best becomes his quality or may conduce for his advancement in Learning and that betwixt and the twenty day of January instant, And appoints the said Dame Katherin Skeen his mother and Lord Edward Murray her husband to deliver the said Philip to his said Grandfather to the effect forsaid And Ordaines letters of horning on six dayes warning to be direct heiron and other executiones needfull in forme as effeirs.

1. NRS, PC2/25, 130r-131r.

2. Insertion.

1. NRS, PC2/25, 130r-131r.

2. Insertion.

Act, 1 January 1695, Edinburgh

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Edinburgh The first day of January Jaj vjc nyntie five years

D1695/1/31

Act

Act anent Hamilton alias Scarlott robber

The Lords of their Majesties privy Councill having Considered a petitione given in to them be John Hamiltone merchant indwaller in New Castle now prisoner in the Cannogate Tolbooth They theirby Recomend to Sir James Stewart their majesties advocat to take tryall and informe himself if the petitioner be the famous robber Scarlot as is informed to the Councill And in case he find him to be that robber Then Recomends to the said Lord Advocat to prepair and gett probatione against him and to pursue him before the Lords Commissionars of Justiciarij for his Robbery and Crymes.

Edinburgh The first day of January Jaj vjc nyntie five years

D1695/1/31

Act

Act anent Hamilton alias Scarlott robber

The Lords of their Majesties privy Councill having Considered a petitione given in to them be John Hamiltone merchant indwaller in New Castle now prisoner in the Cannogate Tolbooth They theirby Recomend to Sir James Stewart their majesties advocat to take tryall and informe himself if the petitioner be the famous robber Scarlot as is informed to the Councill And in case he find him to be that robber Then Recomends to the said Lord Advocat to prepair and gett probatione against him and to pursue him before the Lords Commissionars of Justiciarij for his Robbery and Crymes.

1. NRS, PC2/25, 130r.

1. NRS, PC2/25, 130r.

Act, 1 January 1695, Edinburgh

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Edinburgh The first day of January Jaj vjc nyntie five years

D1695/1/21

Act

Act Mr Francis Montgomries tennants anent accompts

The Lords of their Majesties privy Councill haveing Considered a report of a Committie of ther oun number appointed for reviseing the accompts resting by ther Majesties forces to the Countrey bearing that the said Comittie haveing Considered the accompts due by ther Majesties forces to Mr Francis Montgomries tenents of Inchlessly within the paroches of Erroll Kinaird and Inchture with the instructiones and verificationes of the same, They Find the haill articles of the said accompt suficiently instructed by oath and a great part quherof both by recepts and oath, and it is ther oppinion that the last article therof being two pund scots resting be Androw Ross is not to be allowed In Respect the said Androw is not designed by troop or regiement, And the Comittie finds That besyde this article ther is yet resting to the saids tenants by their majesties forces upon scots pay as they are stated upon troops and regiments in maner underwritten The soumes following Viz by my Lord Beilhavens troop sixtie nyne punds twelue shilling Eight penies Scots Item by My Lord Newbotle ane hundreth and twelue pund seven shilling money forsaid Item by my Lord Rollo’s troope Eighty Eight pund fourtein shilling two penies money forsaid Item by the Laird of Pollock his Troop Four punds four shill money forsaid Item by the Earle of Eglingtoune forsaid Item by the Lord Cardross regiment of Dragoons Ten pund Eight shilling money forsaid Item by Major Stewarts troop four pund sixtein shilling money forsaid Item by the Earle of Argylls regiment seventy two punds nyne shilling money forsaid Extending in the haill the saids articles altogither to the soume of thrie hundreth thrie score ten punds one shilling four penies scots And the Comittie Finds that the haill articles quherof this totall soume is made up are all furnished preceiding the first day of February Jaj vjc nyntie one And that they are all in the termes of the nynth act fourth session of this Current parliament intituled act for polemoney and of the proclamation of Councill relative therto dated the last Jaj vjc nyntie four years And therfore it is the Committies oppinion That the said soume of Thrie2 hundred thriescore ten punds one shilling four penies scots is to be payed to the said tenents out of the said polemoney, And that they are to be recomended to the Lords Commissioners of ther majesties thesaury for payment of the same accordingly, as the said report it self bears The saids Lords of their majesties privy Councill approves of the said Report And Recomends to the Lords Commissioners of their majesties thesaury To Cause payment be made to the saids tennents of Inschlessly within the paroches of Erroll, Inshture and Kinaird of the above soume of thrie hundreth thriescore ten punds one shilling four penies scots out of the present polemoney.

Edinburgh The first day of January Jaj vjc nyntie five years

D1695/1/21

Act

Act Mr Francis Montgomries tennants anent accompts

The Lords of their Majesties privy Councill haveing Considered a report of a Committie of ther oun number appointed for reviseing the accompts resting by ther Majesties forces to the Countrey bearing that the said Comittie haveing Considered the accompts due by ther Majesties forces to Mr Francis Montgomries tenents of Inchlessly within the paroches of Erroll Kinaird and Inchture with the instructiones and verificationes of the same, They Find the haill articles of the said accompt suficiently instructed by oath and a great part quherof both by recepts and oath, and it is ther oppinion that the last article therof being two pund scots resting be Androw Ross is not to be allowed In Respect the said Androw is not designed by troop or regiement, And the Comittie finds That besyde this article ther is yet resting to the saids tenants by their majesties forces upon scots pay as they are stated upon troops and regiments in maner underwritten The soumes following Viz by my Lord Beilhavens troop sixtie nyne punds twelue shilling Eight penies Scots Item by My Lord Newbotle ane hundreth and twelue pund seven shilling money forsaid Item by my Lord Rollo’s troope Eighty Eight pund fourtein shilling two penies money forsaid Item by the Laird of Pollock his Troop Four punds four shill money forsaid Item by the Earle of Eglingtoune forsaid Item by the Lord Cardross regiment of Dragoons Ten pund Eight shilling money forsaid Item by Major Stewarts troop four pund sixtein shilling money forsaid Item by the Earle of Argylls regiment seventy two punds nyne shilling money forsaid Extending in the haill the saids articles altogither to the soume of thrie hundreth thrie score ten punds one shilling four penies scots And the Comittie Finds that the haill articles quherof this totall soume is made up are all furnished preceiding the first day of February Jaj vjc nyntie one And that they are all in the termes of the nynth act fourth session of this Current parliament intituled act for polemoney and of the proclamation of Councill relative therto dated the last Jaj vjc nyntie four years And therfore it is the Committies oppinion That the said soume of Thrie2 hundred thriescore ten punds one shilling four penies scots is to be payed to the said tenents out of the said polemoney, And that they are to be recomended to the Lords Commissioners of ther majesties thesaury for payment of the same accordingly, as the said report it self bears The saids Lords of their majesties privy Councill approves of the said Report And Recomends to the Lords Commissioners of their majesties thesaury To Cause payment be made to the saids tennents of Inschlessly within the paroches of Erroll, Inshture and Kinaird of the above soume of thrie hundreth thriescore ten punds one shilling four penies scots out of the present polemoney.

1. NRS, PC2/25, 129r-129v.

2. The word ‘Thousand’ scored out here.

1. NRS, PC2/25, 129r-129v.

2. The word ‘Thousand’ scored out here.

Sederunt, 1 January 1695, Edinburgh

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Edinburgh The first day of January Jaj vjc nyntie five years1

D1695/1/12

Sederunt

Earl of Argyll; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Leven; Earl of Anandale preces; Earl of Forfar; Earl of Broadalbine; Viscount Tarbat; Lord Raith T dpt; Lord Carmicheall; Mr Fra: Montgomry; Laird of Grant.

Edinburgh The first day of January Jaj vjc nyntie five years1

D1695/1/12

Sederunt

Earl of Argyll; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Leven; Earl of Anandale preces; Earl of Forfar; Earl of Broadalbine; Viscount Tarbat; Lord Raith T dpt; Lord Carmicheall; Mr Fra: Montgomry; Laird of Grant.

1. NRS, PC2/25, 129r.

2. NRS, PC2/25, 129r.

1. NRS, PC2/25, 129r.

2. NRS, PC2/25, 129r.

Warrant, 1 January 1695, Edinburgh

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At Edinburgh Tuesday 1st January 1695

A1695/1/21

Warrant

Warrand to continue Innes of Towie at Liberty

Innes of Towie haveing appeared before the Lords of their majesties privy Councille and acknowledged That He had found bale for fyve Hundred pound sterline at London to sist himself before their Lordships this day which now he had accordinglie The said Lords doe hereby declaire the said […] Innes to be at libertie to goe about his affaires as any others of their majesties free leidges he first giveing bond and finding sufficient Cautione acted in the books of privy Councill That He shall live peaceably under and with all submissione to the present Government of their majesties King William and Queen Marie And that He shall not act consult nor contryve anything in prejudice therof nor converse or correspond with any rebells and that He shall appear before the said Lords of their majesties privie Councille when called for under the penaltie of fyve thousand merks scots in case he shall transgress in any part of the premisses

At Edinburgh Tuesday 1st January 1695

A1695/1/21

Warrant

Warrand to continue Innes of Towie at Liberty

Innes of Towie haveing appeared before the Lords of their majesties privy Councille and acknowledged That He had found bale for fyve Hundred pound sterline at London to sist himself before their Lordships this day which now he had accordinglie The said Lords doe hereby declaire the said […] Innes to be at libertie to goe about his affaires as any others of their majesties free leidges he first giveing bond and finding sufficient Cautione acted in the books of privy Councill That He shall live peaceably under and with all submissione to the present Government of their majesties King William and Queen Marie And that He shall not act consult nor contryve anything in prejudice therof nor converse or correspond with any rebells and that He shall appear before the said Lords of their majesties privie Councille when called for under the penaltie of fyve thousand merks scots in case he shall transgress in any part of the premisses

1. NRS, PC1/50, 86.

1. NRS, PC1/50, 86.

Sederunt, 1 January 1695, Edinburgh

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At Edinburgh Tuesday 1st January 16951

A1695/1/12

Sederunt

3 Earl of Argyle; Earl of Southerland; Earl of Mortoune; Earl of Cassills; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Breadalbane; Viscount Tarbat; Lord Raith; Lord Carmichaell; Mr Fra Montgomrie; Laird of Grant

At Edinburgh Tuesday 1st January 16951

A1695/1/12

Sederunt

3 Earl of Argyle; Earl of Southerland; Earl of Mortoune; Earl of Cassills; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Breadalbane; Viscount Tarbat; Lord Raith; Lord Carmichaell; Mr Fra Montgomrie; Laird of Grant

1. NRS, PC1/50, 85.

2. NRS, PC1/50, 85.

3. Marginal insertion scored out: ‘Warrand to continue Innes of Towie at libertie’.

1. NRS, PC1/50, 85.

2. NRS, PC1/50, 85.

3. Marginal insertion scored out: ‘Warrand to continue Innes of Towie at libertie’.