Tag Archives: 1 March 1694

Act, 1 March 1694, Edinburgh

Posted on by

Edinburgh the first day of march Jaj vjc nyntie four years

D1694/3/41

Act

Act and Remitt James Bain Wright

Anent a Petition given in to the Lords of their Majesties privy Councill be James Bain wright burges of Edinburgh Shewing That quher the petitioner haveing been Imployed as right for the rebuilding of the palace of Hollyruidhouse and Castles of Edinburgh and Stirling and Bass and furnishing of Timber to these several works. For the effectuating quherof he was necessitate to lift up his own stock of the hands of noble-persones and Imploy the samen in paying his servants who wrought the work and merchants from whom the timber was bought To Witt from the present Lord Chancellor Eight Thousand merks from Panmuir tuelue 2 Thousand3 merks and from other noblemen and Gentlmen fiftein Thousand merks Extending in all to the thretie five thousand merks of principall besydes five thousand five hundred merks of annualrents and when all his oun was spent he was forced to borrow money upon bond which is very Considerable and besydes the Loss of the annualrent of his oun money he payes annualrent for that which he borrowed, Wheras at his entrie to ther Majesties works he hade not on sixpence of debt but hade a stock of money upon Securitie and timber Lying in the Bush of Leith of a very Considerable value, so that if he were but re Imbursed of the soumes of money he has actually uplifted and the annualrents therof since that time and of what debts he has Contracts he will not have on six pence to himself for his paines and travell dureing the space of the abovewritten works, And his late majestie takeing this to Consideration wrot a letter to the Lords of thesaurie in favors of the petitioner upon Which they appointed thrie of their number To Witt the present Lord Chancelor, Generall Drummond and Balcarras to Consider the petitioners Compts and instructions Which being done They Fand upwards of two thousand pounds Sterling due to the petitioner besydes the two thousand pund Sterling money for defalcationes and Losses Which they did not fully consider, And for some ease to the petitioner The Lords of Councill Recommended him to the Lords of Sessione for a suspensione against his Creditors ay and whill the money due to him be the king were payed, Which Suspensione he obtained But at present no regaird is hade to it, And for satisfieing some of his most rigid Creditors The Lords of thesaurie granted him a precept for five hundred punds Sterling upon Maxwell of Kirkconnell then one of his majesties receivers But the petitioner has gotten no payment as the precept heirwith produced will testifie to the Saids Lords, And albeit the petitioner obtained a supercidere for some time from his Creditors till they could see if he could obtaine payment from the Lords of thesaurie yet they haveing mett with so many delayes from him they have now fallen most rigidly upon him and would not attend the event of his petition to the saids Lords Bot James Marshall writter and factor for […] Burnet daughter to the deceast Thomas Burnet merchant in Edinburgh has incarcerat the petitioner within the Tolbooth of the said burgh for a Considerable sum of money Which he borrowed from the said Thomas to cary on ther majesties works, And he is also under severall other great straits and deficulties haveing nothing wherwith to mantaine himself in prison nor his familly at home Others of his Creditors being in possessione of his lands within the toune of Edinburgh for debts which the petitioner also Contracted for Carieing on ther majesties works and it being inconsistant with the Justice of the natione that the petitioner should starve for want and have nothing allowed him for what is profitablie expended for the use of the government And Therfore Humbly Craveing the Lords to take the petitioners hard and Sad Circumstances to their serious Consideration and to Recomend to the Lords of thessaurie forth with to pay to the petitioner the two thousand pounds already adjusted, and to revise his other accompts and instructiones for the other two Thousand punds money forsaid not yet adjusted and make payment to him of what shall be due with annualrents since the soumes became due and that the precept heirwith produced for five hundred punds sterling which is not yet payed may be Recomended to be payed in the first place and in mean time ordaine the petitioner to be Sett at Libertie and Grant protectione against all Creditors till the said adjustment and payment quherby authoritie will appear in its justice the petitioners Creditors will be payed and no tradsman discouradged to medle in publict works for the advancement of what is proper for the government to have done as the said petitione bears The Lords of their majesties privy Councill Haveing Considered this petition given in to them be the above James Baine They heirby Recomend to the Lords of Councill and session to exped ane Suspensione Relaxatione and charge to put to libertie In favors of the petitioner Upon his Consigneing in the hands of the Creditors of the bills ane disposition in favors of Creditors of the debt resting be the king and the publict to him.

Edinburgh the first day of march Jaj vjc nyntie four years

D1694/3/41

Act

Act and Remitt James Bain Wright

Anent a Petition given in to the Lords of their Majesties privy Councill be James Bain wright burges of Edinburgh Shewing That quher the petitioner haveing been Imployed as right for the rebuilding of the palace of Hollyruidhouse and Castles of Edinburgh and Stirling and Bass and furnishing of Timber to these several works. For the effectuating quherof he was necessitate to lift up his own stock of the hands of noble-persones and Imploy the samen in paying his servants who wrought the work and merchants from whom the timber was bought To Witt from the present Lord Chancellor Eight Thousand merks from Panmuir tuelue 2 Thousand3 merks and from other noblemen and Gentlmen fiftein Thousand merks Extending in all to the thretie five thousand merks of principall besydes five thousand five hundred merks of annualrents and when all his oun was spent he was forced to borrow money upon bond which is very Considerable and besydes the Loss of the annualrent of his oun money he payes annualrent for that which he borrowed, Wheras at his entrie to ther Majesties works he hade not on sixpence of debt but hade a stock of money upon Securitie and timber Lying in the Bush of Leith of a very Considerable value, so that if he were but re Imbursed of the soumes of money he has actually uplifted and the annualrents therof since that time and of what debts he has Contracts he will not have on six pence to himself for his paines and travell dureing the space of the abovewritten works, And his late majestie takeing this to Consideration wrot a letter to the Lords of thesaurie in favors of the petitioner upon Which they appointed thrie of their number To Witt the present Lord Chancelor, Generall Drummond and Balcarras to Consider the petitioners Compts and instructions Which being done They Fand upwards of two thousand pounds Sterling due to the petitioner besydes the two thousand pund Sterling money for defalcationes and Losses Which they did not fully consider, And for some ease to the petitioner The Lords of Councill Recommended him to the Lords of Sessione for a suspensione against his Creditors ay and whill the money due to him be the king were payed, Which Suspensione he obtained But at present no regaird is hade to it, And for satisfieing some of his most rigid Creditors The Lords of thesaurie granted him a precept for five hundred punds Sterling upon Maxwell of Kirkconnell then one of his majesties receivers But the petitioner has gotten no payment as the precept heirwith produced will testifie to the Saids Lords, And albeit the petitioner obtained a supercidere for some time from his Creditors till they could see if he could obtaine payment from the Lords of thesaurie yet they haveing mett with so many delayes from him they have now fallen most rigidly upon him and would not attend the event of his petition to the saids Lords Bot James Marshall writter and factor for […] Burnet daughter to the deceast Thomas Burnet merchant in Edinburgh has incarcerat the petitioner within the Tolbooth of the said burgh for a Considerable sum of money Which he borrowed from the said Thomas to cary on ther majesties works, And he is also under severall other great straits and deficulties haveing nothing wherwith to mantaine himself in prison nor his familly at home Others of his Creditors being in possessione of his lands within the toune of Edinburgh for debts which the petitioner also Contracted for Carieing on ther majesties works and it being inconsistant with the Justice of the natione that the petitioner should starve for want and have nothing allowed him for what is profitablie expended for the use of the government And Therfore Humbly Craveing the Lords to take the petitioners hard and Sad Circumstances to their serious Consideration and to Recomend to the Lords of thessaurie forth with to pay to the petitioner the two thousand pounds already adjusted, and to revise his other accompts and instructiones for the other two Thousand punds money forsaid not yet adjusted and make payment to him of what shall be due with annualrents since the soumes became due and that the precept heirwith produced for five hundred punds sterling which is not yet payed may be Recomended to be payed in the first place and in mean time ordaine the petitioner to be Sett at Libertie and Grant protectione against all Creditors till the said adjustment and payment quherby authoritie will appear in its justice the petitioners Creditors will be payed and no tradsman discouradged to medle in publict works for the advancement of what is proper for the government to have done as the said petitione bears The Lords of their majesties privy Councill Haveing Considered this petition given in to them be the above James Baine They heirby Recomend to the Lords of Councill and session to exped ane Suspensione Relaxatione and charge to put to libertie In favors of the petitioner Upon his Consigneing in the hands of the Creditors of the bills ane disposition in favors of Creditors of the debt resting be the king and the publict to him.

1. NRS, PC2/24, 352v-353v.

2. The word ‘hundred’ scored out here.

3. Insertion.

1. NRS, PC2/24, 352v-353v.

2. The word ‘hundred’ scored out here.

3. Insertion.

Act, 1 March 1694, Edinburgh

Posted on by

Edinburgh the first day of march Jaj vjc nyntie four years

D1694/3/31

Act

Act the Laird and Lady of Drum

Anent a Petition given in be Robert Irvine of Fedret nearest agnat to Alexander Irvine of Drum and the other nearest relationes on both sydes Shewing That quher ther being breives Issued furth of our soveraigne Lord and Ladies Chancelory for Declaring of Alexander Irvine of Drum fatous and Idiot before the shirreff Or his deputes of the shyre wher he Lives And for serving a tutor to him Conforme to the Law and acts of this realme, And it being needfull that the said Alexander Irvine of Drum be sisted personally before the members of the inquiry That they may be the clearer and distincter in their verdict, and it being likewayes to be feared that these who are about him, may stop or Imped his Compeirance and therby indeavor to frustrat and disappoint so good and necessar a work for the preservatione of that antient familly and so weell founded in law necessar it was that the saids Lords Grant Warrand (as is usuall in such case) to the shireff of the shyre wher he Lives to send parties for bringing into him the said Alexander Irvine with whom he may be sequestrat untill the dyet of the said syze and then produced personally before the inquest that they may Cognisses upon his fatuositie And Therfore humbly Craveing the saids Lords would be pleased Conforme to the ordinary Course of Justice To Grant warrand to the shireff of the shyre (to whom the breives are directed) To take the said Alexander Irvine in his Custody and to keep him so as that (allowing him all necessary freedome) he may be produced before the assyze as the petition bears Which petition being read in presence of the saids Lords upon the twentie seventh day of February Last They allowed the Laird of Drum to see and answer the same Who haveing gott up the said petitione Gave in the answers following accordingly viz That a more groundless Lawless and insolent petitione was never presented before the saids Lords For first tho the2 petition be given in in the name of Fedret yet it is not subscryved by him or any for him Which is a suficient objectione against any petitione whatsomever exhibit before the saids Lords, Bot that a petition should be given in by Fedrat as nearest agnat and for the other nearest relationes one both sydes to the Laird of Drum to the intent to declare him Idiot, and yet signed by no body is ane Insolencie and Injurie for which the givers in of the bill ought to be made accomptable Secundo as to that the bill were signed as it is not yet was it ever heard that upon the takeing out of breives to declare a man Idiot before ther being execute ane order should be demanded to apprehend the persone against whom they are to be execute, Wheras the true method is first to take out the breives and then to execute them and incase they be not obeyed and that Drum Compeir not then to Crave extraordinary remedies Tertio Esto the breives were execute against Drum, yet he may and no doubt will advocat the same to the Lords Which being a remeedie Competent in Law And most Just in this case the petitioner is most unjust and Injurious to offer to anticipat by this groundless petition But /4o/ the petitioner sayes that what is demanded is usuall, Wheras it is most certaine tha the like was never aither practised or so much as Demanded in Scotland But the true method is that if a breive of Idiotrie be taken out and execute and if the persone pretended to be Idiot and Compeir not then all that the Judge can doe Is to find him Contumacious and in that case application may be mae to the Lords that he may be declared Such and by them interdicted as a persone incapable to manadge his affairs But to offer to apprehend a free Leidge and by force to sist him before ane inquest is without Law and in effect ane Opression suficient to make a wise man and farr more a weakman madd. But /5o/ The Calumnie of this petition is unsupportable in as much as it is knowen that the formerly of Drum being ane ancient honorable familly And that the father of this Drum fore seeing his sones weaknes Did Taillie his Estate and appoint administrators for the same Lykas the Lords of sessione have ever since continued the estate under administrators So that Drum being virtually interdicted and the estate under administratione It is not Imaginable how he can prejudge it nor can any man apprehend any other designe in that raiseing of the said breives and in the presenting of the said petition Except it be for Fedret and the nearest of kine to put ane affront upon their Cheiff and to Declare to the world their Ignorance of Law and unaccountable Insolence /6o/ The Estate being secured by sequestration allready and the Lairds condition is not so absolutly weak as may appear by his missive letter heirwith produced and that however it wer hard to staine the familly and the Lairds posterity he being long agoe maried and that the estate being secured as said is, The Lady and her relationes Esto others would not concerne themselves will oppose the personall Indignitie that arysses from the very attempt of being Declared ane Idiot or fatuous and will be 3 able to make it appear before the Lords of sessione that the would cannot prevaill in such ane attempt nevertheless of the nearest agnat or any else of the name that is rej suq providus will find suficient Caution in the termes of the Lords of sessions act made anent the estate of Drum this session the Lady and her freinds are Content furth with have the manadgment of the estate of Drum this session the Lady and her freinds are Content furthwith have the manadgment of the estate But the securitie of the estate tho it be all that in Law in cases of weaknes proposes, And all that the petitioners ought to propose, yet it is Credibly informed he intends oune oppenly to discredit and defame the Lairds person his memorie and familly by attempting upon him before shirreffs be the event what will: Therfore and since the Course of Law is Certaine and that in effect the estate is Secured from all deeds that this Drum can doe to prejudge it It is humbly Craved that the Lords would not only reject this petition, but call for the presenter therof to exhibit his warrand and give him a Just repremand And in the mean time Discharge the shireff or any other inferior Judges ther procedur in the said matter. The Lords of ther Majesties privy Councill haveing Considered this petition given in to them be the above Robert Irvine of Fedret with the answers given in therto be the Laird of Drum They Refuse the Desyre of the petitione And Discharges the shireff of Aberdeen and his deputs or others To Lay any restraint upon or medle with the person of the said Laird of Drum upon the account of the Service of Idiotrie mentioned in the above petition any maner of way: 4

Edinburgh the first day of march Jaj vjc nyntie four years

D1694/3/31

Act

Act the Laird and Lady of Drum

Anent a Petition given in be Robert Irvine of Fedret nearest agnat to Alexander Irvine of Drum and the other nearest relationes on both sydes Shewing That quher ther being breives Issued furth of our soveraigne Lord and Ladies Chancelory for Declaring of Alexander Irvine of Drum fatous and Idiot before the shirreff Or his deputes of the shyre wher he Lives And for serving a tutor to him Conforme to the Law and acts of this realme, And it being needfull that the said Alexander Irvine of Drum be sisted personally before the members of the inquiry That they may be the clearer and distincter in their verdict, and it being likewayes to be feared that these who are about him, may stop or Imped his Compeirance and therby indeavor to frustrat and disappoint so good and necessar a work for the preservatione of that antient familly and so weell founded in law necessar it was that the saids Lords Grant Warrand (as is usuall in such case) to the shireff of the shyre wher he Lives to send parties for bringing into him the said Alexander Irvine with whom he may be sequestrat untill the dyet of the said syze and then produced personally before the inquest that they may Cognisses upon his fatuositie And Therfore humbly Craveing the saids Lords would be pleased Conforme to the ordinary Course of Justice To Grant warrand to the shireff of the shyre (to whom the breives are directed) To take the said Alexander Irvine in his Custody and to keep him so as that (allowing him all necessary freedome) he may be produced before the assyze as the petition bears Which petition being read in presence of the saids Lords upon the twentie seventh day of February Last They allowed the Laird of Drum to see and answer the same Who haveing gott up the said petitione Gave in the answers following accordingly viz That a more groundless Lawless and insolent petitione was never presented before the saids Lords For first tho the2 petition be given in in the name of Fedret yet it is not subscryved by him or any for him Which is a suficient objectione against any petitione whatsomever exhibit before the saids Lords, Bot that a petition should be given in by Fedrat as nearest agnat and for the other nearest relationes one both sydes to the Laird of Drum to the intent to declare him Idiot, and yet signed by no body is ane Insolencie and Injurie for which the givers in of the bill ought to be made accomptable Secundo as to that the bill were signed as it is not yet was it ever heard that upon the takeing out of breives to declare a man Idiot before ther being execute ane order should be demanded to apprehend the persone against whom they are to be execute, Wheras the true method is first to take out the breives and then to execute them and incase they be not obeyed and that Drum Compeir not then to Crave extraordinary remedies Tertio Esto the breives were execute against Drum, yet he may and no doubt will advocat the same to the Lords Which being a remeedie Competent in Law And most Just in this case the petitioner is most unjust and Injurious to offer to anticipat by this groundless petition But /4o/ the petitioner sayes that what is demanded is usuall, Wheras it is most certaine tha the like was never aither practised or so much as Demanded in Scotland But the true method is that if a breive of Idiotrie be taken out and execute and if the persone pretended to be Idiot and Compeir not then all that the Judge can doe Is to find him Contumacious and in that case application may be mae to the Lords that he may be declared Such and by them interdicted as a persone incapable to manadge his affairs But to offer to apprehend a free Leidge and by force to sist him before ane inquest is without Law and in effect ane Opression suficient to make a wise man and farr more a weakman madd. But /5o/ The Calumnie of this petition is unsupportable in as much as it is knowen that the formerly of Drum being ane ancient honorable familly And that the father of this Drum fore seeing his sones weaknes Did Taillie his Estate and appoint administrators for the same Lykas the Lords of sessione have ever since continued the estate under administrators So that Drum being virtually interdicted and the estate under administratione It is not Imaginable how he can prejudge it nor can any man apprehend any other designe in that raiseing of the said breives and in the presenting of the said petition Except it be for Fedret and the nearest of kine to put ane affront upon their Cheiff and to Declare to the world their Ignorance of Law and unaccountable Insolence /6o/ The Estate being secured by sequestration allready and the Lairds condition is not so absolutly weak as may appear by his missive letter heirwith produced and that however it wer hard to staine the familly and the Lairds posterity he being long agoe maried and that the estate being secured as said is, The Lady and her relationes Esto others would not concerne themselves will oppose the personall Indignitie that arysses from the very attempt of being Declared ane Idiot or fatuous and will be 3 able to make it appear before the Lords of sessione that the would cannot prevaill in such ane attempt nevertheless of the nearest agnat or any else of the name that is rej suq providus will find suficient Caution in the termes of the Lords of sessions act made anent the estate of Drum this session the Lady and her freinds are Content furth with have the manadgment of the estate of Drum this session the Lady and her freinds are Content furthwith have the manadgment of the estate But the securitie of the estate tho it be all that in Law in cases of weaknes proposes, And all that the petitioners ought to propose, yet it is Credibly informed he intends oune oppenly to discredit and defame the Lairds person his memorie and familly by attempting upon him before shirreffs be the event what will: Therfore and since the Course of Law is Certaine and that in effect the estate is Secured from all deeds that this Drum can doe to prejudge it It is humbly Craved that the Lords would not only reject this petition, but call for the presenter therof to exhibit his warrand and give him a Just repremand And in the mean time Discharge the shireff or any other inferior Judges ther procedur in the said matter. The Lords of ther Majesties privy Councill haveing Considered this petition given in to them be the above Robert Irvine of Fedret with the answers given in therto be the Laird of Drum They Refuse the Desyre of the petitione And Discharges the shireff of Aberdeen and his deputs or others To Lay any restraint upon or medle with the person of the said Laird of Drum upon the account of the Service of Idiotrie mentioned in the above petition any maner of way: 4

1. NRS, PC2/24, 350v-352r.

2. Insertion.

3. One illegible word scored out here.

4. Marginal note: ‘To Forbes’.

1. NRS, PC2/24, 350v-352r.

2. Insertion.

3. One illegible word scored out here.

4. Marginal note: ‘To Forbes’.

Procedure, 1 March 1694, Edinburgh

Posted on by

Edinburgh the first day of march Jaj vjc nyntie four years

D1694/3/21

Procedure

Protestation for not insisting Veitch Against Edmunstoune

The Which day the Lybell at the instance of William Veitch in Smitwood with Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwritten Against James Edmonstone wright burges of Lauder Toutching the defender his haveing rent and torne in peices and throwen into the fire a bond of presentation subscribed by William Waddell in Tralbrown and the defender as Cautioner for him and therby being guilty of ane high Ryot Being called in presence of the Lords of their majesties privy Councill and the pursuer being absent and not Compeiring personally Bot Mr John Menzies offering to Compeir as advocat for him, And the defender being present and Compeiring personally The saids Lords Doe heirby Grant protestation for not insisting at the defenders instance against the pursuer, And Declares that the defender shall not be holden to answer to the said lybell untill he be of now cite againe for that effect.

Edinburgh the first day of march Jaj vjc nyntie four years

D1694/3/21

Procedure

Protestation for not insisting Veitch Against Edmunstoune

The Which day the Lybell at the instance of William Veitch in Smitwood with Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwritten Against James Edmonstone wright burges of Lauder Toutching the defender his haveing rent and torne in peices and throwen into the fire a bond of presentation subscribed by William Waddell in Tralbrown and the defender as Cautioner for him and therby being guilty of ane high Ryot Being called in presence of the Lords of their majesties privy Councill and the pursuer being absent and not Compeiring personally Bot Mr John Menzies offering to Compeir as advocat for him, And the defender being present and Compeiring personally The saids Lords Doe heirby Grant protestation for not insisting at the defenders instance against the pursuer, And Declares that the defender shall not be holden to answer to the said lybell untill he be of now cite againe for that effect.

1. NRS, PC2/24, 350r-350v.

1. NRS, PC2/24, 350r-350v.

Sederunt, 1 March 1694, Edinburgh

Posted on by

Edinburgh the first day of march Jaj vjc nyntie four years1

D1694/3/12

Sederunt

Lord Chancelor; Earl of Melvill; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Ross; Lord Belhaven; Lord Polwarth; Master of Forbes; Lord Advocat; Lord Enstruther; Mr Fra: Montgomrie; Laird of Stivensone; Sir Thomas Livingstoune

Edinburgh the first day of march Jaj vjc nyntie four years1

D1694/3/12

Sederunt

Lord Chancelor; Earl of Melvill; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Ross; Lord Belhaven; Lord Polwarth; Master of Forbes; Lord Advocat; Lord Enstruther; Mr Fra: Montgomrie; Laird of Stivensone; Sir Thomas Livingstoune

1. NRS, PC2/24, 350r.

2. NRS, PC2/24, 350r.

1. NRS, PC2/24, 350r.

2. NRS, PC2/24, 350r.

Act, 1 March 1694, Edinburgh

Posted on by

Att Edinburgh the first day of March Jaj vic nyntie four years

A1694/3/31

Act

Act James Paton

Anent the petitione Given In to the Lords of their Majesties privie Councill Be James Patoune Sheuing That wheras the petitioner being detained in closs prisone for the space of seven weeks And Having formerly applied to their Lordshipps Representing that any contumacy or obstinacy at first in his refuising to depone as to the Import and explanation of the Letter did proceed meerly from his Ignorance and surprizall And therfore Humbly Craving their Lordships pardon for any offence therby given to the honoraball privie Councill And the Lord Advocat having since re-examined the petitioner He hath sufficiently purged his Contumacy By declaring all that he knew in the said matter as his Lordship can testifie And therfore Humblie Craving to the effect underwryten as the said petitione Bears The saids Lords of their Majesties privy Councill Having Considered the above petitione And Having also Considered the report of a Committie appointed for examining the petitioner verballie made to their Lordships Be Sir James Steuart their Majesties Advocat That the Committie had examined him upon oath and Could find nothing of Import by his examinatione They heirby Give ordor and warrand to the magistrats of Edinburgh and Keeper of their tolbooth To sett the petitioner at Libertie In respect he hath given bond and found sufficient Cautione acted in the books of privie Councill That he shall Live peacably under and uith all submission to the present government of their Majesties King William and Queen Mary And that he shall not Act Consult nor Contrive any thing in prejudice therof nor shall not Converss or Correspond uith any rebells and that he shall appear before the saids Lords of privie Councill when called for under the penaltie of one hundred pounds Sterline In caise he shall transgress in any pairt of the premisses And Recalls the former sentence of Banishment pronunced be the saids Lords against the petitioner upon the Tuenty Eight day of december Last by past And discharges the same to be putt to execution against him at any tyme heirafter

Att Edinburgh the first day of March Jaj vic nyntie four years

A1694/3/31

Act

Act James Paton

Anent the petitione Given In to the Lords of their Majesties privie Councill Be James Patoune Sheuing That wheras the petitioner being detained in closs prisone for the space of seven weeks And Having formerly applied to their Lordshipps Representing that any contumacy or obstinacy at first in his refuising to depone as to the Import and explanation of the Letter did proceed meerly from his Ignorance and surprizall And therfore Humbly Craving their Lordships pardon for any offence therby given to the honoraball privie Councill And the Lord Advocat having since re-examined the petitioner He hath sufficiently purged his Contumacy By declaring all that he knew in the said matter as his Lordship can testifie And therfore Humblie Craving to the effect underwryten as the said petitione Bears The saids Lords of their Majesties privy Councill Having Considered the above petitione And Having also Considered the report of a Committie appointed for examining the petitioner verballie made to their Lordships Be Sir James Steuart their Majesties Advocat That the Committie had examined him upon oath and Could find nothing of Import by his examinatione They heirby Give ordor and warrand to the magistrats of Edinburgh and Keeper of their tolbooth To sett the petitioner at Libertie In respect he hath given bond and found sufficient Cautione acted in the books of privie Councill That he shall Live peacably under and uith all submission to the present government of their Majesties King William and Queen Mary And that he shall not Act Consult nor Contrive any thing in prejudice therof nor shall not Converss or Correspond uith any rebells and that he shall appear before the saids Lords of privie Councill when called for under the penaltie of one hundred pounds Sterline In caise he shall transgress in any pairt of the premisses And Recalls the former sentence of Banishment pronunced be the saids Lords against the petitioner upon the Tuenty Eight day of december Last by past And discharges the same to be putt to execution against him at any tyme heirafter

1. NRS, PC1/49, 290-1.

1. NRS, PC1/49, 290-1.

Act, 1 March 1694, Edinburgh

Posted on by

Att Edinburgh the first day of March Jaj vic nyntie four years

A1694/3/21

Act

Continuatione of The Viscount of Oxfoord Sir William Bruce and Leivt Collonell Windrhams Confynments

The Lords of their Majesties privie Councill Doe heirby allow the Viscount of Oxfoord Sir William Bruce of Kinross and Leivtennant Collonell George Windrhame to Continow at their respective Confynments aftermentioned till the first fryday of Apryle nixt Inclusive The saids three persons and each of them alwayes before the extracting heirof giving bond and finding sufficient Cautione acted in the books of privie Councill That they shall remaine Confyned at their respective Confynments aftermentioned viz The said Viscount of Oxfoord at his oune house of Nether Cranstoun and a Mylle about the same The said Sir William Bruce at his oune house of Kinross and a Mylle about the same and the said Leivtennant Collonell George Windrhame uithin the toune of Edinburgh and a Mylle about the same And that they shall not goe without the bounds of their saids respective Confynments and that they shall Reenter themselfes prisoners within the Castle of Stirling betuixt and the said first fryday of Apryle nixt Inclusive And In the mean tyme that they shall Live peacably under and with all submission to the present government of their Majesties King William and Queen Mary And that they shall not Act Consult nor Contrive any thing in prejudice therof nor shall not Converss or Correspond uith any rebells And that they shall appear before the saids Lords of privie Councill att any tyme when called for betuixt and the said first fryday of Apryle nixt under the respective penalties follouing viz The said Viscount of Oxfoord under the penaltie of tuenty thousand merks scotts The said Sir William Bruce under the penaltie of fyve hundreth pounds sterline and the said Leivt Collonell George Windrhame under the penaltie of ten thousand merks scotts In caise they shall transgress in any pairt of the premisses

Att Edinburgh the first day of March Jaj vic nyntie four years

A1694/3/21

Act

Continuatione of The Viscount of Oxfoord Sir William Bruce and Leivt Collonell Windrhams Confynments

The Lords of their Majesties privie Councill Doe heirby allow the Viscount of Oxfoord Sir William Bruce of Kinross and Leivtennant Collonell George Windrhame to Continow at their respective Confynments aftermentioned till the first fryday of Apryle nixt Inclusive The saids three persons and each of them alwayes before the extracting heirof giving bond and finding sufficient Cautione acted in the books of privie Councill That they shall remaine Confyned at their respective Confynments aftermentioned viz The said Viscount of Oxfoord at his oune house of Nether Cranstoun and a Mylle about the same The said Sir William Bruce at his oune house of Kinross and a Mylle about the same and the said Leivtennant Collonell George Windrhame uithin the toune of Edinburgh and a Mylle about the same And that they shall not goe without the bounds of their saids respective Confynments and that they shall Reenter themselfes prisoners within the Castle of Stirling betuixt and the said first fryday of Apryle nixt Inclusive And In the mean tyme that they shall Live peacably under and with all submission to the present government of their Majesties King William and Queen Mary And that they shall not Act Consult nor Contrive any thing in prejudice therof nor shall not Converss or Correspond uith any rebells And that they shall appear before the saids Lords of privie Councill att any tyme when called for betuixt and the said first fryday of Apryle nixt under the respective penalties follouing viz The said Viscount of Oxfoord under the penaltie of tuenty thousand merks scotts The said Sir William Bruce under the penaltie of fyve hundreth pounds sterline and the said Leivt Collonell George Windrhame under the penaltie of ten thousand merks scotts In caise they shall transgress in any pairt of the premisses

1. NRS, PC1/49, 290.

1. NRS, PC1/49, 290.

Sederunt, 1 March 1694, Edinburgh

Posted on by

Att Edinburgh the first day of March Jaj vic nyntie four years1

A1694/3/12

Sederunt

Lord Chancelor; Earl of Melvill p: s; Earl of Southerland; Earl of Cassillis; Earl of Linlithgow; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Ross; Lord Beilhaven; Lord Poluarth; Master of Forbess; Lord Advocat; Lord Anstruther; Mr Fra: Muntgomry; Laird of Stevensone; Sir Thomas Livingstoun

Att Edinburgh the first day of March Jaj vic nyntie four years1

A1694/3/12

Sederunt

Lord Chancelor; Earl of Melvill p: s; Earl of Southerland; Earl of Cassillis; Earl of Linlithgow; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Ross; Lord Beilhaven; Lord Poluarth; Master of Forbess; Lord Advocat; Lord Anstruther; Mr Fra: Muntgomry; Laird of Stevensone; Sir Thomas Livingstoun

1. NRS, PC1/49, 290.

2. NRS, PC1/49, 290.

1. NRS, PC1/49, 290.

2. NRS, PC1/49, 290.