Tag Archives: 10 December 1695

Act, 10 December 1695, Edinburgh

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Att Edinburgh the Tenth day of December Jaj vic nyntie five yeirs

D1695/12/231

Act

Act William Cannan

Anent the petitione given in to the Lords of his majesties privie Counsell be William Cannan late merchand in Whitehorne Shewing That the petitioner by the blessings of God upon his paines and wndustriousness haveing acquyred a considerable Stock wherin he bought a Small vessell and Loaded her with green Linen cloath Sklaites and Such other comodities As the Isle of man could affoord Intending by voyadge for Whitehaven in England But by contrairie wynds And great Stress of weather the said vessell was upon the third of September last Driven upon and Sand bank neer Ramsayes road the water of Dee wher She was broke in peices and the whole Cargo Loft as the petitioner did instantly verifie by wndoubted testificats prodwced with the said petitione By which sad providence the petitioner haveing Left the Stock he had in the world he his wyfe and numerows familie of childrein thowgh once in a good conditione is now necessitat for his and ther Subsistance humbly to Supplicat the saids Lords of privie Counsell in order to ther present releife And Seing it is well knowen to many as is now instructed that the petitioner was born in the parochin of Whitehorne and all his predicessors past memorie of man and wife to merchandize in the Shyre of Air and Renfrew and in Severall places of Galloway And tho the petitioner hes not bein brought into Straite either throw his negligence or misimprovement of what he possessed but allenerly throw his forsaid sad Loss wherby he and his poor familie are redacted to great extremitie And if the petitioner were allowed to collect but a Sucall thing in order to sett up againe he intends to be no furder troublesome As the said petitione bears Which petitione being this day red in presence of the saids Lords of privie Counsell And they haveing at lenth considered the same They heirby allow a voluntar contributione to be collected at the severall paroch churches within the Shyres of Air and Galloway for the Supply and releiff of the said William Cannan and his poor familie And that upon such Lords dayes as the petitioner Shall make intimatione of to the ministers within the saids two Shyres And appoints the ministers to make intimatione for the said collectione to ther parochiners upon the Lords Day imediatly preceeding that Lords Day upon which the saids collectiones shall be made

Att Edinburgh the Tenth day of December Jaj vic nyntie five yeirs

D1695/12/231

Act

Act William Cannan

Anent the petitione given in to the Lords of his majesties privie Counsell be William Cannan late merchand in Whitehorne Shewing That the petitioner by the blessings of God upon his paines and wndustriousness haveing acquyred a considerable Stock wherin he bought a Small vessell and Loaded her with green Linen cloath Sklaites and Such other comodities As the Isle of man could affoord Intending by voyadge for Whitehaven in England But by contrairie wynds And great Stress of weather the said vessell was upon the third of September last Driven upon and Sand bank neer Ramsayes road the water of Dee wher She was broke in peices and the whole Cargo Loft as the petitioner did instantly verifie by wndoubted testificats prodwced with the said petitione By which sad providence the petitioner haveing Left the Stock he had in the world he his wyfe and numerows familie of childrein thowgh once in a good conditione is now necessitat for his and ther Subsistance humbly to Supplicat the saids Lords of privie Counsell in order to ther present releife And Seing it is well knowen to many as is now instructed that the petitioner was born in the parochin of Whitehorne and all his predicessors past memorie of man and wife to merchandize in the Shyre of Air and Renfrew and in Severall places of Galloway And tho the petitioner hes not bein brought into Straite either throw his negligence or misimprovement of what he possessed but allenerly throw his forsaid sad Loss wherby he and his poor familie are redacted to great extremitie And if the petitioner were allowed to collect but a Sucall thing in order to sett up againe he intends to be no furder troublesome As the said petitione bears Which petitione being this day red in presence of the saids Lords of privie Counsell And they haveing at lenth considered the same They heirby allow a voluntar contributione to be collected at the severall paroch churches within the Shyres of Air and Galloway for the Supply and releiff of the said William Cannan and his poor familie And that upon such Lords dayes as the petitioner Shall make intimatione of to the ministers within the saids two Shyres And appoints the ministers to make intimatione for the said collectione to ther parochiners upon the Lords Day imediatly preceeding that Lords Day upon which the saids collectiones shall be made

1. NRS, PC2/26, 57v-58r.

1. NRS, PC2/26, 57v-58r.

Act, 10 December 1695, Edinburgh

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Att Edinburgh the Tenth day of December Jaj vic nyntie five yeirs

D1695/12/221

Act

Liberatione James Mcphersone

Anent the petitione given in to the Lords of his majesties privie Councell be James Mcphersone of Inverinhaven Shewing That the petitioner being conveened befor the Comissioners of Justiciary at Invernes for his alleadged being gwilty actor airt or pairt of the robbing Spwllieing wrongousely intrometting with and away takeing certaine oxen cowes calfs horse Sheep and other goods pertaining to John Grant of Conmegas in May Jwne or Jullie Jaj vic eightie nyn when Dwndie was in the hills And that aither by himself Servants complices or others in his name of his causeing sending hunding out comand recept or ratihabitatione As the said lybell precept given in at the said John Grants instance with concourse of the procurator Fiscall expressly bears In the tryall of which crymes the said Comissioners of Justiciary at Invernes proceed against the petitioner in a very Singular maner In Swa far as the perseuar hath not given the petitioner a clear and distinct lybell with a list of the assaizers and wittnesses to be adduced against him But a mixed lybell both criminall and civill of purpose that the petitioner may nether know nor be able to object against the wittnesses to be adduced against him And the Laird of Grant being Shirreff of Invernes and he and the Cousines of his name (who are the kindred of John Grant of Comegas the persewar) And ther freinds and allaes make up the whole atleast the greatest number of the Comissioners who meet at Invernes from whom the petitioner did with all Submission profess that he could not expect impartiall Justice And they have alreadie comitted Iniqwitie in swa far as they have Sustained against the petitioner a lybell which is nether civill nor criminall but both And that without the formalities requyred by Law So that the petitioner could not know how to prepare to defend against it And yet he gave Due obedience to thir citatione And did appear and proponed severall relevant objectiones and defenses which the saids Comissioners Did repell And did Sumarly committ the petitioner closs prisoner to the tollbwith of Invernes and Denyed him the wse of pen and ink And the access of freinds so that the petitioner expected nothing but a Sudden executione And Seing the petitioner is content to find Sufficient2 cautione to appear befor the Lords of privie Councell or The Lords of Justiciary or any other Judicatorie to abyde a legall tryeall for what can be Laid to his charge by the said John Grant of Conmegas or any others And that any thing alleadged against him is Baleable by Law And thowgh the petitioner were gwiltie of the crymes lybelled as he is not yet he cannot be so much as persued for the Same they being alleadged to be comitted befor his Majesties Graciows Indemnitie which the petitioner could plead the benefite of if he were gwiltie haveing Swore alleadgeance and obedience to his Majestie as a legall Subject And therfor Craveing that the saids Lords would sist all furder procedour Against him by the Saids Comissioners of Justiciarie for the Highlands And ordaine the petitioner to be sett at Libertie upon his finding Sufficient cautione to abyde a legall tryall befor the saids Lords or The Lords Justice Generall Justice clerk and comissionars of Justiciarie at Edinburgh or the Lords of Counsell and Sessione for what can be Laid to his charge wnder what penaltie the saids Lords of privie Counsell Should think fitt As the said petitione bears Which petition being red in presence of the saids Lords and they haveing atlenth considered the same They heirby give order and warrand to the magestrats of Invernes and keeper of ther tollbwith to Sett the petitioner at Libertie furth therof In respect he hes found Sufficient cautione bownd in the books of privie Counsell that he Shall be transported from the said tollbwith of Invernes to the tollbwith of Edinburgh therin to remain till furder order And that betuixt and the first day of Janwary next to come wnder the penaltie of Ane Thousand pund Scotts And ordains the magestrats of Edinburgh and keeper of ther tollbwith to receave the said Mcphersone prisoner in ther tollbwith when offered And to detaine him prisoner therin till furder order

Att Edinburgh the Tenth day of December Jaj vic nyntie five yeirs

D1695/12/221

Act

Liberatione James Mcphersone

Anent the petitione given in to the Lords of his majesties privie Councell be James Mcphersone of Inverinhaven Shewing That the petitioner being conveened befor the Comissioners of Justiciary at Invernes for his alleadged being gwilty actor airt or pairt of the robbing Spwllieing wrongousely intrometting with and away takeing certaine oxen cowes calfs horse Sheep and other goods pertaining to John Grant of Conmegas in May Jwne or Jullie Jaj vic eightie nyn when Dwndie was in the hills And that aither by himself Servants complices or others in his name of his causeing sending hunding out comand recept or ratihabitatione As the said lybell precept given in at the said John Grants instance with concourse of the procurator Fiscall expressly bears In the tryall of which crymes the said Comissioners of Justiciary at Invernes proceed against the petitioner in a very Singular maner In Swa far as the perseuar hath not given the petitioner a clear and distinct lybell with a list of the assaizers and wittnesses to be adduced against him But a mixed lybell both criminall and civill of purpose that the petitioner may nether know nor be able to object against the wittnesses to be adduced against him And the Laird of Grant being Shirreff of Invernes and he and the Cousines of his name (who are the kindred of John Grant of Comegas the persewar) And ther freinds and allaes make up the whole atleast the greatest number of the Comissioners who meet at Invernes from whom the petitioner did with all Submission profess that he could not expect impartiall Justice And they have alreadie comitted Iniqwitie in swa far as they have Sustained against the petitioner a lybell which is nether civill nor criminall but both And that without the formalities requyred by Law So that the petitioner could not know how to prepare to defend against it And yet he gave Due obedience to thir citatione And did appear and proponed severall relevant objectiones and defenses which the saids Comissioners Did repell And did Sumarly committ the petitioner closs prisoner to the tollbwith of Invernes and Denyed him the wse of pen and ink And the access of freinds so that the petitioner expected nothing but a Sudden executione And Seing the petitioner is content to find Sufficient2 cautione to appear befor the Lords of privie Councell or The Lords of Justiciary or any other Judicatorie to abyde a legall tryeall for what can be Laid to his charge by the said John Grant of Conmegas or any others And that any thing alleadged against him is Baleable by Law And thowgh the petitioner were gwiltie of the crymes lybelled as he is not yet he cannot be so much as persued for the Same they being alleadged to be comitted befor his Majesties Graciows Indemnitie which the petitioner could plead the benefite of if he were gwiltie haveing Swore alleadgeance and obedience to his Majestie as a legall Subject And therfor Craveing that the saids Lords would sist all furder procedour Against him by the Saids Comissioners of Justiciarie for the Highlands And ordaine the petitioner to be sett at Libertie upon his finding Sufficient cautione to abyde a legall tryall befor the saids Lords or The Lords Justice Generall Justice clerk and comissionars of Justiciarie at Edinburgh or the Lords of Counsell and Sessione for what can be Laid to his charge wnder what penaltie the saids Lords of privie Counsell Should think fitt As the said petitione bears Which petition being red in presence of the saids Lords and they haveing atlenth considered the same They heirby give order and warrand to the magestrats of Invernes and keeper of ther tollbwith to Sett the petitioner at Libertie furth therof In respect he hes found Sufficient cautione bownd in the books of privie Counsell that he Shall be transported from the said tollbwith of Invernes to the tollbwith of Edinburgh therin to remain till furder order And that betuixt and the first day of Janwary next to come wnder the penaltie of Ane Thousand pund Scotts And ordains the magestrats of Edinburgh and keeper of ther tollbwith to receave the said Mcphersone prisoner in ther tollbwith when offered And to detaine him prisoner therin till furder order

1. NRS, PC2/26, 56v-57v.

2. Written over an earlier, illegible word.

1. NRS, PC2/26, 56v-57v.

2. Written over an earlier, illegible word.

Decreet, 10 December 1695, Edinburgh

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Att Edinburgh the Tenth day of December Jaj vic nyntie five yeirs

D1695/12/211

Decreet

Interloquitor Collonell John Hill

A petitione given in be Collonell John Hill Governour of Fortwilliam at Inner Lockie for himself and the remanent officers and souldiers of his regiment Craveing the Councill would take effectuall course for that regiments pay Conforme to his majesties Letter directed to the Lords of Thesaurie in February Last ordaining this regiment to be distingwished from other regiments in ther payments And the Councell haveing considered the said petitione They heirby recommend to The Lords Comissioners of his majesties thesaurie to take course for that regiments effectuall payment of what is resting to them in tyme comeing in the termes of his majesties Letter mentioned in the said petitione

Att Edinburgh the Tenth day of December Jaj vic nyntie five yeirs

D1695/12/211

Decreet

Interloquitor Collonell John Hill

A petitione given in be Collonell John Hill Governour of Fortwilliam at Inner Lockie for himself and the remanent officers and souldiers of his regiment Craveing the Councill would take effectuall course for that regiments pay Conforme to his majesties Letter directed to the Lords of Thesaurie in February Last ordaining this regiment to be distingwished from other regiments in ther payments And the Councell haveing considered the said petitione They heirby recommend to The Lords Comissioners of his majesties thesaurie to take course for that regiments effectuall payment of what is resting to them in tyme comeing in the termes of his majesties Letter mentioned in the said petitione

1. NRS, PC2/26, 56r.

1. NRS, PC2/26, 56r.

Warrant, 10 December 1695, Edinburgh

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Att Edinburgh the Tenth day of December Jaj vic nyntie five yeirs

D1695/12/201

Warrant

Warrand for citeing of Importers of victuall

The Lords of his majesties privie Counsell Doe heirby order and warrand ther clerks to give out Letters for citeing of the persones efternamed Viz Gavin Maxwell sone to Thomas Maxwell of Mylnehouse in the Southend of Kintyre a constant importer Donald Campbell brother to Danna Donald Campbell brother in Law to Killberrie Hewgh Mclean in Collgallitry John Macenin in Glasstrie Finlay Mcfinley neer to Killen in Kintyre Collin oig Maxweill in Giga John Montgomerie in Campletowne Archbald Lamond of Achagoull in Comill To ansuer for importing of Irish or other Forraigne victuall as in the lybell formerly given out against the lyke importers And also for citeing of William Hunter in Burock a baillie who refwsed to seize Irish victuall to ansuer for the same And appoints the solicitor to dispatch the saids Letters

Att Edinburgh the Tenth day of December Jaj vic nyntie five yeirs

D1695/12/201

Warrant

Warrand for citeing of Importers of victuall

The Lords of his majesties privie Counsell Doe heirby order and warrand ther clerks to give out Letters for citeing of the persones efternamed Viz Gavin Maxwell sone to Thomas Maxwell of Mylnehouse in the Southend of Kintyre a constant importer Donald Campbell brother to Danna Donald Campbell brother in Law to Killberrie Hewgh Mclean in Collgallitry John Macenin in Glasstrie Finlay Mcfinley neer to Killen in Kintyre Collin oig Maxweill in Giga John Montgomerie in Campletowne Archbald Lamond of Achagoull in Comill To ansuer for importing of Irish or other Forraigne victuall as in the lybell formerly given out against the lyke importers And also for citeing of William Hunter in Burock a baillie who refwsed to seize Irish victuall to ansuer for the same And appoints the solicitor to dispatch the saids Letters

1. NRS, PC2/26, 56r.

1. NRS, PC2/26, 56r.

Sederunt, 10 December 1695, Edinburgh

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Att Edinburgh the Tenth day of December Jaj vic nyntie five yeirs1

D1695/12/192

Sederunt

Lord Chancellour; Duke of Qweensberrie; Earl of Southerland; Earl of Forfar; Lord Yester; Viscount Tarbat; Lord Carmichael; Lord Polwarth; Lord Advocat; Lord Justiceclerk; Lord Fountainhall; Lord Anstruther; Laird of Blackbarronie; Laird of Stevensone; Sir George Campbell; Sir Robert Cheisly provest

Att Edinburgh the Tenth day of December Jaj vic nyntie five yeirs1

D1695/12/192

Sederunt

Lord Chancellour; Duke of Qweensberrie; Earl of Southerland; Earl of Forfar; Lord Yester; Viscount Tarbat; Lord Carmichael; Lord Polwarth; Lord Advocat; Lord Justiceclerk; Lord Fountainhall; Lord Anstruther; Laird of Blackbarronie; Laird of Stevensone; Sir George Campbell; Sir Robert Cheisly provest

1. NRS, PC2/26, 56r.

2. NRS, PC2/26, 56r.

1. NRS, PC2/26, 56r.

2. NRS, PC2/26, 56r.

Letter: royal, 10 December 1695, Edinburgh

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At Edinburgh tuesday the tenth day of December Jaj vjc nynty and fyve years

A1695/12/121

Letter: royal

Kings Letter anent Recruits of foot and Dragoons and the Levie of ane thousand men

The following Letter being read was ordered to be recorded and allowes ane exact coppie to be given to Collonell Buchane who oversees the recruits follows the tenor of the Letter sic suprascribitur William Rex Right trusty and right welbeloved Cousin and Councillor Right trusty and intirely beloved Cousin and Councillor Right trusty and right well beloved Cousins and Councillors Right trusty and welbeloved Cousins and Councillors Right trusty and welbeloved Councilllor and trusty and welbeloved Councillors we greet you well Whereas we are informed That our Scotish Regiments of foot in Flanders stand in need of near two Thousand Recruits and it being both for the good of our service and the Honour of that our Kingdome That our said Regiments be tymeously and fully recruited and we Haveing in ordor to the same sent a Considerable number of officers from Flanders We doe therfore requyre you in the first place To give orders to the Commander in Cheiff of our Forces for the tyme to cause make a draught out of our fyve Regiments of foot in that our Kingdome of 1332 good and sufficient men, That is 292 out of Collonell Hills Regiment and 260 out of each of the other 4 Regiments which draught of 1332 men is to be made in the presence of the Lord George Hamilton Brigadeer in our Army and Collonell of our Royall Regiment or of Coll John Buchan quhom we Have intrusted with that affaire; and that noe tyme be Lost The said draught is to be made with such dispatch as that the men may be ready to be imbarqued against the first of January next preceisly The said number of 1332 being first divyded and delyvered by the directions of the said Lord George or Coll Buchan to our officers from Flanders in the maner following That is 1000 of them to the officers of these sex Regiments that served at Namure To witt To the officers of one Battallion of the Guards, of one of the Royall Regiments, of Collonell Maitlands Regiment, Coll Lauders, Coll Mackays and Colonell Buchans by equall Portiones and the remaining three Hundred and thretty two men are in the same manner to be divyded and delyvered to the officers of the Regiments Latly belonging to D’Offerrell and Sir Charles Grahame now Commanded by Collonell Robert Mackay and Collonell Walter Collier of quhich thretteen Hundred and thretty two men our officers from Flanders shall pay to our officers in Scotland at the receiveing of them tuenty shilling sterline for each man of one thousand of them and thretty shillings for each man of the remaining 332. And for makeing up of the necessary Complement of recruits It is our further pleasure That ye allow our officers from Flanders to beat drums for raiseing what more men they want and that in this you give them all due encouragement and assistance and as to the Regiments at Home It is our pleasure That ye give the necessary ordors for makeing the Levey of 1000 men granted to us by the Late act of parliament; Which men are to be delyvered by the Countrey to the officers at Home a moneth after they shall have delyvered the other thousand to the officers from Flanders The pay of quhich moneth we allow to these officers at Home for reimburseing them of threttein shillings and fourpence which they must give the Countrey with the tuenty shillings they get from the Flanders officers to make up the tuenty pound scots allowed by act of parliament for each man And the said thousand men are to be divyded and delyvered by equall portions to the officers of our said fyve Regiments that is two hundred to each Regiment And so soone as our officers from Flanders have got their full number of Recruits, and noe sooner you are to allow the officers of our Regiments at home to beat drums for the raiseing the three Hundred and thretty two men or what more they shall want For the doeing of which we give two moneths from the tyme that the Last recruits for Flanders shall be imbarqued And we doe Lykewayes requyre you to give ordors to the Commander in Cheiff for makeing a draught of one Hundred men that is fifty out of each of the Two Regiments of Dragoons with you for recruiting our two scots regiments of Dragoons in Flanders which Hundred men are to be delyvered to the officers from Flanders of the said Regiments against the first day of Januarie next And so recommending this whole affair to your particular Care we bid you heartily farewell Given at our Court at Kensingtoune the third day of December Jaj vjc nynty and fyve years and of our Reigne the seventh year By his Majesties Comand sic subscribitur J Johnstoune.

At Edinburgh tuesday the tenth day of December Jaj vjc nynty and fyve years

A1695/12/121

Letter: royal

Kings Letter anent Recruits of foot and Dragoons and the Levie of ane thousand men

The following Letter being read was ordered to be recorded and allowes ane exact coppie to be given to Collonell Buchane who oversees the recruits follows the tenor of the Letter sic suprascribitur William Rex Right trusty and right welbeloved Cousin and Councillor Right trusty and intirely beloved Cousin and Councillor Right trusty and right well beloved Cousins and Councillors Right trusty and welbeloved Cousins and Councillors Right trusty and welbeloved Councilllor and trusty and welbeloved Councillors we greet you well Whereas we are informed That our Scotish Regiments of foot in Flanders stand in need of near two Thousand Recruits and it being both for the good of our service and the Honour of that our Kingdome That our said Regiments be tymeously and fully recruited and we Haveing in ordor to the same sent a Considerable number of officers from Flanders We doe therfore requyre you in the first place To give orders to the Commander in Cheiff of our Forces for the tyme to cause make a draught out of our fyve Regiments of foot in that our Kingdome of 1332 good and sufficient men, That is 292 out of Collonell Hills Regiment and 260 out of each of the other 4 Regiments which draught of 1332 men is to be made in the presence of the Lord George Hamilton Brigadeer in our Army and Collonell of our Royall Regiment or of Coll John Buchan quhom we Have intrusted with that affaire; and that noe tyme be Lost The said draught is to be made with such dispatch as that the men may be ready to be imbarqued against the first of January next preceisly The said number of 1332 being first divyded and delyvered by the directions of the said Lord George or Coll Buchan to our officers from Flanders in the maner following That is 1000 of them to the officers of these sex Regiments that served at Namure To witt To the officers of one Battallion of the Guards, of one of the Royall Regiments, of Collonell Maitlands Regiment, Coll Lauders, Coll Mackays and Colonell Buchans by equall Portiones and the remaining three Hundred and thretty two men are in the same manner to be divyded and delyvered to the officers of the Regiments Latly belonging to D’Offerrell and Sir Charles Grahame now Commanded by Collonell Robert Mackay and Collonell Walter Collier of quhich thretteen Hundred and thretty two men our officers from Flanders shall pay to our officers in Scotland at the receiveing of them tuenty shilling sterline for each man of one thousand of them and thretty shillings for each man of the remaining 332. And for makeing up of the necessary Complement of recruits It is our further pleasure That ye allow our officers from Flanders to beat drums for raiseing what more men they want and that in this you give them all due encouragement and assistance and as to the Regiments at Home It is our pleasure That ye give the necessary ordors for makeing the Levey of 1000 men granted to us by the Late act of parliament; Which men are to be delyvered by the Countrey to the officers at Home a moneth after they shall have delyvered the other thousand to the officers from Flanders The pay of quhich moneth we allow to these officers at Home for reimburseing them of threttein shillings and fourpence which they must give the Countrey with the tuenty shillings they get from the Flanders officers to make up the tuenty pound scots allowed by act of parliament for each man And the said thousand men are to be divyded and delyvered by equall portions to the officers of our said fyve Regiments that is two hundred to each Regiment And so soone as our officers from Flanders have got their full number of Recruits, and noe sooner you are to allow the officers of our Regiments at home to beat drums for the raiseing the three Hundred and thretty two men or what more they shall want For the doeing of which we give two moneths from the tyme that the Last recruits for Flanders shall be imbarqued And we doe Lykewayes requyre you to give ordors to the Commander in Cheiff for makeing a draught of one Hundred men that is fifty out of each of the Two Regiments of Dragoons with you for recruiting our two scots regiments of Dragoons in Flanders which Hundred men are to be delyvered to the officers from Flanders of the said Regiments against the first day of Januarie next And so recommending this whole affair to your particular Care we bid you heartily farewell Given at our Court at Kensingtoune the third day of December Jaj vjc nynty and fyve years and of our Reigne the seventh year By his Majesties Comand sic subscribitur J Johnstoune.

1. NRS, PC1/50, 288-9.

1. NRS, PC1/50, 288-9.

Warrant, 10 December 1695, Edinburgh

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At Edinburgh tuesday the tenth day of December Jaj vjc nynty and fyve years

A1695/12/111

Warrant

Warrand requyreing Commissioners of Highlands Justiciary to sute executione against Lochabermen and others

The Lords of his Majesties privy Councill haveing heared and Considered a representatione made to them by the Lord Advocat upon severall Letters partly direct to Himself and partly to the Sollicitor and a Letter from Sir John Hill Governour of Fortwilliam dated the third day of November currant direct to his Lordship Read in ther presence The said Lords of his Majesties privy Councill Doe Hereby find it expedient for the peace of the Countrey And therfore Requyre and Command the Commissioners of Justiciary authorized by the Highland Commissione To superceed and sist all proces and executione against the Laird of Locheill and his men Keppoch and his men Alpine and his men Glencoe and his men The Mcclaines in Morverne the McDonalds in Moydart and any within the brae of Lochaber or Lochaber it self and Ardgour or within the Jurisdictions belonging to the Justiciary of the Earle of Argyle for any Cryme alleadged Comitted by any of the said persons or within the bounds foresaid before the act of his majesties indemnitie dated the tuenty seventh day of August Jaj vjc nynty and one years And appoynts the Lords and other members of the foresaid justiciary and the Clerks of the severall districts therof To transmitt to the Clerks of privy Councill ane account of the severall processes intented before the said Commissione for any cryme preceeding the said indemnitie and of the persons ceitted and conveened before the said Commissione of Justiciary as alleadged guilty thereof belonging to or within the bounds foresaid

At Edinburgh tuesday the tenth day of December Jaj vjc nynty and fyve years

A1695/12/111

Warrant

Warrand requyreing Commissioners of Highlands Justiciary to sute executione against Lochabermen and others

The Lords of his Majesties privy Councill haveing heared and Considered a representatione made to them by the Lord Advocat upon severall Letters partly direct to Himself and partly to the Sollicitor and a Letter from Sir John Hill Governour of Fortwilliam dated the third day of November currant direct to his Lordship Read in ther presence The said Lords of his Majesties privy Councill Doe Hereby find it expedient for the peace of the Countrey And therfore Requyre and Command the Commissioners of Justiciary authorized by the Highland Commissione To superceed and sist all proces and executione against the Laird of Locheill and his men Keppoch and his men Alpine and his men Glencoe and his men The Mcclaines in Morverne the McDonalds in Moydart and any within the brae of Lochaber or Lochaber it self and Ardgour or within the Jurisdictions belonging to the Justiciary of the Earle of Argyle for any Cryme alleadged Comitted by any of the said persons or within the bounds foresaid before the act of his majesties indemnitie dated the tuenty seventh day of August Jaj vjc nynty and one years And appoynts the Lords and other members of the foresaid justiciary and the Clerks of the severall districts therof To transmitt to the Clerks of privy Councill ane account of the severall processes intented before the said Commissione for any cryme preceeding the said indemnitie and of the persons ceitted and conveened before the said Commissione of Justiciary as alleadged guilty thereof belonging to or within the bounds foresaid

1. NRS, PC1/50, 287-8.

1. NRS, PC1/50, 287-8.

Order, 10 December 1695, Edinburgh

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At Edinburgh tuesday the tenth day of December Jaj vjc nynty and fyve years

A1695/12/101

Order

Ordor for coyneing 60 stone of Bullione in 40ss peices etc

The Lords of his Majesties privy Councill2 having considered a verball report made to them by the Comittie appoynted for visiteing what Bullion or uncoyned money is lyeing in the mint House whereby the Comittie did represent That there are ane Hundred and four scoire stone lyeing there of which three stone is milled for fourty shilling peices but not yet past his majesties irons and that the other ane Hundred and tuenty stone is still in Bullione The said Lords doe Hereby allow and ordaine the master of his majesties mint To pass under his majesties Irons the said threescoir stone of fourtie shilling peices and ordains Him to coyne the remaneing hundred and tuenty stone in tuenty shilling ten shilling and fyve shilling peices by equall portiones being a thrid part to each of the said three species and authorizes and allows him to give out the said money when so coyned, to the persones ingivers of the bullione These persons first paying to the said master the sum of tuenty pound scots for the Coynadge of each stone of the Silver so coyned And ordain’s the master to give bond to the said persons for repayment of the said tuenty pounds per stone whensoever the same shall be allowed and repayed to him by the Lords Commissioners of his majesties Thesaurie out of the bullion due by the act of parliament Jaj vjc eighty and sex years anent a free Coynadge and that whether the bonds given in by the Master to the foresaid persones at the ingiveing of their Bullione for giving out the money for the said Bullione be preceeding November Last or since syne, And ordain’s the said fyve shilling peices to pass and be Currant at the rate of fyve shilling and sex pennie scots albeit the same be not contained in the proclamatione of Councill for raising the raite of money of the tuelth of August Last

At Edinburgh tuesday the tenth day of December Jaj vjc nynty and fyve years

A1695/12/101

Order

Ordor for coyneing 60 stone of Bullione in 40ss peices etc

The Lords of his Majesties privy Councill2 having considered a verball report made to them by the Comittie appoynted for visiteing what Bullion or uncoyned money is lyeing in the mint House whereby the Comittie did represent That there are ane Hundred and four scoire stone lyeing there of which three stone is milled for fourty shilling peices but not yet past his majesties irons and that the other ane Hundred and tuenty stone is still in Bullione The said Lords doe Hereby allow and ordaine the master of his majesties mint To pass under his majesties Irons the said threescoir stone of fourtie shilling peices and ordains Him to coyne the remaneing hundred and tuenty stone in tuenty shilling ten shilling and fyve shilling peices by equall portiones being a thrid part to each of the said three species and authorizes and allows him to give out the said money when so coyned, to the persones ingivers of the bullione These persons first paying to the said master the sum of tuenty pound scots for the Coynadge of each stone of the Silver so coyned And ordain’s the master to give bond to the said persons for repayment of the said tuenty pounds per stone whensoever the same shall be allowed and repayed to him by the Lords Commissioners of his majesties Thesaurie out of the bullion due by the act of parliament Jaj vjc eighty and sex years anent a free Coynadge and that whether the bonds given in by the Master to the foresaid persones at the ingiveing of their Bullione for giving out the money for the said Bullione be preceeding November Last or since syne, And ordain’s the said fyve shilling peices to pass and be Currant at the rate of fyve shilling and sex pennie scots albeit the same be not contained in the proclamatione of Councill for raising the raite of money of the tuelth of August Last

1. NRS, PC1/50, 287.

2. The letters ‘ors’ scored out here.

1. NRS, PC1/50, 287.

2. The letters ‘ors’ scored out here.

Act, 10 December 1695, Edinburgh

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At Edinburgh tuesday the tenth day of December Jaj vjc nynty and fyve years

A1695/12/91

Act

Act changeing Christian Parks sentance etc

Anent the petitione given in to the Lords of his majesties privy Councill by Christian Park prisoner in the Tolbooth of Edinburgh Shewing that where there being a sentance of death past against me before the Lords Commissioners of his majesties justiciary for murthering of her owne Child and howbeit the samine as the petitioner alleadgeth was truely brought furth dead yet the said sentence was past against him upon the Late act of parliament That the Child being brought furth in ane House the petitioner did not call for and make use of help in the birth and she being but a young Lass about nynteen years of age and ignorant of the Law and also supprysed by the suddenness of the birth And that noe deed of actuall murder was alledged or proven against the said petitioner and that nevertheless she acknowledgeth the said Lords righteous judgement and doe not at all reclaime against the justness of the sentance And therfore humblie Craveing in maner and to the effect aftermentioned as the said petitione bears The Lords of his majesties privy Councill Haveing considered the said petitione given in to them by the said Christian Park They hereby alter the sentance of death to banishment and Discharges the magistrats of Edinburgh and others whatsomever to put the said sentance of death to executione against the said petitioner in tyme Comeing And Have banished and hereby Banisheth the said Christian Park furth of this Kingdome And of consent of the said petitioner ordain’s Her to be delyvered by the magistrats of Edinburgh and keeper of their tolbooth to Master William Areskine Governour of Blackness to be by Him transported to his majesties plantationes in America2 In respect the said petitioner hes enacted herself in the books of privie Councill That she is willing and shall depairt furth of his majesties Dominions and repair to his majesties plantations in America under the Conduct of the said Mr William Erskine or any other whom He shall appoynt and that she shall never returne within his Majesties Dominiones under the paine of haveing the sentance of death alreadie pronounced against her put to executione without mercie without the King or the Councills particular ordor for that effect sic subscribitur Tweeddale Cancel Southerland Forfar Yester Tarbatt Carmichaell Polwarth Archibald Murray Robert Sinclair Sinclair3 G Campbel of Cesnock

At Edinburgh tuesday the tenth day of December Jaj vjc nynty and fyve years

A1695/12/91

Act

Act changeing Christian Parks sentance etc

Anent the petitione given in to the Lords of his majesties privy Councill by Christian Park prisoner in the Tolbooth of Edinburgh Shewing that where there being a sentance of death past against me before the Lords Commissioners of his majesties justiciary for murthering of her owne Child and howbeit the samine as the petitioner alleadgeth was truely brought furth dead yet the said sentence was past against him upon the Late act of parliament That the Child being brought furth in ane House the petitioner did not call for and make use of help in the birth and she being but a young Lass about nynteen years of age and ignorant of the Law and also supprysed by the suddenness of the birth And that noe deed of actuall murder was alledged or proven against the said petitioner and that nevertheless she acknowledgeth the said Lords righteous judgement and doe not at all reclaime against the justness of the sentance And therfore humblie Craveing in maner and to the effect aftermentioned as the said petitione bears The Lords of his majesties privy Councill Haveing considered the said petitione given in to them by the said Christian Park They hereby alter the sentance of death to banishment and Discharges the magistrats of Edinburgh and others whatsomever to put the said sentance of death to executione against the said petitioner in tyme Comeing And Have banished and hereby Banisheth the said Christian Park furth of this Kingdome And of consent of the said petitioner ordain’s Her to be delyvered by the magistrats of Edinburgh and keeper of their tolbooth to Master William Areskine Governour of Blackness to be by Him transported to his majesties plantationes in America2 In respect the said petitioner hes enacted herself in the books of privie Councill That she is willing and shall depairt furth of his majesties Dominions and repair to his majesties plantations in America under the Conduct of the said Mr William Erskine or any other whom He shall appoynt and that she shall never returne within his Majesties Dominiones under the paine of haveing the sentance of death alreadie pronounced against her put to executione without mercie without the King or the Councills particular ordor for that effect sic subscribitur Tweeddale Cancel Southerland Forfar Yester Tarbatt Carmichaell Polwarth Archibald Murray Robert Sinclair Sinclair3 G Campbel of Cesnock

1. NRS, PC1/50, 285-6.

2. The phrase ‘The’ scored out here.

3. Sic.

1. NRS, PC1/50, 285-6.

2. The phrase ‘The’ scored out here.

3. Sic.

Sederunt, 10 December 1695, Edinburgh

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At Edinburgh tuesday the tenth day of December Jaj vjc nynty and fyve years1

A1695/12/82

Sederunt

Lord Chancellor; Duke of Queensberry; Earl of Southerland; Earl of Forfar; Lord Yester; Viscount Tarbat; Lord Carmichaell; Lord Polwarth; Lord Advocat; Lord Justice Clerk; Lord Fountonhall; Lord Anstruther; Laird of Blackbarrony; Laird of Stevensone; Sir George Campbell; Sir Rot Cheislie

At Edinburgh tuesday the tenth day of December Jaj vjc nynty and fyve years1

A1695/12/82

Sederunt

Lord Chancellor; Duke of Queensberry; Earl of Southerland; Earl of Forfar; Lord Yester; Viscount Tarbat; Lord Carmichaell; Lord Polwarth; Lord Advocat; Lord Justice Clerk; Lord Fountonhall; Lord Anstruther; Laird of Blackbarrony; Laird of Stevensone; Sir George Campbell; Sir Rot Cheislie

1. NRS, PC1/50, 285.

2. NRS, PC1/50, 285.

1. NRS, PC1/50, 285.

2. NRS, PC1/50, 285.