Tag Archives: 13 April 1696

Procedure, 13 April 1696, Edinburgh

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Procedure

Bonds given in be The Earle of Argwyle

The Earle of Argwyle haveing given in to The Counsell the bonds following viz first for The Laird of Lockbowue secondly for Sir Ewen Cameron of Lochzell 3d for the Laird of Argoure 4 Donald MacLane of Coll, 5 for The Laird of Apine, 6 for the Laird of Loup And the 7th be John Mclane of Tarbat baillie and factor for Hector Mccleane of Forlowsk with a List of the persones relative to each bond The Cowncell appointes the saids bonds and Lists to lye and remaine in the hands of ther clerks of Counsell untill furder order And accordingly the same are layed up in the Comittie anent High Land clanns.

Att Edinburgh the threttein day of Aprile Jaj vic nyntie Six yeirs

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Procedure

Bonds given in be The Earle of Argwyle

The Earle of Argwyle haveing given in to The Counsell the bonds following viz first for The Laird of Lockbowue secondly for Sir Ewen Cameron of Lochzell 3d for the Laird of Argoure 4 Donald MacLane of Coll, 5 for The Laird of Apine, 6 for the Laird of Loup And the 7th be John Mclane of Tarbat baillie and factor for Hector Mccleane of Forlowsk with a List of the persones relative to each bond The Cowncell appointes the saids bonds and Lists to lye and remaine in the hands of ther clerks of Counsell untill furder order And accordingly the same are layed up in the Comittie anent High Land clanns.

1. NRS, PC2/26, 175r.

1. NRS, PC2/26, 175r.

Act, 13 April 1696, Edinburgh

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Act

Act Nathaniell2 Rankine

Anent the petitione given in to the Lords of his majesties privie Counsell Be Sir John Schaw of Greenock Shewing That wher the petitioner haveing ordered Robert Mckaula one of his officers to advertise his tennents in Greenock to pay in ther poles Conforme to the Late act of parliament Nathaniel Rankin present prisoner in the tollbwith of the Cannongate did attack the said Mcaulla in the exercise of his office and told he would poll him and did in a most crwell and murdering maner Dangerousely wound him in the threatt with a knife and of which wound the said Robert Laboured a Long tyme to the great hazard of his life And therefter the said Nathaniell did so rage in his madnes and crueltie that he wounded ane other man over the face and two woemen with the same instrument And continwed So madd for the Space of a fortnight that he went up and Downe threatning to bwrne Severall houses And particularly his own fathers house which So affrighted the familie that his mother in Law was forced to flie for fear of her life And the whole people in the place were soe extreamly terrified that non Dwrst Seaze him Which made soe great a noise that the petitioner was forced to send his son to apprehend him not being able to goe owt himself And ane court being held he did immediatly confess the above written passages Besydes the said Nathaniell being formerly gwiltie of the Like miscariages at the Townes of Air and Kirkcudbright The petitioner did prevaill with the magistrats to sett him at Libertie upon his faithfull engadgement to Live peaceably therefter But by the said crwelties old and Late the petitioner found it necessar to keep him in prisone till he Should find Sufficient Securitie which his father and wther freinds of good consideratione in the place Did absolwtely refwise For they had Lost all hopes of his peaceable deportment and he had waisted to his father above Five Thowsand merks alreadie and So he was not able to Support him any Longer But intreated to be Secured against his desperatione and extravagance Likeas his father and freinds were content he Should goe with Leivetenent William Brisbane in the Earle of Orkneyes regiment to Franders3 as a much better choice then be continwed a prisoner And now it appears that he being yet resolved to comitt more mischeiff and wickednes hes applyed to the saids Lords to be Sett at Libertie Which if he be he will certainly Doe some other acts of Villany and crwelty But now being the saids Lords prisoner It is humbly expected that their Lordships will putt Such a Stopp therunto As that he Shall not have access to disturbe the peace and Qwyet of his majesties Subjects And therfore humbly craveing the saids Lords to take the premisses to ther consideratione And whither by Sending the prisoner to Flanders or otherwayes as their Lordships shall think fitt and the saids Lords be pleased to Secure the publict peace As the said petitione bears The saids Lords of his majesties privie Counsell haveing considered this petitioner given in to them be the said Sir John Schaw of Greenock with ane other petitione Be Nathaniell Rankine Skipper in Donachade in Ireland by way of Ansuer therto they heirby give order and warrand to the baillies of the Cannongate and keeper of ther Tollbwith to sett the said Nathaniell Rankin at Liberty furth therof in respect he hes given bond and found sufficient cautione acted in the books of privie Counsell That he shall keep his majesties peace And particularly that the said Sir John Schaw and all others the inhabitants of the towne of Greenock ther wifes bairnes men tenents and servants shall be harmeles and Skaithles of the said Nathaniell his wyffe bairnes men tennents and servants in ther persones and goods and in the peaceable possessione of ther goods Lands heretadges tacks steedings roomes and possessiones And shall in nowise be troubled or molested be the said Nathaniell nor by noe others of his causeing sending hunding out comand resett assistance or ratihabitione whom he may Stopp or Lett Directly or indirectly from the day and date of the presents wtherwayes then be order of Law and Jwstice wnder the penaltie of Five Hundereth merks Scotts in any caise he shall transgress in any pairt of the premisses

Att Edinburgh the threttein day of Aprile Jaj vic nyntie Six yeirs

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Act

Act Nathaniell2 Rankine

Anent the petitione given in to the Lords of his majesties privie Counsell Be Sir John Schaw of Greenock Shewing That wher the petitioner haveing ordered Robert Mckaula one of his officers to advertise his tennents in Greenock to pay in ther poles Conforme to the Late act of parliament Nathaniel Rankin present prisoner in the tollbwith of the Cannongate did attack the said Mcaulla in the exercise of his office and told he would poll him and did in a most crwell and murdering maner Dangerousely wound him in the threatt with a knife and of which wound the said Robert Laboured a Long tyme to the great hazard of his life And therefter the said Nathaniell did so rage in his madnes and crueltie that he wounded ane other man over the face and two woemen with the same instrument And continwed So madd for the Space of a fortnight that he went up and Downe threatning to bwrne Severall houses And particularly his own fathers house which So affrighted the familie that his mother in Law was forced to flie for fear of her life And the whole people in the place were soe extreamly terrified that non Dwrst Seaze him Which made soe great a noise that the petitioner was forced to send his son to apprehend him not being able to goe owt himself And ane court being held he did immediatly confess the above written passages Besydes the said Nathaniell being formerly gwiltie of the Like miscariages at the Townes of Air and Kirkcudbright The petitioner did prevaill with the magistrats to sett him at Libertie upon his faithfull engadgement to Live peaceably therefter But by the said crwelties old and Late the petitioner found it necessar to keep him in prisone till he Should find Sufficient Securitie which his father and wther freinds of good consideratione in the place Did absolwtely refwise For they had Lost all hopes of his peaceable deportment and he had waisted to his father above Five Thowsand merks alreadie and So he was not able to Support him any Longer But intreated to be Secured against his desperatione and extravagance Likeas his father and freinds were content he Should goe with Leivetenent William Brisbane in the Earle of Orkneyes regiment to Franders3 as a much better choice then be continwed a prisoner And now it appears that he being yet resolved to comitt more mischeiff and wickednes hes applyed to the saids Lords to be Sett at Libertie Which if he be he will certainly Doe some other acts of Villany and crwelty But now being the saids Lords prisoner It is humbly expected that their Lordships will putt Such a Stopp therunto As that he Shall not have access to disturbe the peace and Qwyet of his majesties Subjects And therfore humbly craveing the saids Lords to take the premisses to ther consideratione And whither by Sending the prisoner to Flanders or otherwayes as their Lordships shall think fitt and the saids Lords be pleased to Secure the publict peace As the said petitione bears The saids Lords of his majesties privie Counsell haveing considered this petitioner given in to them be the said Sir John Schaw of Greenock with ane other petitione Be Nathaniell Rankine Skipper in Donachade in Ireland by way of Ansuer therto they heirby give order and warrand to the baillies of the Cannongate and keeper of ther Tollbwith to sett the said Nathaniell Rankin at Liberty furth therof in respect he hes given bond and found sufficient cautione acted in the books of privie Counsell That he shall keep his majesties peace And particularly that the said Sir John Schaw and all others the inhabitants of the towne of Greenock ther wifes bairnes men tenents and servants shall be harmeles and Skaithles of the said Nathaniell his wyffe bairnes men tennents and servants in ther persones and goods and in the peaceable possessione of ther goods Lands heretadges tacks steedings roomes and possessiones And shall in nowise be troubled or molested be the said Nathaniell nor by noe others of his causeing sending hunding out comand resett assistance or ratihabitione whom he may Stopp or Lett Directly or indirectly from the day and date of the presents wtherwayes then be order of Law and Jwstice wnder the penaltie of Five Hundereth merks Scotts in any caise he shall transgress in any pairt of the premisses

1. NRS, PC2/26, 173v-174v.

2. The word ‘Gordoune’ scored out here.

3. Sic.

1. NRS, PC2/26, 173v-174v.

2. The word ‘Gordoune’ scored out here.

3. Sic.

Decreet, 13 April 1696, Edinburgh

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Decreet

Decreit Fletchers against Aberlady

Anent the petitione given in to The Lords of his majesties privie Cownsell Be Andrew Fletcher of Aberlady and Alexander Cuming of Coulter his Tutor Shewing That wher ther being a petitione given in to the saids Lords by Beatrix and Mary Fletchers Laufull doughters to the deceast Sir Andrew Fletchers of Aberlady Representing that ther father haveing died without makeing testament or appointing any provisione for them And that he died Leaveing exerce and moveables behind him Extending to about nyntein thousand punds which propper he belonged to them as executors decerned to ther father And yet that the executor was intrometted with by the tutors of Archbald Fletcher ther brother wncle to the petitioner and applyed to his wse for which they had raised a process befor the Lords of Sessione but in respect they were destitut of any Subsistance and that the proces could not so Sumarly be discust they therfore craved that the Saids Lords would modifie to ilk ane of them two hundereth merks yeirly and ordaine the petitioner his factor tutor and tenents to pay the Same at the termes therin mentioned The Desyre wherof the Saids Lords granted and ordained the petitioners and Mr William Black as factor and the tennents and possessors of Aberlady to pay to ilk ane of them the Soume of Ane Hundereth punds Scotts for aliment from Lambes Last to Whittsonday next And ane Hundereth merks to each of them at the said terme of whittsonday and Soe furth at Mertimes and whittsonday therefter by advance Dureing the dependance of the foirsaid proces Wpon which Decreit and ordinance of the Saids Lords they designe to distress the petitioners his tutor factor and tenents And therfore he humbly takes Leave to Lay befor the saids Lords the following considerationes primo the saids Beatrix and Mary Fletchers haveing in ther immoritie obtained a decreit of aliement against the deceast Archbald Fletchers of Aberlady ther brother they made applicatione to The Lords of Sessione that they would continwe the foirsaid aliment and ordaine the petitioner and his tutors to pay in the termes of ther foirsaid decreit But ther being reductione raised and the reasones debate and reported to The Lords they found that a nephew was not bound to aliment his awnts who are majors albeit he brwike ane estate as air to his Grandfather who was father to these awnts and had omitted to provide them and refwsed to modifie any aliment and assoillied the petitioner therfrom in all tyme comeing As the extract of the decreit absolvitor therwith produced doeth testifie So that this point being alreadie determined in Jure Its hoped the saids Lords will not think that any twtor is safe to pay and aliment efter his pupill is assoillied therfrom But in the next place the saids Beatrix and Mary Fletchers (That ther may be some regwrd2 of pretence for what they desyre) have raised a process against the petitioner and have only craved ane aliment Dureing the Dependance As to which First the petitioner and his tutor cannot regularly be conveened in that process because by what is represented in the bill the said Beatrix and Mary Fletchers acknouledge that they are executors to ther father And that the intromissione was by the deceast Archbald Fletchers tutors and curators so that in caise the intrometters are only conveenable And albeit they insinwat in ther bill that the executrie was applyed to ther brothers behove to whom the petitioner is Air that is absolutely denyed And tho it were trwe the tutors nor curators have never yet compted And if ther be any executrie they are the only persones lyable But The trweth is ther is no executrie the Same being farr exhausted by debts as is knowen to Saltoune who was tutor and Blackbarrony who was curator to the petitioners father and wncle And the trwe designe of raiseing this process is only to perpetuat ane aliment upon the petitioner contrair to Law without the Least designe of prosecuteing it Secundo The Saids Lords are never in wse to modifie aliments in absence without calling the pairtie from whom the aliment is craved But in this caise altho the petitioner be minor he nor his tutor were not cited or ever knew therof till the interloquitor was Subscribed Tertio It is not ordinary for the saids Lords to modifie aliments Dureing the dependance of process, that being ordinarly done by the Lords befor whom the process depends But if ever Done by the saids Lords or The Lords of Sessione the persones to whom the aliment is granted are ordained to find cautione to refownd in caise ther be not als much found Dwe at the event of the process as will compense what is advanced And if the Saids Lords notwithstanding of what is above represented will ordaine the petitioner to pay the foirsaid aliment he is content to doe it upon Blackbarrony and Saltowne or aither of them ther becoming cawtione to refownd in maner foirsaid And reasoneably this cannot be refwsed by them for besyde that the one is wncle and the other Coussine to the saids Beatrix and Mary Fletchers and gave in the petitione for them they are the only persones who intrometted with the executrie, for which they have never yet compted and best know the conditione therof And ther finding cautione will exoner the petitioners tutor but if they refwse it will be ane evidence that nothing will be found dwe by that proces And if noething be Dwe it is most wnreasoneable that the petitioners Should be lyable especiallie when he is assoillzed in Jure by a decreit in maner foirsaid And therfore humbly craveing the saids Lords to consider the premisses and Stopp extracting of the foirsaid decreit or if the Same be extracted to sist executione till aither the saids Beatrix and Mary Fletchers find cautione in maner abovementioned or the petitioners and his tutor be alloued a heareing in ther own presence As the said petitione bears Since printing of this petitione the said Mr William Black as factor hes gotten a charge of horning to pay two hundered pund Scotts to the said Beatrix and Mary Fletchers for ther aliment Since Lambes Last which is more as half a yeir befor comenceing of ther pretendit process And for that half yeirs aliment Aberlady is assoillzed by the Decreit of the Lords which is dated in January Last So that albeit the Saids Lords Should ordaine ane aliment to be payed to them in tyme comeing upon ther finding cautione in maner foirsaid yet as to termes preceeding the comenceing of the process it is res hacteuus Judicata Besyde Mr William Black hes no pairt of the rents in his hands and he haveing only out of freindshipe accepted ane factorie from the tutor Dureing his absence abroad It is hard that he Should be decerned or charged with horning to pay when he hes so Litle concerne in the mater In respect of all which Its hoped the saids Lords will aither allow a heareing in ther own presence or appoint a comittie to consider the petitioners defensses in Law which was never denyed to any farr less to a minor The Saids Lords of his majesties privie Counsell haveing considered the above petitione given in to them be the saids Andrew Fletcher of Aberlady and Alexander Cuming of Coulter Against Beatrix and Mary Fletchers and the advocats for both pairties being called Compeared William Black as Advocat for the saids petitioners who are the Suspenders And sicklyke Compeared Mr John Frank as Advocat for the charger And the saids Advocats being fullie heard The Lords of his Majesties privie Counsell Doe heirby adhere to the Decreit charged upon pronunced by their Lordships And finds the Letters raised upon the said Decreit orderly proceeded And ordaines the Same to take effect And to be pwtt to furder executione Conforme to the tennor of the said Decreit charged upon And repells the reasones contained in the Bill

Att Edinburgh the threttein day of Aprile Jaj vic nyntie Six yeirs

D1696/4/241

Decreet

Decreit Fletchers against Aberlady

Anent the petitione given in to The Lords of his majesties privie Cownsell Be Andrew Fletcher of Aberlady and Alexander Cuming of Coulter his Tutor Shewing That wher ther being a petitione given in to the saids Lords by Beatrix and Mary Fletchers Laufull doughters to the deceast Sir Andrew Fletchers of Aberlady Representing that ther father haveing died without makeing testament or appointing any provisione for them And that he died Leaveing exerce and moveables behind him Extending to about nyntein thousand punds which propper he belonged to them as executors decerned to ther father And yet that the executor was intrometted with by the tutors of Archbald Fletcher ther brother wncle to the petitioner and applyed to his wse for which they had raised a process befor the Lords of Sessione but in respect they were destitut of any Subsistance and that the proces could not so Sumarly be discust they therfore craved that the Saids Lords would modifie to ilk ane of them two hundereth merks yeirly and ordaine the petitioner his factor tutor and tenents to pay the Same at the termes therin mentioned The Desyre wherof the Saids Lords granted and ordained the petitioners and Mr William Black as factor and the tennents and possessors of Aberlady to pay to ilk ane of them the Soume of Ane Hundereth punds Scotts for aliment from Lambes Last to Whittsonday next And ane Hundereth merks to each of them at the said terme of whittsonday and Soe furth at Mertimes and whittsonday therefter by advance Dureing the dependance of the foirsaid proces Wpon which Decreit and ordinance of the Saids Lords they designe to distress the petitioners his tutor factor and tenents And therfore he humbly takes Leave to Lay befor the saids Lords the following considerationes primo the saids Beatrix and Mary Fletchers haveing in ther immoritie obtained a decreit of aliement against the deceast Archbald Fletchers of Aberlady ther brother they made applicatione to The Lords of Sessione that they would continwe the foirsaid aliment and ordaine the petitioner and his tutors to pay in the termes of ther foirsaid decreit But ther being reductione raised and the reasones debate and reported to The Lords they found that a nephew was not bound to aliment his awnts who are majors albeit he brwike ane estate as air to his Grandfather who was father to these awnts and had omitted to provide them and refwsed to modifie any aliment and assoillied the petitioner therfrom in all tyme comeing As the extract of the decreit absolvitor therwith produced doeth testifie So that this point being alreadie determined in Jure Its hoped the saids Lords will not think that any twtor is safe to pay and aliment efter his pupill is assoillied therfrom But in the next place the saids Beatrix and Mary Fletchers (That ther may be some regwrd2 of pretence for what they desyre) have raised a process against the petitioner and have only craved ane aliment Dureing the Dependance As to which First the petitioner and his tutor cannot regularly be conveened in that process because by what is represented in the bill the said Beatrix and Mary Fletchers acknouledge that they are executors to ther father And that the intromissione was by the deceast Archbald Fletchers tutors and curators so that in caise the intrometters are only conveenable And albeit they insinwat in ther bill that the executrie was applyed to ther brothers behove to whom the petitioner is Air that is absolutely denyed And tho it were trwe the tutors nor curators have never yet compted And if ther be any executrie they are the only persones lyable But The trweth is ther is no executrie the Same being farr exhausted by debts as is knowen to Saltoune who was tutor and Blackbarrony who was curator to the petitioners father and wncle And the trwe designe of raiseing this process is only to perpetuat ane aliment upon the petitioner contrair to Law without the Least designe of prosecuteing it Secundo The Saids Lords are never in wse to modifie aliments in absence without calling the pairtie from whom the aliment is craved But in this caise altho the petitioner be minor he nor his tutor were not cited or ever knew therof till the interloquitor was Subscribed Tertio It is not ordinary for the saids Lords to modifie aliments Dureing the dependance of process, that being ordinarly done by the Lords befor whom the process depends But if ever Done by the saids Lords or The Lords of Sessione the persones to whom the aliment is granted are ordained to find cautione to refownd in caise ther be not als much found Dwe at the event of the process as will compense what is advanced And if the Saids Lords notwithstanding of what is above represented will ordaine the petitioner to pay the foirsaid aliment he is content to doe it upon Blackbarrony and Saltowne or aither of them ther becoming cawtione to refownd in maner foirsaid And reasoneably this cannot be refwsed by them for besyde that the one is wncle and the other Coussine to the saids Beatrix and Mary Fletchers and gave in the petitione for them they are the only persones who intrometted with the executrie, for which they have never yet compted and best know the conditione therof And ther finding cautione will exoner the petitioners tutor but if they refwse it will be ane evidence that nothing will be found dwe by that proces And if noething be Dwe it is most wnreasoneable that the petitioners Should be lyable especiallie when he is assoillzed in Jure by a decreit in maner foirsaid And therfore humbly craveing the saids Lords to consider the premisses and Stopp extracting of the foirsaid decreit or if the Same be extracted to sist executione till aither the saids Beatrix and Mary Fletchers find cautione in maner abovementioned or the petitioners and his tutor be alloued a heareing in ther own presence As the said petitione bears Since printing of this petitione the said Mr William Black as factor hes gotten a charge of horning to pay two hundered pund Scotts to the said Beatrix and Mary Fletchers for ther aliment Since Lambes Last which is more as half a yeir befor comenceing of ther pretendit process And for that half yeirs aliment Aberlady is assoillzed by the Decreit of the Lords which is dated in January Last So that albeit the Saids Lords Should ordaine ane aliment to be payed to them in tyme comeing upon ther finding cautione in maner foirsaid yet as to termes preceeding the comenceing of the process it is res hacteuus Judicata Besyde Mr William Black hes no pairt of the rents in his hands and he haveing only out of freindshipe accepted ane factorie from the tutor Dureing his absence abroad It is hard that he Should be decerned or charged with horning to pay when he hes so Litle concerne in the mater In respect of all which Its hoped the saids Lords will aither allow a heareing in ther own presence or appoint a comittie to consider the petitioners defensses in Law which was never denyed to any farr less to a minor The Saids Lords of his majesties privie Counsell haveing considered the above petitione given in to them be the saids Andrew Fletcher of Aberlady and Alexander Cuming of Coulter Against Beatrix and Mary Fletchers and the advocats for both pairties being called Compeared William Black as Advocat for the saids petitioners who are the Suspenders And sicklyke Compeared Mr John Frank as Advocat for the charger And the saids Advocats being fullie heard The Lords of his Majesties privie Counsell Doe heirby adhere to the Decreit charged upon pronunced by their Lordships And finds the Letters raised upon the said Decreit orderly proceeded And ordaines the Same to take effect And to be pwtt to furder executione Conforme to the tennor of the said Decreit charged upon And repells the reasones contained in the Bill

1. NRS, PC2/26, 170v-173r.

2. Written over another illegible word.

1. NRS, PC2/26, 170v-173r.

2. Written over another illegible word.

Sederunt, 13 April 1696, Edinburgh

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D1696/4/232

Sederunt

Lord Chancellor; Earl of Argwyle; Earl of Southerland; Earl of Mortoune; Earl of Lauderdale; Earl of Lothian; Earl of Annandale; Viscount Tarbat; Lord Carmichael; Lord Advocat; Lord Justice Clerk; Lord Fountainhall; Lord Anstruther; Laird of Grant; Laird of Blackbarrony; Laird of Pollock; Sir Thomas Livingston

Att Edinburgh the threttein day of Aprile Jaj vic nyntie Six yeirs1

D1696/4/232

Sederunt

Lord Chancellor; Earl of Argwyle; Earl of Southerland; Earl of Mortoune; Earl of Lauderdale; Earl of Lothian; Earl of Annandale; Viscount Tarbat; Lord Carmichael; Lord Advocat; Lord Justice Clerk; Lord Fountainhall; Lord Anstruther; Laird of Grant; Laird of Blackbarrony; Laird of Pollock; Sir Thomas Livingston

1. NRS, PC2/26, 170v.

2. NRS, PC2/26, 170v.

1. NRS, PC2/26, 170v.

2. NRS, PC2/26, 170v.

Warrant, 13 April 1696, Edinburgh

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At Edinburgh the thretteinth day of Aprile Jaj vjc nyntie six years

A1696/4/701

Warrant

Warrand for registrating bonds taken by Lord Advocat from persons who have been in France

The Lords of his Majesties privie Councell Doe heirby ordaine their Clerks to Cause registrat the five bonds following given to them by Sir James Steuart his Majesties Advocat and to raise Horning upon the saids bonds And to delyver the same to his Majesties Sollicitor or servant to Cause execute the saids Letters viz a bond by Walter Bosuell for Philip Hamilton of Kilbrachmont the second by Mr. Mathew Mckell advocat for Alexander Sandilands his Son in Law The third by Mr John Monroe wryter for Charles Lermounth The Fourth by Samuell Mcclelland and George Adamsone For James Adamson Gentleman Lately come from France The Fifth by Charles Farqwharsone brother to Innerray and Alexander Abercrombie brother to the Lord Glassfoord

At Edinburgh the thretteinth day of Aprile Jaj vjc nyntie six years

A1696/4/701

Warrant

Warrand for registrating bonds taken by Lord Advocat from persons who have been in France

The Lords of his Majesties privie Councell Doe heirby ordaine their Clerks to Cause registrat the five bonds following given to them by Sir James Steuart his Majesties Advocat and to raise Horning upon the saids bonds And to delyver the same to his Majesties Sollicitor or servant to Cause execute the saids Letters viz a bond by Walter Bosuell for Philip Hamilton of Kilbrachmont the second by Mr. Mathew Mckell advocat for Alexander Sandilands his Son in Law The third by Mr John Monroe wryter for Charles Lermounth The Fourth by Samuell Mcclelland and George Adamsone For James Adamson Gentleman Lately come from France The Fifth by Charles Farqwharsone brother to Innerray and Alexander Abercrombie brother to the Lord Glassfoord

1. NRS, PC1/50, 479.

1. NRS, PC1/50, 479.

Act, 13 April 1696, Edinburgh

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At Edinburgh the thretteinth day of Aprile Jaj vjc nyntie six years

A1696/4/691

Act

Act for delyvering Recruits free of Goalers Fie

The Lords of his Majesties privie Councill Doe heirby ordaine the Keeper of the tolbooth of the Cannongate to delyver to the Flanders officers all the draughts and Recruits belonging to these officers to be Carryed abroad by them for his Majesties service in Flanders and that free of any house dues which the said Keeper may pretend to as house rent or Goaller fee for keeping of the saids draughts or recruits aither to himself or other servants in the tolbooth since their Imprisonment

At Edinburgh the thretteinth day of Aprile Jaj vjc nyntie six years

A1696/4/691

Act

Act for delyvering Recruits free of Goalers Fie

The Lords of his Majesties privie Councill Doe heirby ordaine the Keeper of the tolbooth of the Cannongate to delyver to the Flanders officers all the draughts and Recruits belonging to these officers to be Carryed abroad by them for his Majesties service in Flanders and that free of any house dues which the said Keeper may pretend to as house rent or Goaller fee for keeping of the saids draughts or recruits aither to himself or other servants in the tolbooth since their Imprisonment

1. NRS, PC1/50, 479.

1. NRS, PC1/50, 479.

Order, 13 April 1696, Edinburgh

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At Edinburgh the thretteinth day of Aprile Jaj vjc nyntie six years

A1696/4/681

Order

Recommendation to The Lord Advocat to draw a paper in favours of Flanders officers

Sir James Steuart his Majesties Advocat Having made a verball report to the Councell of the Differences betuixt the Flanders officers and the officers of the standing forces uithin this Kingdome Anent the Recruits drauen out of the Scotts Regiments which after they uere shipped were driven back by storme And are since by order of Councell putt in amongst the regiments The Lords of his Majesties privie Councell Doe heirby Recommend to the said Lord Advocat to prepare the draught of the declaration Recommendation or other paper which Collonell Buchan Desyres from the Councell In favoures of the Flanders officers And to present the same to the Councell against their nixt meeting

At Edinburgh the thretteinth day of Aprile Jaj vjc nyntie six years

A1696/4/681

Order

Recommendation to The Lord Advocat to draw a paper in favours of Flanders officers

Sir James Steuart his Majesties Advocat Having made a verball report to the Councell of the Differences betuixt the Flanders officers and the officers of the standing forces uithin this Kingdome Anent the Recruits drauen out of the Scotts Regiments which after they uere shipped were driven back by storme And are since by order of Councell putt in amongst the regiments The Lords of his Majesties privie Councell Doe heirby Recommend to the said Lord Advocat to prepare the draught of the declaration Recommendation or other paper which Collonell Buchan Desyres from the Councell In favoures of the Flanders officers And to present the same to the Councell against their nixt meeting

1. NRS, PC1/50, 478.

1. NRS, PC1/50, 478.

Procedure, 13 April 1696, Edinburgh

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At Edinburgh the thretteinth day of Aprile Jaj vjc nyntie six years

A1696/4/671

Procedure

Approbation of Imprisoning Mr James Eduard

The Lord Advocat Having Acquanted the Lords of his Majesties privie Councell That the Lord Justice Clerk and his Lordship hearing that Mr James Eduard who waits upon Sir James Fleemings children Intertaines and Keeps Correspondence to the prejudice of the Government uith one Mr Charles Eduard his brother who was formerly in rebellion uith the deceast Viscount of Dundie In the hills and is presently prisoner at London For his acting against the government and is Lately come from France They Committed him closs prisoner to the tolbooth of Edinburgh and Caused seize his peapers The saids Lords Doe heirby approve of what the said Lord Advocat and Lord Justice Clerk hes done in this matter And Recommends to their Lordships to revise the peapers seased and make their report to the Councell And appoints the said Mr James Eduard to Continow Closs prisoner till farder order

At Edinburgh the thretteinth day of Aprile Jaj vjc nyntie six years

A1696/4/671

Procedure

Approbation of Imprisoning Mr James Eduard

The Lord Advocat Having Acquanted the Lords of his Majesties privie Councell That the Lord Justice Clerk and his Lordship hearing that Mr James Eduard who waits upon Sir James Fleemings children Intertaines and Keeps Correspondence to the prejudice of the Government uith one Mr Charles Eduard his brother who was formerly in rebellion uith the deceast Viscount of Dundie In the hills and is presently prisoner at London For his acting against the government and is Lately come from France They Committed him closs prisoner to the tolbooth of Edinburgh and Caused seize his peapers The saids Lords Doe heirby approve of what the said Lord Advocat and Lord Justice Clerk hes done in this matter And Recommends to their Lordships to revise the peapers seased and make their report to the Councell And appoints the said Mr James Eduard to Continow Closs prisoner till farder order

1. NRS, PC1/50, 478.

1. NRS, PC1/50, 478.

Act, 13 April 1696, Edinburgh

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At Edinburgh the thretteinth day of Aprile Jaj vjc nyntie six years

A1696/4/661

Act

Act Major James Buchan

Mr. John Buchan Advocat Cautioner for Major James Buchan who hes been in France since the Late Act of parliament being Cited and Major James Buchan Having appeared personallie The Lords of his Majesties privie Councell Doe heirby Continow the baile already found by the Major And declares him to be at Libertie to goe about his affairs as any others of his Majesties free Leidges for a day or tuo that he Consider if he will qualifie himself or not He renuing his former bale And Giving former bale and giving Bond and finding sufficient Caution acted in the books of privie Counsell That he shall Live peacably under and uith all submission to the present government of his Majestie King Willian And that he shall not Act Consult nor Contrive any thing in prejudice therof nor Converss or Correspond uith any rebells And that he shall appear before the saids Lords of privie Councell when called for under the penaltie of one thousand merks scotts money

At Edinburgh the thretteinth day of Aprile Jaj vjc nyntie six years

A1696/4/661

Act

Act Major James Buchan

Mr. John Buchan Advocat Cautioner for Major James Buchan who hes been in France since the Late Act of parliament being Cited and Major James Buchan Having appeared personallie The Lords of his Majesties privie Councell Doe heirby Continow the baile already found by the Major And declares him to be at Libertie to goe about his affairs as any others of his Majesties free Leidges for a day or tuo that he Consider if he will qualifie himself or not He renuing his former bale And Giving former bale and giving Bond and finding sufficient Caution acted in the books of privie Counsell That he shall Live peacably under and uith all submission to the present government of his Majestie King Willian And that he shall not Act Consult nor Contrive any thing in prejudice therof nor Converss or Correspond uith any rebells And that he shall appear before the saids Lords of privie Councell when called for under the penaltie of one thousand merks scotts money

1. NRS, PC1/50, 477-8.

1. NRS, PC1/50, 477-8.

Act, 13 April 1696, Edinburgh

Posted on by

At Edinburgh the thretteinth day of Aprile Jaj vjc nyntie six years

A1696/4/651

Act

Act Captain James Patton

Mr Alexander Cochrane of Bonshaw and David Malcolme wryter in Edinburgh Cautioners for Captaine James Pattoun Being Cited and Called Compeared personallie the said James Pattoun the principall. The Lords of his Majesties privie Councell Have alloued and heirby alloues the said Captain James Pattoun to be at Libertie to goe about his affairs as any others of his Majesties free Leidges In respect He hath renued his former baile to Live peacably under and uith all submission to the present government of his Majestie King William And that he shall not Act Consult nor Contrive uith any rebells And that he shall appear before the saids Lords of his majesties privie Councell when called for under the penaltie of ane Hundreth pounds sterling And ordaines the Captains of former bond to be Given up

At Edinburgh the thretteinth day of Aprile Jaj vjc nyntie six years

A1696/4/651

Act

Act Captain James Patton

Mr Alexander Cochrane of Bonshaw and David Malcolme wryter in Edinburgh Cautioners for Captaine James Pattoun Being Cited and Called Compeared personallie the said James Pattoun the principall. The Lords of his Majesties privie Councell Have alloued and heirby alloues the said Captain James Pattoun to be at Libertie to goe about his affairs as any others of his Majesties free Leidges In respect He hath renued his former baile to Live peacably under and uith all submission to the present government of his Majestie King William And that he shall not Act Consult nor Contrive uith any rebells And that he shall appear before the saids Lords of his majesties privie Councell when called for under the penaltie of ane Hundreth pounds sterling And ordaines the Captains of former bond to be Given up

1. NRS, PC1/50, 477.

1. NRS, PC1/50, 477.