Act, 10 April 1695, Edinburgh

Edinburgh Wedensday 10th Aprill 1695

D1695/4/131

Act

Act The Earl of Anandale and his majesties advocat contra Dalzell

Anent a Petition given in to the Lords of his Majesties privy Councill be William Earle of Anandale and Sir James Stewart his majesties advocat Shewing That quher upon the discovery of a most suspicious bond of about four thousand five hundred thretie thrie pund principall aledged to have been granted by the petitioners deceast father in the year Jaj vjc sixtie two years to the deceast Sir John Dalzell and Which was never since heard of notwithstanding of Sir John and his sone Sir Robert ther weell knowen Circumstances And that the petitioners father being therafter debitor to them in a lesser soume of Two Thousand merks the annualrents therof were from time to time payed But this alledged bond haveing been so long latent doeth now appear and it is pretended to be Conveyed by assignationes and translationes to the late Sir John Dalziell of Glenmore and was by his relict for his sones behoove Confirmed in her husbands testament, Wherupon the petitioner was necessitate to raise a reductione and Improvation of the said bond before the Lords of sessione And In Regiard that William Couper one of the witnesses in the bond in infirme and valetudinary as was attested to the Lords They upon ane petitione gave order that this oath and depositione should be taken, And for that effect that the Lady Glenae haver of the bond should exhibit the same, In obedience quherunto she did indeed Compeir and make faith and deponed that she hade the bond since the citatione given her upon the forsaid sumonds of reductione given her upon the forsaid sumonds of reductione and Improbatione, But that she put it away in the hands of another before the said ordinance of the Lords was given against her But refused flattly to declair in whose hands she putt it as she was Certainly bound to doe, and tho a second dilligence by Captione was given and execute against her, yet she gave in bills of suspensione untill they were refused by five of the Lords Conveened for that effect and then she Condescended in whose hands she hade put the bond viz that she hade put the same in the hands of Mistress Agnes Dalziell her husbands sister for letter preservation and that she did not know wher it now was or wher her sister was By all which it is evident that the forsaid methods have been industreously taken to hinder the said William Couper a dyeing man and one of the witnesses insert in the bond to depone anent the same and therby to eleid the petitioners actione of Improbatione which the petitioner has so good ground to pursue to prevent a burdein of no Less now then twentie thousand merks And seing that falshood especially when ther are such pregnant grounds of suspicion and such visible Courses taken for to hide and Cover the same ought to be prosecute with all dilligence and that now in this time of vacatione the ordinary remeedy by the Lords of session faills so that in all probabillity the forsaid infirme witnesses may be dead before the said Improbatione and that it Certainely belongs to ther Lordships in such casses to interpose ther authoritie for preventing such a manifast interpose ther authoritie for preventing such a manifast and designed abuse, Which cannot possibly be Otherwayes avoided And Therfore Humbly Craveing the saids Lords would be pleased in Consideratione of the premisses To give warrand to Charge the said Mrs Agnes Dalzell to Exhibit the forsaid bond in the hands of one of the Clerks of Councill with Certification that of the Clerks of Councill with Certification that if she faillie therin a second dilligence by Caption shall be direct against her and to give present warand for the same incase of her faillie, As alsoe incase of her Declareing that she hath shifted the bond into another hand to Charge the forsaid other persone or any else into whose hands it shall be Declared to be shifted with the like first and second dilligence that Justice may not be eluded by such manifast tricks specially seing that all the intent of the forsaid exhibitione which the petitioners is willing be Declared in ther Lordships out to the effect allenarly that the forsaid witnesses may see his subscriptione and Declair the treuth anent his subscriptione and Declair the treuth anent his subscryving, and granting of the bond without prejudice to the Lady Glenae her right as accords But that she shall have it instantly returned to her oun Custody untill the samen be orderly reduced and Improven as the said petition bears The Lords of his Majesties privy Councill Having Considered this petition given in to them be the Earle of Annandale etc his majestie advocat with the act of the Lords of sessione and depositiones taken therupon mentioned in the said petition, They heirby Give order and Warrand to ther Clerks to give out Letters Chargeing the above Mistress 2 Agnes3 Dalzill To exhibit in the hands of any one of ther Clerks the above bond Craved to be reduced and Improven quherin if she faillie the saids Lords authorizes ther saids Clerks to give out letters of Captain against her for that effect, and in case she shall depon4 upon oath the said bond to be shifted into any other hands ordaines the saids Clerks to give out letters for Charging the persone or persones in whose hands the said bond shall be deponed to be shifted to exhibit the same under the same Certification And if they faillie Ordaines Caption to be direct against them to the effect forsaid, And Declairs that this act is allenarly to the effect that William Couper alledged witnes in the said bond may see his subscriptione and depone upon oath and declare the treuth anent the subscryving and the granting of the said bond without prejudice of the Lady Glennaes right as accords, and Declares that the Lady shall instantly have the bond returned to her oun Custody untill the same be orderly reduced and Improven and Ordaines Letters on six dayes and others needfull to be direct heiron in forme as effeirs.
5When the above bill or petition was presented The Earle of Annandale petitioner Removed from the board, and his Lordship being president for the time, The Earle of Southerland was Chosen precess till the petition was read and the act past after quhich the Earl of Anandale took the Chair againe.

Edinburgh Wedensday 10th Aprill 1695

D1695/4/131

Act

Act The Earl of Anandale and his majesties advocat contra Dalzell

Anent a Petition given in to the Lords of his Majesties privy Councill be William Earle of Anandale and Sir James Stewart his majesties advocat Shewing That quher upon the discovery of a most suspicious bond of about four thousand five hundred thretie thrie pund principall aledged to have been granted by the petitioners deceast father in the year Jaj vjc sixtie two years to the deceast Sir John Dalzell and Which was never since heard of notwithstanding of Sir John and his sone Sir Robert ther weell knowen Circumstances And that the petitioners father being therafter debitor to them in a lesser soume of Two Thousand merks the annualrents therof were from time to time payed But this alledged bond haveing been so long latent doeth now appear and it is pretended to be Conveyed by assignationes and translationes to the late Sir John Dalziell of Glenmore and was by his relict for his sones behoove Confirmed in her husbands testament, Wherupon the petitioner was necessitate to raise a reductione and Improvation of the said bond before the Lords of sessione And In Regiard that William Couper one of the witnesses in the bond in infirme and valetudinary as was attested to the Lords They upon ane petitione gave order that this oath and depositione should be taken, And for that effect that the Lady Glenae haver of the bond should exhibit the same, In obedience quherunto she did indeed Compeir and make faith and deponed that she hade the bond since the citatione given her upon the forsaid sumonds of reductione given her upon the forsaid sumonds of reductione and Improbatione, But that she put it away in the hands of another before the said ordinance of the Lords was given against her But refused flattly to declair in whose hands she putt it as she was Certainly bound to doe, and tho a second dilligence by Captione was given and execute against her, yet she gave in bills of suspensione untill they were refused by five of the Lords Conveened for that effect and then she Condescended in whose hands she hade put the bond viz that she hade put the same in the hands of Mistress Agnes Dalziell her husbands sister for letter preservation and that she did not know wher it now was or wher her sister was By all which it is evident that the forsaid methods have been industreously taken to hinder the said William Couper a dyeing man and one of the witnesses insert in the bond to depone anent the same and therby to eleid the petitioners actione of Improbatione which the petitioner has so good ground to pursue to prevent a burdein of no Less now then twentie thousand merks And seing that falshood especially when ther are such pregnant grounds of suspicion and such visible Courses taken for to hide and Cover the same ought to be prosecute with all dilligence and that now in this time of vacatione the ordinary remeedy by the Lords of session faills so that in all probabillity the forsaid infirme witnesses may be dead before the said Improbatione and that it Certainely belongs to ther Lordships in such casses to interpose ther authoritie for preventing such a manifast interpose ther authoritie for preventing such a manifast and designed abuse, Which cannot possibly be Otherwayes avoided And Therfore Humbly Craveing the saids Lords would be pleased in Consideratione of the premisses To give warrand to Charge the said Mrs Agnes Dalzell to Exhibit the forsaid bond in the hands of one of the Clerks of Councill with Certification that of the Clerks of Councill with Certification that if she faillie therin a second dilligence by Caption shall be direct against her and to give present warand for the same incase of her faillie, As alsoe incase of her Declareing that she hath shifted the bond into another hand to Charge the forsaid other persone or any else into whose hands it shall be Declared to be shifted with the like first and second dilligence that Justice may not be eluded by such manifast tricks specially seing that all the intent of the forsaid exhibitione which the petitioners is willing be Declared in ther Lordships out to the effect allenarly that the forsaid witnesses may see his subscriptione and Declair the treuth anent his subscriptione and Declair the treuth anent his subscryving, and granting of the bond without prejudice to the Lady Glenae her right as accords But that she shall have it instantly returned to her oun Custody untill the samen be orderly reduced and Improven as the said petition bears The Lords of his Majesties privy Councill Having Considered this petition given in to them be the Earle of Annandale etc his majestie advocat with the act of the Lords of sessione and depositiones taken therupon mentioned in the said petition, They heirby Give order and Warrand to ther Clerks to give out Letters Chargeing the above Mistress 2 Agnes3 Dalzill To exhibit in the hands of any one of ther Clerks the above bond Craved to be reduced and Improven quherin if she faillie the saids Lords authorizes ther saids Clerks to give out letters of Captain against her for that effect, and in case she shall depon4 upon oath the said bond to be shifted into any other hands ordaines the saids Clerks to give out letters for Charging the persone or persones in whose hands the said bond shall be deponed to be shifted to exhibit the same under the same Certification And if they faillie Ordaines Caption to be direct against them to the effect forsaid, And Declairs that this act is allenarly to the effect that William Couper alledged witnes in the said bond may see his subscriptione and depone upon oath and declare the treuth anent the subscryving and the granting of the said bond without prejudice of the Lady Glennaes right as accords, and Declares that the Lady shall instantly have the bond returned to her oun Custody untill the same be orderly reduced and Improven and Ordaines Letters on six dayes and others needfull to be direct heiron in forme as effeirs.
5When the above bill or petition was presented The Earle of Annandale petitioner Removed from the board, and his Lordship being president for the time, The Earle of Southerland was Chosen precess till the petition was read and the act past after quhich the Earl of Anandale took the Chair againe.

1. NRS, PC2/25, 233r-235r.

2. The word ‘Margrat’ scored out here.

3. Insertion.

4. Insertion.

5. Marginal note: ‘Notta’.

1. NRS, PC2/25, 233r-235r.

2. The word ‘Margrat’ scored out here.

3. Insertion.

4. Insertion.

5. Marginal note: ‘Notta’.

Order, 10 April 1695, Edinburgh

Edinburgh Wedensday 10th Aprill 1695

D1695/4/121

Order

Recomendation Anent the accompts resting be Captain Rollo

The Lords of his majesties privy Councill having Considered a Report of the Comittie appointed for revising the accompts resting to his Majesties forces to the Countrey Bearing that the said Comittie haveing Considered the accompts given in to them as resting be his majesties forces upon scots pay to Captaine Andrew Rollo Governor of Findlarig With the instructiones and verifications therof They Find that the articles following of the saids accompts viz the soume of Fourscore thretein punds nyntein shilling four penies resting be Livd […] Calder in the Earle of Glencarne his regiment Item the soume of six hundreth Fourscore one punds fourtein shilling four penies resting be Captaine George Prestoune in the Lord Strathnavers regiment for himself and his Company Item the soume of Fiftie four punds Seventein shilling resting be Livd Thomas Rae in the said Regiment are not suficiently instructed, And it is the Committies oppinion that albeit their articles be not suficiently instructed, yet seing the accompt quherin the same are stated is timeously given in That Therfore they should not be rejected, But a farder time should yet be allowed for instructing the same and leaves to his majesties privy Councill to appoint a day for that effect And Finds besides the articles forsaids to be remitted to farder probatione It is suficiently verified and proven be subscribed accompts and recepts under the hands of the officers or souldiers of the regiments following all produced to and Considered be the Committie That ther is resting be his majesties forces upon scots pay to the said Captaine Androw Rollo the soumes following viz Be the Earle of Glencairne his regiment of foot the soume of ane thousand five hundreth and Fourscore four punds thrie shilling scots Item by the Lord Strathnaver his regiment of foot the Soume of Seven hundreth fiftie four punds Eleven shilling four pences scots Extending both the saids soumes togither to the soume of Two Thousand thrie hundreth threttie Eight punds fourtein shilling four penies scots And Finds that the haill articles quherof the Last Soume is made up were all furnished preceiding the first day of February Jaj vjc nyntie one years, And that they are all in the termes of the nynth act thrid session of this Current parliament Intituled act for polemoney and of the proclamatione of Councell relative therto And Therfore Its the Committies oppinion that the said soume of Two Thousand thrie hundreth and thretie Eight punds fourtein shilling four penies is to be payed to the said Captain Androw Rollo out of the present polemoney And that he is to be Recomended to the Lords Commissioners of his majesties thesaurie for payment of the same accordingly, And Finds that besides the haill articles forsaids ther is resting be Captaine Hew Kennedy in the said Lord Strathnavers regiment to the said Captaine Androw Rollo the soume of thriescore sixtein punds fiftein shilling four penies scots And In Respect it does not appear that this was applyed to the use of the Company or regiment to which he belongs Therfore Its the Committies oppinion that the same is not to be payed out of the polemoney amongst the debts resting be the forces to the Countrey But that it be Recomended to the Lords of the thesaury to stopt the arreirs if any shall be found due to the said Captain Kennedy out of the polemoney after the debts resting be the army to the Countrey Is satisfied and payed furth therof untill the said Captain Rollo be payed of the said soume as the said Report bears They The saids Lords of his Majesties privy Councill Doe heirby Approve of the said report and haveing Considered the military testament of the said Captaine Rollo written and subscryved with his oun hand They Find that the soumes in the saids accompts and report forsaid following upon doe pertaine and belong to Elizabeth Rollo second daughter to Hary Rollo of Woodsyde (brother to the said Captaine Rollo now deceast) procreat betwixt him and Margret Young his spouse And Therfore the saids Lords Doe heirby appoint the articles mentioned in the said report as not yet instructed to be instructed be the said Elizabeth Rollo and her said father as administrator of the Law to her said father as administrator of the Law to her at any time betwixt and the first day of november nixt to come and allowes the Clerks of privy Councill to receive in the saids instructiones at any time betwixt and the said first day of november nixt to come And Recommends to the Lords Commissioners of his majesties thesaury To Cause payment be made to the said Henry Rollo of Woodside as administrator of the Law to his said daughter of the soume of Two Thousand thrie hundred and threttie eight punds fourtein shilling four penies scots money mentioned in the said report as resting be his majesties forces upon scots pay and that out of the present polemoney and amongst the debts resting by his majesties forces to the Countrey And Recomends to the saids Lords to stopt any arreirs which shall be found due to Captaine Kennedy out of the polemoney after the debts resting to the Countrey are payed Conforme to and in the termes of the said report.

Edinburgh Wedensday 10th Aprill 1695

D1695/4/121

Order

Recomendation Anent the accompts resting be Captain Rollo

The Lords of his majesties privy Councill having Considered a Report of the Comittie appointed for revising the accompts resting to his Majesties forces to the Countrey Bearing that the said Comittie haveing Considered the accompts given in to them as resting be his majesties forces upon scots pay to Captaine Andrew Rollo Governor of Findlarig With the instructiones and verifications therof They Find that the articles following of the saids accompts viz the soume of Fourscore thretein punds nyntein shilling four penies resting be Livd […] Calder in the Earle of Glencarne his regiment Item the soume of six hundreth Fourscore one punds fourtein shilling four penies resting be Captaine George Prestoune in the Lord Strathnavers regiment for himself and his Company Item the soume of Fiftie four punds Seventein shilling resting be Livd Thomas Rae in the said Regiment are not suficiently instructed, And it is the Committies oppinion that albeit their articles be not suficiently instructed, yet seing the accompt quherin the same are stated is timeously given in That Therfore they should not be rejected, But a farder time should yet be allowed for instructing the same and leaves to his majesties privy Councill to appoint a day for that effect And Finds besides the articles forsaids to be remitted to farder probatione It is suficiently verified and proven be subscribed accompts and recepts under the hands of the officers or souldiers of the regiments following all produced to and Considered be the Committie That ther is resting be his majesties forces upon scots pay to the said Captaine Androw Rollo the soumes following viz Be the Earle of Glencairne his regiment of foot the soume of ane thousand five hundreth and Fourscore four punds thrie shilling scots Item by the Lord Strathnaver his regiment of foot the Soume of Seven hundreth fiftie four punds Eleven shilling four pences scots Extending both the saids soumes togither to the soume of Two Thousand thrie hundreth threttie Eight punds fourtein shilling four penies scots And Finds that the haill articles quherof the Last Soume is made up were all furnished preceiding the first day of February Jaj vjc nyntie one years, And that they are all in the termes of the nynth act thrid session of this Current parliament Intituled act for polemoney and of the proclamatione of Councell relative therto And Therfore Its the Committies oppinion that the said soume of Two Thousand thrie hundreth and thretie Eight punds fourtein shilling four penies is to be payed to the said Captain Androw Rollo out of the present polemoney And that he is to be Recomended to the Lords Commissioners of his majesties thesaurie for payment of the same accordingly, And Finds that besides the haill articles forsaids ther is resting be Captaine Hew Kennedy in the said Lord Strathnavers regiment to the said Captaine Androw Rollo the soume of thriescore sixtein punds fiftein shilling four penies scots And In Respect it does not appear that this was applyed to the use of the Company or regiment to which he belongs Therfore Its the Committies oppinion that the same is not to be payed out of the polemoney amongst the debts resting be the forces to the Countrey But that it be Recomended to the Lords of the thesaury to stopt the arreirs if any shall be found due to the said Captain Kennedy out of the polemoney after the debts resting be the army to the Countrey Is satisfied and payed furth therof untill the said Captain Rollo be payed of the said soume as the said Report bears They The saids Lords of his Majesties privy Councill Doe heirby Approve of the said report and haveing Considered the military testament of the said Captaine Rollo written and subscryved with his oun hand They Find that the soumes in the saids accompts and report forsaid following upon doe pertaine and belong to Elizabeth Rollo second daughter to Hary Rollo of Woodsyde (brother to the said Captaine Rollo now deceast) procreat betwixt him and Margret Young his spouse And Therfore the saids Lords Doe heirby appoint the articles mentioned in the said report as not yet instructed to be instructed be the said Elizabeth Rollo and her said father as administrator of the Law to her said father as administrator of the Law to her at any time betwixt and the first day of november nixt to come and allowes the Clerks of privy Councill to receive in the saids instructiones at any time betwixt and the said first day of november nixt to come And Recommends to the Lords Commissioners of his majesties thesaury To Cause payment be made to the said Henry Rollo of Woodside as administrator of the Law to his said daughter of the soume of Two Thousand thrie hundred and threttie eight punds fourtein shilling four penies scots money mentioned in the said report as resting be his majesties forces upon scots pay and that out of the present polemoney and amongst the debts resting by his majesties forces to the Countrey And Recomends to the saids Lords to stopt any arreirs which shall be found due to Captaine Kennedy out of the polemoney after the debts resting to the Countrey are payed Conforme to and in the termes of the said report.

1. NRS, PC2/25, 232r-233r.

1. NRS, PC2/25, 232r-233r.

Act, 10 April 1695, Edinburgh

Edinburgh Wedensday 10th Aprill 1695

D1695/4/111

Act

Act The Kirk Session of Dunning

Anent the petition given in to the Lords of his majesties privy Councill be the kirk session of the parish of Dinning Shewing That tho the petitioners be very unwilling to give any Occasione to any of their heritors to mistake their preceiding yet being informed that Androw Lord Rollo who was appointed factor by the saids Lords for Imploying two years of ther vaccant stipend for repairing the kirk and manse of the paroch and for building and repaireing severall bridges and repairing the schooll within the same, and Gave bond and Caution for that effect, Craves ane exonoratione and to have up his bond, The petitioners Cannot bot in duty represent to their Lordships that the2 work undertaken is not at all performed for except the silateing and Glassing of the Manss and mending the manss barne and stable The kirk mending the manss barne and stable The kirk rooff is still ruinouse being turn in five or six places, so as the people cannot without hazard sitt under it nor is the schooll house repaired But the Childrein this last Cold winter were keept in a Corner of the kirk to ther great prejudice and for bridges ther is nothing done nor is the repairing of the manse Compleited, So that the forsaid bond not being at all fullfilled ought not to be given up nor the granter therof exonored And Therfore humbly supplicating the saids Lords of his majesties privy Councill having Considered this petition given in to them be the above kirk session of Dinning with another petition be the Lord Rollo They heirby Grant Commission to […] Lord Ruthven and Adam Drumond of Meginch To Consider the act of Councill quherupon the Lord Rollos bond is given and visit the kirk and manss and other pious works appointed by the petitione and to report to the Councill Whither the termes of the said act be fullfilled or not betwixt and the Fourth day of June nixt.

Edinburgh Wedensday 10th Aprill 1695

D1695/4/111

Act

Act The Kirk Session of Dunning

Anent the petition given in to the Lords of his majesties privy Councill be the kirk session of the parish of Dinning Shewing That tho the petitioners be very unwilling to give any Occasione to any of their heritors to mistake their preceiding yet being informed that Androw Lord Rollo who was appointed factor by the saids Lords for Imploying two years of ther vaccant stipend for repairing the kirk and manse of the paroch and for building and repaireing severall bridges and repairing the schooll within the same, and Gave bond and Caution for that effect, Craves ane exonoratione and to have up his bond, The petitioners Cannot bot in duty represent to their Lordships that the2 work undertaken is not at all performed for except the silateing and Glassing of the Manss and mending the manss barne and stable The kirk mending the manss barne and stable The kirk rooff is still ruinouse being turn in five or six places, so as the people cannot without hazard sitt under it nor is the schooll house repaired But the Childrein this last Cold winter were keept in a Corner of the kirk to ther great prejudice and for bridges ther is nothing done nor is the repairing of the manse Compleited, So that the forsaid bond not being at all fullfilled ought not to be given up nor the granter therof exonored And Therfore humbly supplicating the saids Lords of his majesties privy Councill having Considered this petition given in to them be the above kirk session of Dinning with another petition be the Lord Rollo They heirby Grant Commission to […] Lord Ruthven and Adam Drumond of Meginch To Consider the act of Councill quherupon the Lord Rollos bond is given and visit the kirk and manss and other pious works appointed by the petitione and to report to the Councill Whither the termes of the said act be fullfilled or not betwixt and the Fourth day of June nixt.

1. NRS, PC2/25, 231v.

2. The letter ‘m’ scored out here.

1. NRS, PC2/25, 231v.

2. The letter ‘m’ scored out here.

Act, 10 April 1695, Edinburgh

Edinburgh Wedensday 10th Aprill 1695

D1695/4/101

Act

Act Auchinbreck

The Lords of his Majesties privy Councill having Considered a report made to them be a Committie of their oun number anent some victuall comeing from Ireland, Which was seized upon by Sir Duncan Campbell of Auchinbreck They Find by the document produced be way of instrument and the depositiones therin taken of the persones belonging to both vessells Called the James and Issobell of Greenock that they were both bringing victuall from Ireland Contrair to the act of parliament and proclamations As also that the same is Confirmed by a Cocquet found aboard on the vessells from Craigfergus dated the twentie fyfth of February last by past And Therfore They ordaine the victuall to be staved and destroyed Conforme to the act of parliament and appoints the vessells themselves and other things Escheatable by the said act shall be Lost to the said Sir Duncan Campbell who made the said seizure Conforme to the said act And appoints David Crafurd of Drumsuy who has Commision from the Councill for stoping the Importatione of Irish victuall to be questioned how thir vessells came to tresspass Contrare to their passports And ordaines him to Cause produce the skipers bonds into the hands of any of the Clerks of privy Councill, And ordaines letters of horning one fiftein dayes to be direct against him for that effect and others needfull in forme as effeirs.

Edinburgh Wedensday 10th Aprill 1695

D1695/4/101

Act

Act Auchinbreck

The Lords of his Majesties privy Councill having Considered a report made to them be a Committie of their oun number anent some victuall comeing from Ireland, Which was seized upon by Sir Duncan Campbell of Auchinbreck They Find by the document produced be way of instrument and the depositiones therin taken of the persones belonging to both vessells Called the James and Issobell of Greenock that they were both bringing victuall from Ireland Contrair to the act of parliament and proclamations As also that the same is Confirmed by a Cocquet found aboard on the vessells from Craigfergus dated the twentie fyfth of February last by past And Therfore They ordaine the victuall to be staved and destroyed Conforme to the act of parliament and appoints the vessells themselves and other things Escheatable by the said act shall be Lost to the said Sir Duncan Campbell who made the said seizure Conforme to the said act And appoints David Crafurd of Drumsuy who has Commision from the Councill for stoping the Importatione of Irish victuall to be questioned how thir vessells came to tresspass Contrare to their passports And ordaines him to Cause produce the skipers bonds into the hands of any of the Clerks of privy Councill, And ordaines letters of horning one fiftein dayes to be direct against him for that effect and others needfull in forme as effeirs.

1. NRS, PC2/25, 231r.

1. NRS, PC2/25, 231r.

Act, 10 April 1695, Edinburgh

Edinburgh Wedensday 10th Aprill 1695

D1695/4/91

Act

Act Lord Neill Campbells relict

Anent the petition given in to the Lords of his majesties privy Councill be Dame Susana Meinzies relict of the deceast Lord Neill Campbell shewing That quher the petitioner having for her self and her tenants obtained severall Decreets before the late Commissioners appointed for secureing the peace of the highlands against some persones Liveing in the remote places of Argyle and the Issles for Certaine depredationes Comitted by them upon the petitioner and her tennents in the year Jaj vjc Eightie fyve Which Decreets are now renewed by the present Commissioners and ther authoritie interpone therto, Which the petitioners have extracted against the saids persones, and seing the petitioner Cannot get payment Notwithstanding of all the dilligences the petitioner has done and the great expenses the petitioner has been at theranent without the particullar Concurrance of the government, And that it has been usuall in such Cases for ther Lordships To Ordaine parties of the forces who are in the nixt adjacent Garisones to assist in putting such decreets in executione and that no Case has occured doeth merit their Lordships Consideratione more then the petitioners in order to his being repaired of the Losses the petitioner and his tennents did then Sustaine And Therfore Humbly suplicating the saids Lords to the effect aftermentioned The Lords of his majesties privy Councill Having Considered this petitione given in to them be the above Dame Sussana Meinzies relict of the Lord Neill Campbell They heirby Recomend to Sir Thomas Livingstoune Comander in Cheif of his Majesties forces within this kingdome To give Order to Competent parties of the forces in the Garison of Fort William or any other adjacent Garisones to Concurr with and assist the petitioner in puting the decreets in executione according to Law.

Edinburgh Wedensday 10th Aprill 1695

D1695/4/91

Act

Act Lord Neill Campbells relict

Anent the petition given in to the Lords of his majesties privy Councill be Dame Susana Meinzies relict of the deceast Lord Neill Campbell shewing That quher the petitioner having for her self and her tenants obtained severall Decreets before the late Commissioners appointed for secureing the peace of the highlands against some persones Liveing in the remote places of Argyle and the Issles for Certaine depredationes Comitted by them upon the petitioner and her tennents in the year Jaj vjc Eightie fyve Which Decreets are now renewed by the present Commissioners and ther authoritie interpone therto, Which the petitioners have extracted against the saids persones, and seing the petitioner Cannot get payment Notwithstanding of all the dilligences the petitioner has done and the great expenses the petitioner has been at theranent without the particullar Concurrance of the government, And that it has been usuall in such Cases for ther Lordships To Ordaine parties of the forces who are in the nixt adjacent Garisones to assist in putting such decreets in executione and that no Case has occured doeth merit their Lordships Consideratione more then the petitioners in order to his being repaired of the Losses the petitioner and his tennents did then Sustaine And Therfore Humbly suplicating the saids Lords to the effect aftermentioned The Lords of his majesties privy Councill Having Considered this petitione given in to them be the above Dame Sussana Meinzies relict of the Lord Neill Campbell They heirby Recomend to Sir Thomas Livingstoune Comander in Cheif of his Majesties forces within this kingdome To give Order to Competent parties of the forces in the Garison of Fort William or any other adjacent Garisones to Concurr with and assist the petitioner in puting the decreets in executione according to Law.

1. NRS, PC2/25, 230v-231r.

1. NRS, PC2/25, 230v-231r.

Sederunt, 10 April 1695, Edinburgh

Edinburgh Wedensday 10th Aprill 16951

D1695/4/82

Sederunt

Earl of Anandale pres; Earl of Southerland; Earl of Mortone; Earl of Lothian; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Strathnaver; Lord Beilhaven; Lord Polwarth; Lord Advocat; Sir Thomas Livingstone

Edinburgh Wedensday 10th Aprill 16951

D1695/4/82

Sederunt

Earl of Anandale pres; Earl of Southerland; Earl of Mortone; Earl of Lothian; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Strathnaver; Lord Beilhaven; Lord Polwarth; Lord Advocat; Sir Thomas Livingstone

1. NRS, PC2/25, 230v.

2. NRS, PC2/25, 230v.

1. NRS, PC2/25, 230v.

2. NRS, PC2/25, 230v.

Order, 10 April 1695, Edinburgh

At Edinburgh weddensday the 10th Apryll 1695

A1695/4/141

Order

Recomendatione Souldiers of the Bass to the Lords of Thesaurie

Anent the petitione given in to the Lords of his Majesties privie Councill by the Souldiers who serve presentlie in the bass Shewing that they being commanded to continow in the Bass whill his majesties pleasure were further knowen about it and it being extream dear liveing there and the petitioners haveing only allowed them four pence a day to live on which is not possible for them to subsist on which his excellence Sir Thomas Livingstoune Commander in Cheiff and one of the said Lords their number knowes verie well And therfore humblie Craveing the said Lords To recomend the said petitioners to the Lords of Thesaurie to allow them at least sex pence a day in the mean tyme untill his majesties pleasure be furder knowen as the said petitione bears
The Lords of his majesties privy Councill haveing considered the foresaid petitione given in to them by the said Souldiers presently in the Bass with Sir Thomas Livingstounes testificat therupon bearing the desyre thereof to be very necessarie They Hereby Recomend to the Lords Comissioners of his majesties Thesaurie To Cause payment be made to the said Souldiers presently in the Bass of sex shillings scots per diem for subsistance money being two shilling more then the subsistance ordinarlie allowed to other Souldiers.

At Edinburgh weddensday the 10th Apryll 1695

A1695/4/141

Order

Recomendatione Souldiers of the Bass to the Lords of Thesaurie

Anent the petitione given in to the Lords of his Majesties privie Councill by the Souldiers who serve presentlie in the bass Shewing that they being commanded to continow in the Bass whill his majesties pleasure were further knowen about it and it being extream dear liveing there and the petitioners haveing only allowed them four pence a day to live on which is not possible for them to subsist on which his excellence Sir Thomas Livingstoune Commander in Cheiff and one of the said Lords their number knowes verie well And therfore humblie Craveing the said Lords To recomend the said petitioners to the Lords of Thesaurie to allow them at least sex pence a day in the mean tyme untill his majesties pleasure be furder knowen as the said petitione bears
The Lords of his majesties privy Councill haveing considered the foresaid petitione given in to them by the said Souldiers presently in the Bass with Sir Thomas Livingstounes testificat therupon bearing the desyre thereof to be very necessarie They Hereby Recomend to the Lords Comissioners of his majesties Thesaurie To Cause payment be made to the said Souldiers presently in the Bass of sex shillings scots per diem for subsistance money being two shilling more then the subsistance ordinarlie allowed to other Souldiers.

1. NRS, PC1/50, 169-70.

1. NRS, PC1/50, 169-70.

Act, 10 April 1695, Edinburgh

At Edinburgh weddensday the 10th Apryll 1695

A1695/4/131

Act

Act Byres of Coats

Anent the petitione given in to the Lords of his majesties privy Councill by John Byres of Coats Shewing That the said petitioner being apprehended in England in the moneth of July last bypast and shortly therafter sent doune prisoner by sea to Scotland upon suspisione of haveing been in France, etc He hath ever since been keept prisoner in the tolbooth of Edinburgh to the very great prejudice of his private fortune and of his owne health and the petitioner is justly apprehensive That the inconveniencies which he is inevitablie lyable to from his said confynement may in all probability in a very short tyme indanger his lyfe for the want of the benefite of the free aire etc and seing the said petitioner was alwayes willing and readie to have clear’d himself as to anything that could have been laid to his charge in case he had been indicted and put to a legall tryalle before this tyme and that his imprisonment if continowed for any longer tyme may in all probabilitie occasione his death And therfore humblie Craveing the said Lords to take the premisses to their serious consideratione and to ordaine the said petitioner to be set at libertie upon his finding Cautione to appear before the said Lords when called or otherwayes to reenter to prisone at any particular day their Lordships shall think fitt to appoynt as the said petitione bears.
The Lords of his majesties privy Councill haveing considered the foresaid petitione given in to them by the said John Byres of Coats They hereby refuise to set the said petitioner at liberty But leaves to his electione whether he should be removed to the Castle of Stirline or the Castle of Blackness and Recomends to Sir Thomas Livingstoune Commander in Cheiff of his majesties forces within this Kingdome to cause convoy the said petitioner to either of the said Castles as he shall make electione under a sufficient guard And ordaines the magistrats of Edinburgh to delyver the petitioner to the Guard and the Commanding officer of either of the said Castles to receive and detaine the petitioner therein till farder ordor and in case the petitioner shall not make his electione appoynts him to continow where he is.

At Edinburgh weddensday the 10th Apryll 1695

A1695/4/131

Act

Act Byres of Coats

Anent the petitione given in to the Lords of his majesties privy Councill by John Byres of Coats Shewing That the said petitioner being apprehended in England in the moneth of July last bypast and shortly therafter sent doune prisoner by sea to Scotland upon suspisione of haveing been in France, etc He hath ever since been keept prisoner in the tolbooth of Edinburgh to the very great prejudice of his private fortune and of his owne health and the petitioner is justly apprehensive That the inconveniencies which he is inevitablie lyable to from his said confynement may in all probability in a very short tyme indanger his lyfe for the want of the benefite of the free aire etc and seing the said petitioner was alwayes willing and readie to have clear’d himself as to anything that could have been laid to his charge in case he had been indicted and put to a legall tryalle before this tyme and that his imprisonment if continowed for any longer tyme may in all probabilitie occasione his death And therfore humblie Craveing the said Lords to take the premisses to their serious consideratione and to ordaine the said petitioner to be set at libertie upon his finding Cautione to appear before the said Lords when called or otherwayes to reenter to prisone at any particular day their Lordships shall think fitt to appoynt as the said petitione bears.
The Lords of his majesties privy Councill haveing considered the foresaid petitione given in to them by the said John Byres of Coats They hereby refuise to set the said petitioner at liberty But leaves to his electione whether he should be removed to the Castle of Stirline or the Castle of Blackness and Recomends to Sir Thomas Livingstoune Commander in Cheiff of his majesties forces within this Kingdome to cause convoy the said petitioner to either of the said Castles as he shall make electione under a sufficient guard And ordaines the magistrats of Edinburgh to delyver the petitioner to the Guard and the Commanding officer of either of the said Castles to receive and detaine the petitioner therein till farder ordor and in case the petitioner shall not make his electione appoynts him to continow where he is.

1. NRS, PC1/50, 169.

1. NRS, PC1/50, 169.

Sederunt, 10 April 1695, Edinburgh

At Edinburgh weddensday the 10th Apryll 16951

A1695/4/122

Sederunt

Earl of Annandale p; Earl of Southerland; Earl of Mortoune; Earl of Lothiane; Earl of Forfar; Earl of Breadalbane; Viscount Tarbatt; Lord Strathnaver; Lord Belheaven; Lord Polwarth; Lord Advocat; Sir Thomas Livingstoune

At Edinburgh weddensday the 10th Apryll 16951

A1695/4/122

Sederunt

Earl of Annandale p; Earl of Southerland; Earl of Mortoune; Earl of Lothiane; Earl of Forfar; Earl of Breadalbane; Viscount Tarbatt; Lord Strathnaver; Lord Belheaven; Lord Polwarth; Lord Advocat; Sir Thomas Livingstoune

1. NRS, PC1/50, 168.

2. NRS, PC1/50, 168.

1. NRS, PC1/50, 168.

2. NRS, PC1/50, 168.