Tag Archives: 12 March 1695

Decreet, 12 March 1695, Edinburgh

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Edinburgh Tuesday The 12th March 1695

D1695/3/141

Decreet

Decreet The Lady Arbuthnot

Anent a Petition given in to the Lords of2 his Majesties privy Councill be Lady Anna Southerland viscountess of Arbuthnot Shewing That quher ther was ane reductione at her Cheldreins instance and hers with Concourse of the Earle of Southerland the petitioners father and others of the petitioners relationes raised before the saids Lords of a testament alledged made be the deceast Viscount of Arbuthnot the petitioners husband some few dayes before his death wherby he was said to have appointed the Laird of Leyes, Glenbervie and Knox his two3 bretheren Mr John and Mr Alexander and Provest Arbuthnot with some others (who never accepted) tutors to his Childrein as alsoe of another paper alledged made be him at that time Concerning some sort of provisions and appointing a kynd of aliement to them Ther Lordships at the Calling of this sumonds haveing also heard the bill given in by the tutors and answers therto by the petitioner Did Remitt to the Lords of sessione sumarly to dissmiss this reduction according to this remitt after a full hearing of both the tutors procurators and myne The Lords Found the reasones Lybelled relevant to reduce the testament and other paper quarralled and now seing ther is no tutors nor any aliement appointed4 to5 the petitioners Cheldrein by ther father The petitioner is necessitate to have recourse to the saids Lords for modifieing such ane aliement as they should Judge proper and that it may be the more Justly done the petitioner has heir subjoyned ane accompt of the extant of the estate The age and number of her Cheldrein as followes Viz the Estate is Twentie four thousand merks be year, Ther is seven Cheldrein My Lord being now Eight years of age he has a Governor and a Servant, her two eldest daughters the one being Eleven and the other ten years of age and are Capable of all maner of Schoolling They most have at least one Servant for the petitioners youngest sone, and thrie youngest Daughters they are yet within the years of Seven So each of them most have a woman to wait upon them, And that the Lords may know the petitioner Designe not so much her self by her Cheldreins aliement the petitioner has ingadged to mantaine them all in bed and boord of off my oun Joyntur So as to lett what is over the Schoolling attendance of Servants phisitians and appothecaries accounts incase of sicknes run up to help to make provisiones to them seing non of them any setled upon them by ther father and the aliement to be appointed by the saids Lords to her Cheldrein is to Commence from mertimes Last, since which time she hade defrayed the expence of their manintance and if the petitioner be not in a Conditione to doe it longer The petitioner Leaves to the saids Lords to6 Judge seing the petitioner has but the half of her Joyntur To Witt twentie fyve Chalders of victuall to mantaine the petitioners and them for free quarters of a year off ther is to be deduced the expence of this actions of reductione which has not been small. And Therfore Humbly Craveing the saids Lords would Imediatly appoint the petitioner ane determined aliement for all and every one of her Cheldrein to by yearly payed her dureing ther present Circumstances and that ther Lordships would Likewayess authorize the petitioner to continue her possession of the houss and yeards of Arbuthnot especially seing her Joynture house which she should have is ruinouse and that the air at present stands in need of non, and for preventing of all debates betwixts any that shall hapen to be tutors and her, at divyding the houshold plenishing wherof the petitioner is provyded to a third That ther Lordships would authorize Mr James Keith of Auchorsk shiref depute of Kincardine To make Inventar therof at the sight of the Laird of Allardyce and Knox the petitioner being present and allowing her the promiscous use of all for the petitioner and her Childrein ay and whill the samen be divided as the said petitione bears Which petition and answers therto being read in presence of the saids Lords upon the twentie Eight of February Last They Recomended to a Comittie of their oun number to Consider the bill and answers and if they find it necessary That ane aliement be allowed to the Cheldrein Then to Consider the Viscounts old testament and Recomended to the said Comittie to hear both parties and to report the quota of the particular aliements they thought fit should be allowed for each Child and the space for which the same shall endure The which Comittie Haveing mett gave in their report Bearing That they7 haveing heard the Viscountess of Arbuthnot and the Lawiers for both parties and Considered the papers subscryved be the deceast Viscount Wherby he modifies and appoints aliements to each one of his Cheldrein And The Saids Lords of his majesties privy Councill haveing Considered the Committies Report They heirby Modifie the soume of Two Thousand punds Scots money to be payed to the said Lady Anna Southerland Viscountess of Arbuthnot for aliementing of her six severall Cheldrein besides the air Commenceing from the terme of Mertimiss Last and appoints the same to Continue so long as the Childrein are allowed to remaine in familly with her, and ordaines the first termes payment to be at Whitsunday nixt and so furth yearly therafter at two termes in the year Whitsunday and mertmiss be equall portiones dureing the space forsaid and Ordaines the said Lady Anna Southerland to Continue in possessione of the house yeards and parks of Arbuthnot with the pertinants as she has hitherto possessed the same and that ay and so long as her Ladyships Cheldrein shall remaine in familly with her And ordaines letters of horning on six dayes and others needfull under the signet of Councill to be direct heiron in forme as effeirs.

Edinburgh Tuesday The 12th March 1695

D1695/3/141

Decreet

Decreet The Lady Arbuthnot

Anent a Petition given in to the Lords of2 his Majesties privy Councill be Lady Anna Southerland viscountess of Arbuthnot Shewing That quher ther was ane reductione at her Cheldreins instance and hers with Concourse of the Earle of Southerland the petitioners father and others of the petitioners relationes raised before the saids Lords of a testament alledged made be the deceast Viscount of Arbuthnot the petitioners husband some few dayes before his death wherby he was said to have appointed the Laird of Leyes, Glenbervie and Knox his two3 bretheren Mr John and Mr Alexander and Provest Arbuthnot with some others (who never accepted) tutors to his Childrein as alsoe of another paper alledged made be him at that time Concerning some sort of provisions and appointing a kynd of aliement to them Ther Lordships at the Calling of this sumonds haveing also heard the bill given in by the tutors and answers therto by the petitioner Did Remitt to the Lords of sessione sumarly to dissmiss this reduction according to this remitt after a full hearing of both the tutors procurators and myne The Lords Found the reasones Lybelled relevant to reduce the testament and other paper quarralled and now seing ther is no tutors nor any aliement appointed4 to5 the petitioners Cheldrein by ther father The petitioner is necessitate to have recourse to the saids Lords for modifieing such ane aliement as they should Judge proper and that it may be the more Justly done the petitioner has heir subjoyned ane accompt of the extant of the estate The age and number of her Cheldrein as followes Viz the Estate is Twentie four thousand merks be year, Ther is seven Cheldrein My Lord being now Eight years of age he has a Governor and a Servant, her two eldest daughters the one being Eleven and the other ten years of age and are Capable of all maner of Schoolling They most have at least one Servant for the petitioners youngest sone, and thrie youngest Daughters they are yet within the years of Seven So each of them most have a woman to wait upon them, And that the Lords may know the petitioner Designe not so much her self by her Cheldreins aliement the petitioner has ingadged to mantaine them all in bed and boord of off my oun Joyntur So as to lett what is over the Schoolling attendance of Servants phisitians and appothecaries accounts incase of sicknes run up to help to make provisiones to them seing non of them any setled upon them by ther father and the aliement to be appointed by the saids Lords to her Cheldrein is to Commence from mertimes Last, since which time she hade defrayed the expence of their manintance and if the petitioner be not in a Conditione to doe it longer The petitioner Leaves to the saids Lords to6 Judge seing the petitioner has but the half of her Joyntur To Witt twentie fyve Chalders of victuall to mantaine the petitioners and them for free quarters of a year off ther is to be deduced the expence of this actions of reductione which has not been small. And Therfore Humbly Craveing the saids Lords would Imediatly appoint the petitioner ane determined aliement for all and every one of her Cheldrein to by yearly payed her dureing ther present Circumstances and that ther Lordships would Likewayess authorize the petitioner to continue her possession of the houss and yeards of Arbuthnot especially seing her Joynture house which she should have is ruinouse and that the air at present stands in need of non, and for preventing of all debates betwixts any that shall hapen to be tutors and her, at divyding the houshold plenishing wherof the petitioner is provyded to a third That ther Lordships would authorize Mr James Keith of Auchorsk shiref depute of Kincardine To make Inventar therof at the sight of the Laird of Allardyce and Knox the petitioner being present and allowing her the promiscous use of all for the petitioner and her Childrein ay and whill the samen be divided as the said petitione bears Which petition and answers therto being read in presence of the saids Lords upon the twentie Eight of February Last They Recomended to a Comittie of their oun number to Consider the bill and answers and if they find it necessary That ane aliement be allowed to the Cheldrein Then to Consider the Viscounts old testament and Recomended to the said Comittie to hear both parties and to report the quota of the particular aliements they thought fit should be allowed for each Child and the space for which the same shall endure The which Comittie Haveing mett gave in their report Bearing That they7 haveing heard the Viscountess of Arbuthnot and the Lawiers for both parties and Considered the papers subscryved be the deceast Viscount Wherby he modifies and appoints aliements to each one of his Cheldrein And The Saids Lords of his majesties privy Councill haveing Considered the Committies Report They heirby Modifie the soume of Two Thousand punds Scots money to be payed to the said Lady Anna Southerland Viscountess of Arbuthnot for aliementing of her six severall Cheldrein besides the air Commenceing from the terme of Mertimiss Last and appoints the same to Continue so long as the Childrein are allowed to remaine in familly with her, and ordaines the first termes payment to be at Whitsunday nixt and so furth yearly therafter at two termes in the year Whitsunday and mertmiss be equall portiones dureing the space forsaid and Ordaines the said Lady Anna Southerland to Continue in possessione of the house yeards and parks of Arbuthnot with the pertinants as she has hitherto possessed the same and that ay and so long as her Ladyships Cheldrein shall remaine in familly with her And ordaines letters of horning on six dayes and others needfull under the signet of Councill to be direct heiron in forme as effeirs.

1. NRS, PC2/25, 201v-203v.

2. The word ‘their’ scored out here.

3. Insertion.

4. The word ‘by’ scored out here.

5. Insertion.

6. The word ‘redres’ scored out here.

7. The word ‘hade’ scored out here.

1. NRS, PC2/25, 201v-203v.

2. The word ‘their’ scored out here.

3. Insertion.

4. The word ‘by’ scored out here.

5. Insertion.

6. The word ‘redres’ scored out here.

7. The word ‘hade’ scored out here.

Sederunt, 12 March 1695, Edinburgh

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Edinburgh Tuesday The 12th March 16951

D1695/3/132

Sederunt

Earl of Anandale pres; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Lothian; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Strathnaver; Lord Carmicheall; Lord Polwarth; Lord Advocat; Lord Fountonhall; Laird of Grant; Sir Thomas Livingston

Edinburgh Tuesday The 12th March 16951

D1695/3/132

Sederunt

Earl of Anandale pres; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Lothian; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Strathnaver; Lord Carmicheall; Lord Polwarth; Lord Advocat; Lord Fountonhall; Laird of Grant; Sir Thomas Livingston

1. NRS, PC2/25, 201v.

2. NRS, PC2/25, 201v.

1. NRS, PC2/25, 201v.

2. NRS, PC2/25, 201v.

Acts, 12 March 1695, Edinburgh

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A1695/3/251

Acts

[Act discharging circuit courts 1695]

The Lords of his Majesties privy Councill upon a representatione made by his Majesties Advocat to them from the Lords of his Majesties Justiciary Desyreing to know their Lordships minde anent the holding of circuit Courts by the Lords Commissioners of Justiciary for this present year Jaj vjc nynty and fyve haveing considered the fyfth article of that Paragraph anent the Justice Court of the sexteen act third sessione second parliament of King Charles the second whereby it is appoynted That once in the year in the moneths of Apryll or May Circuit courts be keeped in the way and maner exprest in the said act The said Lords of his majesties privie Councill in respect That the present Circumstances and exigences of affairs doe not requyre Circuits for this year at the tymes foresaid Doe Hereby suspend and discharge the said Lords Commissioners of his Majesties Justiciary their goeing in Circuits at this tyme And Exoners them of what by the said act of parliament they are appoynted to doe for this Currant year

At Edinburgh tuesday The tuelth day of March Jaj vjc nynty and five years

A1695/3/251

Acts

[Act discharging circuit courts 1695]

The Lords of his Majesties privy Councill upon a representatione made by his Majesties Advocat to them from the Lords of his Majesties Justiciary Desyreing to know their Lordships minde anent the holding of circuit Courts by the Lords Commissioners of Justiciary for this present year Jaj vjc nynty and fyve haveing considered the fyfth article of that Paragraph anent the Justice Court of the sexteen act third sessione second parliament of King Charles the second whereby it is appoynted That once in the year in the moneths of Apryll or May Circuit courts be keeped in the way and maner exprest in the said act The said Lords of his majesties privie Councill in respect That the present Circumstances and exigences of affairs doe not requyre Circuits for this year at the tymes foresaid Doe Hereby suspend and discharge the said Lords Commissioners of his Majesties Justiciary their goeing in Circuits at this tyme And Exoners them of what by the said act of parliament they are appoynted to doe for this Currant year

1. NRS, PC1/50, 153.

1. NRS, PC1/50, 153.

Warrant, 12 March 1695, Edinburgh

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A1695/3/241

Warrant

Warrand Robert Malloch to wryte to France

The Lords of his majesties privy Councill being informed That Robert Malloch merchant in Edinburgh hes a sone called Robert Malloch younger taken prisoner by the French They Hereby allow the said Robert Malloch elder to wryt to such persons in France as he shall think fitt anent the releiving or ransomeing his said sone from his Bondage Sir James Stueart his Majesties Advocat alwayes being first acquainted with any letters which the said Robert shall wryt and the same being read and allowed by him before they be sent to France.

At Edinburgh tuesday The tuelth day of March Jaj vjc nynty and five years

A1695/3/241

Warrant

Warrand Robert Malloch to wryte to France

The Lords of his majesties privy Councill being informed That Robert Malloch merchant in Edinburgh hes a sone called Robert Malloch younger taken prisoner by the French They Hereby allow the said Robert Malloch elder to wryt to such persons in France as he shall think fitt anent the releiving or ransomeing his said sone from his Bondage Sir James Stueart his Majesties Advocat alwayes being first acquainted with any letters which the said Robert shall wryt and the same being read and allowed by him before they be sent to France.

1. NRS, PC1/50, 153.

1. NRS, PC1/50, 153.

Commission by the Council, 12 March 1695, Edinburgh

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A1695/3/231

Commission by the Council

Commissione to Drumsiue anent Irish victuall

William by the Grace of God King of great Brittain France and Ireland defender of the faith To all and sundrie our leidges and subjects whom it effeirs Greeting forasmuch as the Estates of parliament by severall acts have discharged the importatione of irish victuall and Cattle into this Kingdome under the pains and certifications therein contained as also the said Lords of privy Councill by their proclamatione of the date of thir presents In persuance of the said acts of parliament having in lyke maner prohibited the importing thereof And we considering the best and fittest way for makeing the said acts effectualle to be the Commissionating some persons of vigilance fidelity and Care To appoynt servants and others to watch alongst the sea Coasts where the said victuall and Catle are brought in and imported Therfore We with advyce of the Lords of our privy Councill doe grant full pouer authority and Commissione To David Craufurd of Drumsuy by himself his deputs servants and such as he shall think fitt to appoynt for whom he is to be answerable to search for seize and apprehend all Irish victuall and Catle imported from Ireland into this Kingdom from and after the day and date hereof from the Sound of Mull inclusive whether one mainland or Isles Southward to Dumfreis which victuall so imported the said David Crafurd and these intrusted by him and hereby authorized to cause stave sink and distroy and to seize and apprehend and take into their Custodie the boats barks and other vessells wherein the samin victuall shall be imported To dispose thereon at their pleasure fore Their owne use and behoove and for the more effectuall prosecutione of this our Commissione We with advyse foresaid grant full power and authoritie to the said David Craufurd and his foresaids within the bounds abovementioned to seize all barks or travelling boats whether Scotish or Irish untill the Skippers and owners thereof find Cautione that they shall import noe Irish victual or Catle hereafter. With power to our said Commissioner and his foresaids to search all barks boats or other vessells wherein any Irish victuall or Catle may be suspected to be and upon discoverie thereof, to put the Lawes and acts of parliament made against importing therof in all vigorous executione and if upon pregnant presumptions our said Commissioner or these intrusted by him shall suspect any persons guilty of importing Irish victuall or Cattle they are hereby Authorized To conveen any such persone or persons before the nearest magistrat of Burgh or Landwart and to lead all maner of probatione against them for proveing therof whereupon the said magistrats are to give present and readie justice and all Shirriffs Stuearts Baillies of Regalities and Barronies and all Heretors are hereby ordered to give their speedie assistance to our Commissioner and these intrusted by him whenever they shall be requyred for the more effectuall executione hereof As also the officers of any Garrisons or troops shall be oblidged to concurr and assist with a partie of Souldiers as they shall be desired upon any extraordinary occasione And the said David Craufurd and these intrusted by him are Hereby impowered with Consent of the magistrat of the place to send any persone to prisone found guilty of contraveening the said Lawes and Acts of parliament against importing of Irish victuall or Catle the magistrats being free of the prisoners charges Lykea’s we with advyce foresaid Grant full power and Commissione to the said David Craufurd and his foresaids to search for, seize and apprehend all Irish horse and mears which shall happen to be imported from Ireland into this Kingdome from and after the day and date hereof wherever the same can be found within the foresaid bounds and value and compryse the same and to exact the penalty of ane Hundred merks scots for each beast imported after the day foresaid to be exacted from the importer thereof The one half of the value both of beasts and fyne to be made furthcomeing to the Commissioners of the Thesaurie for our use and the other half to belong to the said David Craufurd and his foresaid in case of their seizing or discovering and in case any persone or persons shall make open resistance against the said David Craufurd and his foresaids or any called to their assistance by them so that there shall happen bloodshed mutilatione or slaughter to follow through the said resistance The said David Craufurd or these intrusted by him or giveing assistance to them shall never be called in questione or pursued therfore civillie or criminallie in tyme comeing and it is hereby declared That the said David Craufurd before takeing out of this his Commissione shall find sufficient Cautione acted in the books of our privy Councille That for evry boat of Irish victuall or cattle that shall be imported within the bounds foresaid after the day and date hereof and shall not be seized upon by him or these intrusted by him He shall be lyable to pay to the receiver of our Croune Rents the sum of one Hundred pound sterline unless at least they seize upon the men victuall and Cattle and resetters thereof within twentie dayes after the boat hes made its Escape and give account thereof to any of our privy Councill which shall exoner pro tanto and further that the said David Craufurd and his foresaids shall be Coumptable to our Thesaurie for the equall Half of the penalties due by the Law for the importing thereof and this Commissione is to indure for the Space of ane year Commenceing from the day and date hereof Given under our Signet at Edinburgh the tueth day of March and of our Reigne the sexth year Jaj vjc nynty and fyve years sic subscribitur Annandale p Southerland J Morton Cassillis Lothian Forfar Strathnavir Carmichaell Polwarth

At Edinburgh tuesday The tuelth day of March Jaj vjc nynty and five years

A1695/3/231

Commission by the Council

Commissione to Drumsiue anent Irish victuall

William by the Grace of God King of great Brittain France and Ireland defender of the faith To all and sundrie our leidges and subjects whom it effeirs Greeting forasmuch as the Estates of parliament by severall acts have discharged the importatione of irish victuall and Cattle into this Kingdome under the pains and certifications therein contained as also the said Lords of privy Councill by their proclamatione of the date of thir presents In persuance of the said acts of parliament having in lyke maner prohibited the importing thereof And we considering the best and fittest way for makeing the said acts effectualle to be the Commissionating some persons of vigilance fidelity and Care To appoynt servants and others to watch alongst the sea Coasts where the said victuall and Catle are brought in and imported Therfore We with advyce of the Lords of our privy Councill doe grant full pouer authority and Commissione To David Craufurd of Drumsuy by himself his deputs servants and such as he shall think fitt to appoynt for whom he is to be answerable to search for seize and apprehend all Irish victuall and Catle imported from Ireland into this Kingdom from and after the day and date hereof from the Sound of Mull inclusive whether one mainland or Isles Southward to Dumfreis which victuall so imported the said David Crafurd and these intrusted by him and hereby authorized to cause stave sink and distroy and to seize and apprehend and take into their Custodie the boats barks and other vessells wherein the samin victuall shall be imported To dispose thereon at their pleasure fore Their owne use and behoove and for the more effectuall prosecutione of this our Commissione We with advyse foresaid grant full power and authoritie to the said David Craufurd and his foresaids within the bounds abovementioned to seize all barks or travelling boats whether Scotish or Irish untill the Skippers and owners thereof find Cautione that they shall import noe Irish victual or Catle hereafter. With power to our said Commissioner and his foresaids to search all barks boats or other vessells wherein any Irish victuall or Catle may be suspected to be and upon discoverie thereof, to put the Lawes and acts of parliament made against importing therof in all vigorous executione and if upon pregnant presumptions our said Commissioner or these intrusted by him shall suspect any persons guilty of importing Irish victuall or Cattle they are hereby Authorized To conveen any such persone or persons before the nearest magistrat of Burgh or Landwart and to lead all maner of probatione against them for proveing therof whereupon the said magistrats are to give present and readie justice and all Shirriffs Stuearts Baillies of Regalities and Barronies and all Heretors are hereby ordered to give their speedie assistance to our Commissioner and these intrusted by him whenever they shall be requyred for the more effectuall executione hereof As also the officers of any Garrisons or troops shall be oblidged to concurr and assist with a partie of Souldiers as they shall be desired upon any extraordinary occasione And the said David Craufurd and these intrusted by him are Hereby impowered with Consent of the magistrat of the place to send any persone to prisone found guilty of contraveening the said Lawes and Acts of parliament against importing of Irish victuall or Catle the magistrats being free of the prisoners charges Lykea’s we with advyce foresaid Grant full power and Commissione to the said David Craufurd and his foresaids to search for, seize and apprehend all Irish horse and mears which shall happen to be imported from Ireland into this Kingdome from and after the day and date hereof wherever the same can be found within the foresaid bounds and value and compryse the same and to exact the penalty of ane Hundred merks scots for each beast imported after the day foresaid to be exacted from the importer thereof The one half of the value both of beasts and fyne to be made furthcomeing to the Commissioners of the Thesaurie for our use and the other half to belong to the said David Craufurd and his foresaid in case of their seizing or discovering and in case any persone or persons shall make open resistance against the said David Craufurd and his foresaids or any called to their assistance by them so that there shall happen bloodshed mutilatione or slaughter to follow through the said resistance The said David Craufurd or these intrusted by him or giveing assistance to them shall never be called in questione or pursued therfore civillie or criminallie in tyme comeing and it is hereby declared That the said David Craufurd before takeing out of this his Commissione shall find sufficient Cautione acted in the books of our privy Councille That for evry boat of Irish victuall or cattle that shall be imported within the bounds foresaid after the day and date hereof and shall not be seized upon by him or these intrusted by him He shall be lyable to pay to the receiver of our Croune Rents the sum of one Hundred pound sterline unless at least they seize upon the men victuall and Cattle and resetters thereof within twentie dayes after the boat hes made its Escape and give account thereof to any of our privy Councill which shall exoner pro tanto and further that the said David Craufurd and his foresaids shall be Coumptable to our Thesaurie for the equall Half of the penalties due by the Law for the importing thereof and this Commissione is to indure for the Space of ane year Commenceing from the day and date hereof Given under our Signet at Edinburgh the tueth day of March and of our Reigne the sexth year Jaj vjc nynty and fyve years sic subscribitur Annandale p Southerland J Morton Cassillis Lothian Forfar Strathnavir Carmichaell Polwarth

1. NRS, PC1/50, 150-3.

1. NRS, PC1/50, 150-3.

Act, 12 March 1695, Edinburgh

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A1695/3/221

Act

Liberatione Mr David Fairfoull

The Lords of his Majesties privy Councill doe hereby give ordor and warrand to the magistrats of Edinburgh and keeper of their Tolbooth to sett at liberty furth thereof Master David Fairfoull preist He first giveing bond and finding sufficient Cautione acted in the books of privy Councill That he shall depairt furth of his Majesties Dominions and transport himself for Flanders with the ships lyeing in the road of Leith for transporteing recruits thether In case the said ships shall happen to lye three dayes yet to runn or longer before they saill and in case the said ships shall sail sooner then the space foresaid Then that He shall transport himself with the next ships that shall saill for Flanders and never returne within his Majesties Dominions without his Majesties or the Councills warrand for that effect under the penaltie of three Hundred pound sterline

At Edinburgh tuesday The tuelth day of March Jaj vjc nynty and five years

A1695/3/221

Act

Liberatione Mr David Fairfoull

The Lords of his Majesties privy Councill doe hereby give ordor and warrand to the magistrats of Edinburgh and keeper of their Tolbooth to sett at liberty furth thereof Master David Fairfoull preist He first giveing bond and finding sufficient Cautione acted in the books of privy Councill That he shall depairt furth of his Majesties Dominions and transport himself for Flanders with the ships lyeing in the road of Leith for transporteing recruits thether In case the said ships shall happen to lye three dayes yet to runn or longer before they saill and in case the said ships shall sail sooner then the space foresaid Then that He shall transport himself with the next ships that shall saill for Flanders and never returne within his Majesties Dominions without his Majesties or the Councills warrand for that effect under the penaltie of three Hundred pound sterline

1. NRS, PC1/50, 150.

1. NRS, PC1/50, 150.

Proclamation, 12 March 1695, Edinburgh

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Proclamation

Proclamation Dischargeing Irish Victuall

The following proclamatione being read, voted, approven and signed was ordered to be recorded whereof the tenor followeth proclamatione against the importing of irish victuall William by the Grace of God King of great Brittaine France and Ireland defender of the faith To […] macers of our privy Councill or messingers at armes our shirriffs in that part conjunctly and severally specially consititut greeting Forasmuch as albeit by severall acts of parliament and proclamations of Councill The importing of meall or victuall of any sort from the Kingdom of Ireland and others therein mentioned hath been expreslie prohibited and discharged to be imported into this Kingdome by any persone or persones whatsomever under the pains and penalties therin mentioned yet nevertheless severalls of our leidgeis both of our Kingdome of Scotland and also of our said other Kingdome In manifest defraud of the foresaid Lawes and proclamationes Doe clandestinly import meall and other victuall from Ireland and landing the same in some remote Islands or Cricks within this our ancient Kingdome Doe retaill and sell the same as the native product of our Kingdome of Scotland to the great obstructione to the Sale of the grouth of this Kingdome and to the manifest prejudice thereof by exporting the Current money in specie For remeed whereof we with advyce of the Lords of our privy Councill Ratifie and approve the former proclamations made2 against the importing forraigne meall and victuall and particularly that of the date the thretteen day of march Jaj vjc nynty and four years in the whole heads clauses and articles therof and penalties therein contained Hereby requyring and Comanding the same to be put to effectuall executione in all tyme comeing, Certifieing all such Marriners seamen and sailers in any Vessell importing3 any meall or victuall or others mentioned in the foresaid proclamatione and contrary to the same from the said Kingdome of Ireland to this our ancient Kingdome and certifieing all and evry4 other persons who shall be found to concurr or assist the said Importers of the meall victuall and others therin mentioned in the said proclamatione or who recepts the same That they shall be seized upon and committed to the next prisone there to remaine dureing the pleasure of our privie Councill and we with advyce foresaid Requyre and command David Craufurd of Drumsuie presently appoynted and others who shall be appoynted in his place for watching the coast against the importing of the said irish victuall and also the Shirriffs of the severall shyres justices of peace and magistrats of Burghs within their respective Jurisdictiones to seize upon take and apprehend the persones respectively foresaid who shall be found to transgress the premisses in maner abovementioned and to committ and detaine them in prisone untill they shall be thence delyvered by express warrand of the Lords of privy Councill to be granted for that effect our Will is herefore and we charge you strictlie and command That incontinent thir our letters seen ye pass to the marcat cross of Edinburgh and to the marcat Crosses of the burghs of Glasgow and Dumfreis and thereat make publicatione of our pleasure in the premisses that none may pretend ignorance and ordaines these presents to be printed Given under our signet at Edinburgh the tueth day of March and of our Reigne the sexth year Jaj vjc nynty and fyve years sic subscribitur Annandale p Southerland J Morton Cassillis Lothian Forfar Breadalbane Tarbat Strathnaver Carmichaell Polwarth

At Edinburgh tuesday The tuelth day of March Jaj vjc nynty and five years

A1695/3/211

Proclamation

Proclamation Dischargeing Irish Victuall

The following proclamatione being read, voted, approven and signed was ordered to be recorded whereof the tenor followeth proclamatione against the importing of irish victuall William by the Grace of God King of great Brittaine France and Ireland defender of the faith To […] macers of our privy Councill or messingers at armes our shirriffs in that part conjunctly and severally specially consititut greeting Forasmuch as albeit by severall acts of parliament and proclamations of Councill The importing of meall or victuall of any sort from the Kingdom of Ireland and others therein mentioned hath been expreslie prohibited and discharged to be imported into this Kingdome by any persone or persones whatsomever under the pains and penalties therin mentioned yet nevertheless severalls of our leidgeis both of our Kingdome of Scotland and also of our said other Kingdome In manifest defraud of the foresaid Lawes and proclamationes Doe clandestinly import meall and other victuall from Ireland and landing the same in some remote Islands or Cricks within this our ancient Kingdome Doe retaill and sell the same as the native product of our Kingdome of Scotland to the great obstructione to the Sale of the grouth of this Kingdome and to the manifest prejudice thereof by exporting the Current money in specie For remeed whereof we with advyce of the Lords of our privy Councill Ratifie and approve the former proclamations made2 against the importing forraigne meall and victuall and particularly that of the date the thretteen day of march Jaj vjc nynty and four years in the whole heads clauses and articles therof and penalties therein contained Hereby requyring and Comanding the same to be put to effectuall executione in all tyme comeing, Certifieing all such Marriners seamen and sailers in any Vessell importing3 any meall or victuall or others mentioned in the foresaid proclamatione and contrary to the same from the said Kingdome of Ireland to this our ancient Kingdome and certifieing all and evry4 other persons who shall be found to concurr or assist the said Importers of the meall victuall and others therin mentioned in the said proclamatione or who recepts the same That they shall be seized upon and committed to the next prisone there to remaine dureing the pleasure of our privie Councill and we with advyce foresaid Requyre and command David Craufurd of Drumsuie presently appoynted and others who shall be appoynted in his place for watching the coast against the importing of the said irish victuall and also the Shirriffs of the severall shyres justices of peace and magistrats of Burghs within their respective Jurisdictiones to seize upon take and apprehend the persones respectively foresaid who shall be found to transgress the premisses in maner abovementioned and to committ and detaine them in prisone untill they shall be thence delyvered by express warrand of the Lords of privy Councill to be granted for that effect our Will is herefore and we charge you strictlie and command That incontinent thir our letters seen ye pass to the marcat cross of Edinburgh and to the marcat Crosses of the burghs of Glasgow and Dumfreis and thereat make publicatione of our pleasure in the premisses that none may pretend ignorance and ordaines these presents to be printed Given under our signet at Edinburgh the tueth day of March and of our Reigne the sexth year Jaj vjc nynty and fyve years sic subscribitur Annandale p Southerland J Morton Cassillis Lothian Forfar Breadalbane Tarbat Strathnaver Carmichaell Polwarth

1. NRS, PC1/50, 148-9.

2. The word ‘anent’ scored out here.

3. The word ‘aither’ scored out here.

4. The phrase ‘and evry’ is an insertion.

1. NRS, PC1/50, 148-9.

2. The word ‘anent’ scored out here.

3. The word ‘aither’ scored out here.

4. The phrase ‘and evry’ is an insertion.

Sederunt, 12 March 1695, Edinburgh

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At Edinburgh tuesday The tuelth day of March Jaj vjc nynty and five years1 2

A1695/3/203

Sederunt

Earl of Annandale; Earl of Southerland; Earl of Mortoune; Earl of Cassills; Earl of Lothiane4; Earl of Forfar; Earl of Breadalbane; Viscount Tarbat; Lord Strathnaver; Lord Carmichaell; Lord Polwarth; Lord Advocat; Lord Fountonhall; Laird of Grant

At Edinburgh tuesday The tuelth day of March Jaj vjc nynty and five years1 2

A1695/3/203

Sederunt

Earl of Annandale; Earl of Southerland; Earl of Mortoune; Earl of Cassills; Earl of Lothiane4; Earl of Forfar; Earl of Breadalbane; Viscount Tarbat; Lord Strathnaver; Lord Carmichaell; Lord Polwarth; Lord Advocat; Lord Fountonhall; Laird of Grant

1. NRS, PC1/50, 147.

2. Marginal note scored out here: ‘Liberatione Mr David Farefoul’.

3. NRS, PC1/50, 147.

4. Insertion. The word ‘Mortone’ scored out.

1. NRS, PC1/50, 147.

2. Marginal note scored out here: ‘Liberatione Mr David Farefoul’.

3. NRS, PC1/50, 147.

4. Insertion. The word ‘Mortone’ scored out.