Tag Archives: 13 March 1694

Act, 13 March 1694, Edinburgh

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Edinburgh the threteinth day of March Jaj vjc nyntie four years

D1694/3/201

Act

Act Cochran and Eglisham

In the Petition given in to the Lords of ther Majesties privy Councill be James Cochran sometime in Mayboill and John Eiglisham sometime in Craigeoch Shewin that quher some years agoe Immediately after the Reduction of Ireland the petitioners went over to that kingdom with their famillies and stocks thinking to have setled ther to better advantadge, Lykeas by the said transport they did indeed better ther stocks both by the increase of ther number and Improveing of their kynd But now are inclined to turne to the petitioners 2 our Native Countrey and their former possessiones are at present void wanting for them, and are only hindered by the prohibition of the Import of Irish Catle And Seing that ther Catle properly are not Irish Catle nor are they bringin them to this Countrey for Sale But singlely on the account forsaid, Which instead of being prejudiciall to is certainly the benefite of the Countrey specially when the quantity is so small not exceiding six or seven score-head betwixt them both And Therfore Humbly Craveing the saids Lords to allow the petitioners to bring back their said stocks and for that effect to grant them a permission by the saids Lords their deliverance as the said petition at more leanth bears, The saids Lords of their majesties privy Councill haveing Considered the above petition with a Certificat produced therwith Bearing that the petitioners did goe to Ireland and Cary over ther stocks of nolt and sheep with them to the number of Sixtie Cowes and oxen young and old each of them, And that the above John Eiglsham is yet liveing in Ireland and the above James Cochran is now in Scotland, Bot that his stock of nolt remaines still in Ireland, And being informed that Alexander Eiglsham in Thomastoune and John McCaula writter in Mayboill subscrivers of the said testificat are ready to make faith and depone upon the same as to the verity therof, and the saids Lords appointed a Comittie of their oun number to take the oathes of the saids two persones upon the verity of the Contents of the forsaid testificat Conforme wherunto the saids Alexander Eiglsham and John McCauly haveing Compeired in presence of the said Committie and haveing taken inspectione of the said testificat and heard the same read in presence of the said Lords and themselves They both being solemnly sworne and examined upon their great oathes Deponed and Declared that the hail contents of the said testificats are treuth and of verity and that the soume is duely subscribed by them as the oathes and depositiones of the saids two persones extant in proces bears And the saids Lords of their Majesties privy Councill haveing this day Considered the forsaids depositiones They heirby Allow the petitioners to bring back their stocks of Catle from Ireland to this kingdome to the number of sixtie Cowes and oxen young and old for each of the two petitioners, And that notwithstanding of the proclamation of Councill of this dayes date prohibiting the Import of Catle from Ireland in to this kingdome.

Edinburgh the threteinth day of March Jaj vjc nyntie four years

D1694/3/201

Act

Act Cochran and Eglisham

In the Petition given in to the Lords of ther Majesties privy Councill be James Cochran sometime in Mayboill and John Eiglisham sometime in Craigeoch Shewin that quher some years agoe Immediately after the Reduction of Ireland the petitioners went over to that kingdom with their famillies and stocks thinking to have setled ther to better advantadge, Lykeas by the said transport they did indeed better ther stocks both by the increase of ther number and Improveing of their kynd But now are inclined to turne to the petitioners 2 our Native Countrey and their former possessiones are at present void wanting for them, and are only hindered by the prohibition of the Import of Irish Catle And Seing that ther Catle properly are not Irish Catle nor are they bringin them to this Countrey for Sale But singlely on the account forsaid, Which instead of being prejudiciall to is certainly the benefite of the Countrey specially when the quantity is so small not exceiding six or seven score-head betwixt them both And Therfore Humbly Craveing the saids Lords to allow the petitioners to bring back their said stocks and for that effect to grant them a permission by the saids Lords their deliverance as the said petition at more leanth bears, The saids Lords of their majesties privy Councill haveing Considered the above petition with a Certificat produced therwith Bearing that the petitioners did goe to Ireland and Cary over ther stocks of nolt and sheep with them to the number of Sixtie Cowes and oxen young and old each of them, And that the above John Eiglsham is yet liveing in Ireland and the above James Cochran is now in Scotland, Bot that his stock of nolt remaines still in Ireland, And being informed that Alexander Eiglsham in Thomastoune and John McCaula writter in Mayboill subscrivers of the said testificat are ready to make faith and depone upon the same as to the verity therof, and the saids Lords appointed a Comittie of their oun number to take the oathes of the saids two persones upon the verity of the Contents of the forsaid testificat Conforme wherunto the saids Alexander Eiglsham and John McCauly haveing Compeired in presence of the said Committie and haveing taken inspectione of the said testificat and heard the same read in presence of the said Lords and themselves They both being solemnly sworne and examined upon their great oathes Deponed and Declared that the hail contents of the said testificats are treuth and of verity and that the soume is duely subscribed by them as the oathes and depositiones of the saids two persones extant in proces bears And the saids Lords of their Majesties privy Councill haveing this day Considered the forsaids depositiones They heirby Allow the petitioners to bring back their stocks of Catle from Ireland to this kingdome to the number of sixtie Cowes and oxen young and old for each of the two petitioners, And that notwithstanding of the proclamation of Councill of this dayes date prohibiting the Import of Catle from Ireland in to this kingdome.

1. NRS, PC2/24, 369v-370r.

2. The word ‘respective’ scored out here.

1. NRS, PC2/24, 369v-370r.

2. The word ‘respective’ scored out here.

Act, 13 March 1694, Edinburgh

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Edinburgh the threteinth day of March Jaj vjc nyntie four years

D1694/3/191

Act

Act The heritors of the paroch of Migle:

Anent a Petition given in to the Lords of ther Majesties privy Councill be Thomas Nairne of Kirkhill for himself and in name and behalf of the rest of the heritors of the parish of Migle Shewing That quher ther is a very great necessitie of haveing ane high way (which may be passable in winter) Thorow the myres of the parichin of Migle being ane ordinary passadge to and from the toune of Dundie and Eliot, and parishins of Migle, Eliot, Newtyll Glenlaw, Strathairlie and severall others The want of which way hitherto stops Comerce among all these places, and has occasioned the Loss of many persones yearly being drowned ther And like wayes very prejudiciall to ther majesties forces who pass that way betwixt the said toune of Dundie and the North, and must be made thorow the Said Myre upon the March betwixt Kirkhill and Cairne in the Comuntie of Migle, And seing the said stipends of Migle Benochie and Kinloch are now vacant for the year Jaj vjc nyntie thrie and undisposed upon and are at the Disposall of the saids Lords and the Lords of thesaurie and Cannot be better applyed to such a necessary pious use within the parish, And Because these Stipends will not be Suficient for all the works It were Convenient that ther were a voluntar Contribution of the touns of Dundie and Eliot and parochins of Migle, Eliot, Newtyll, Glenlaw, Strathairlie and others abovementioned as being all concerned in it and being most willing to Contribut for the samen And that the said stipends and soumes of money to be Collected as said is, may be rightly applied to the said use and no part therof Imbazled for any privat use, It is necessar that the uplifting ingathering and disponeing therof for the said use be Comitted etc intrusted to some particular persone upon suficiant Caution for the manadging therof, And that all concerned are desyreous that the said trust may be Committed to Thomas Nairn of Kirkhill one of the principall heritors of the said parish of Migle, And Therfore Humbly Craveing the saids Lords to Grant a gift of the said years vaccand stipends for the use abovewritten and a warrand for the said voluntar Contributione for the same use with the saids Lords approbatione therof to the Lords of thesaurie for the stipends above mentioned, and that the saids Lords would Committ the trust and manadgment of both for the said use a forsaid unto the said Thomas Nairn of Kirkhill upon his finding suficient Caution as said is as the said petition bears. The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above Thomas Nairne for himself and in name and behalf of the rest of the heritors of Meigle They heirby allow a voluntar Collectione to be made at the Church doors of all the parishes within the Shyre of Angus and within the bounds of Gowrie and the Carss therof and the toune of Pearth for makeing a high way which may be passable in winter throw the myres of the parishin of Meigle upon Sabbath the nynth day of march Jaj vjc nyntie six nixt to come and appoints the saids Collectiones to be payed in to the above Thomas Nairne In Respect he hes given bond and found suficient Caution acted in the books of privy Councill that the Collectiones to be delivered in to him shall be applyed to the use forsaid And Recomends to the ministers of the severall parishes within the respective bounds forsaids to make intimatione publictly from their pulpits of this act upon the sabbath day Immediatly preceiding the day above appointed for makeing the saids Collections.

Edinburgh the threteinth day of March Jaj vjc nyntie four years

D1694/3/191

Act

Act The heritors of the paroch of Migle:

Anent a Petition given in to the Lords of ther Majesties privy Councill be Thomas Nairne of Kirkhill for himself and in name and behalf of the rest of the heritors of the parish of Migle Shewing That quher ther is a very great necessitie of haveing ane high way (which may be passable in winter) Thorow the myres of the parichin of Migle being ane ordinary passadge to and from the toune of Dundie and Eliot, and parishins of Migle, Eliot, Newtyll Glenlaw, Strathairlie and severall others The want of which way hitherto stops Comerce among all these places, and has occasioned the Loss of many persones yearly being drowned ther And like wayes very prejudiciall to ther majesties forces who pass that way betwixt the said toune of Dundie and the North, and must be made thorow the Said Myre upon the March betwixt Kirkhill and Cairne in the Comuntie of Migle, And seing the said stipends of Migle Benochie and Kinloch are now vacant for the year Jaj vjc nyntie thrie and undisposed upon and are at the Disposall of the saids Lords and the Lords of thesaurie and Cannot be better applyed to such a necessary pious use within the parish, And Because these Stipends will not be Suficient for all the works It were Convenient that ther were a voluntar Contribution of the touns of Dundie and Eliot and parochins of Migle, Eliot, Newtyll, Glenlaw, Strathairlie and others abovementioned as being all concerned in it and being most willing to Contribut for the samen And that the said stipends and soumes of money to be Collected as said is, may be rightly applied to the said use and no part therof Imbazled for any privat use, It is necessar that the uplifting ingathering and disponeing therof for the said use be Comitted etc intrusted to some particular persone upon suficiant Caution for the manadging therof, And that all concerned are desyreous that the said trust may be Committed to Thomas Nairn of Kirkhill one of the principall heritors of the said parish of Migle, And Therfore Humbly Craveing the saids Lords to Grant a gift of the said years vaccand stipends for the use abovewritten and a warrand for the said voluntar Contributione for the same use with the saids Lords approbatione therof to the Lords of thesaurie for the stipends above mentioned, and that the saids Lords would Committ the trust and manadgment of both for the said use a forsaid unto the said Thomas Nairn of Kirkhill upon his finding suficient Caution as said is as the said petition bears. The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above Thomas Nairne for himself and in name and behalf of the rest of the heritors of Meigle They heirby allow a voluntar Collectione to be made at the Church doors of all the parishes within the Shyre of Angus and within the bounds of Gowrie and the Carss therof and the toune of Pearth for makeing a high way which may be passable in winter throw the myres of the parishin of Meigle upon Sabbath the nynth day of march Jaj vjc nyntie six nixt to come and appoints the saids Collectiones to be payed in to the above Thomas Nairne In Respect he hes given bond and found suficient Caution acted in the books of privy Councill that the Collectiones to be delivered in to him shall be applyed to the use forsaid And Recomends to the ministers of the severall parishes within the respective bounds forsaids to make intimatione publictly from their pulpits of this act upon the sabbath day Immediatly preceiding the day above appointed for makeing the saids Collections.

1. NRS, PC2/24, 368v-369r.

1. NRS, PC2/24, 368v-369r.

Act, 13 March 1694, Edinburgh

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Edinburgh the threteinth day of March Jaj vjc nyntie four years

D1694/3/181

Act

Act The heritors of Badenoche

Anent a Petition given in to the Lords of their Majesties privy Councill be Duncan Mcphersone of Clunie, Lauchlan Mcintosh of Belnespick, Malcome Mcphersone of Breachacher John Mcpherson of Delradie, Thomas Mcphersone of Kilihuntly Alexander Mcphersone of Phonas Murdoch Mcphersone of Eteris, James Mcphersone of Belchreon John Mcphersone of Ardbrylach Paull Mcphersone of Pitchiren Lauchlan Mcphersone of Dellifour for themselves and in name and behalf of the remanent heritors of the Lordship of Badzenoch Shewing That albeit by the seventh act of the fourth session of this Current parliament The Estates of parliament in furder pursuance of ther dutie exprest in the act of parliament Jaj vjc nyntie three Intituled ane humble tender to his sacred majestie of the dutie and Loyaltie of his ancient kingdome of Scotland, Did offer to his majestie a present Levie of two thousand nyne hundred seventie one foot to be Levid from the severall shyres and burghes of this kingdome effeirand to proportiones and numbers sett doune in the forsaid act, And which proportion is therby regulat according to the valued rent of each shyre equally without distinction of Highlands or Lowlands And Albeit by a proclamation dated the twentie two of December last anent the saids new Levies, The Lords of their majesties privy Councill Doe Requyre the Commissioners of Supplie of everie shyre and stewartrie to meet time and places therinspecified with the heritors and to proportion and subdivyde the number and quota of men to be Levied out of ilk Shyre and Stewartrie mentioned in the late act of parliament upon the severall heritors equallie and proportionally, nevertheless the Commissioners of Suplie appointed for Elgine, Nairn and this syde of the Ness have proceided unequally contrare to the act of parliament and the saids Lords proclamatione In so farr as they have proportioned and appointed each Thousand merks within the Lordship of Badzenoch to outreick a man Wheras one thousand pund of valued rent apparteining to the Commissioners themselves and of land Lying about Inverness Elgine and Nairne Towards the seasyde is appointed to outreick a man Wherby it is evident that the petitioners are overburdeined by that generall method in a thrid part more then their equall number, And as a furder evidence of the inequalitie observed by the saids Commissioners They have appointed the Lordship of Badenoch (excepting therfrom the lands pertaineing to the Lairds of Mcintosh and Borluin) to outreik nyne men albeit the reall rent of all thes lands will not exceid Seven thousand merks which demonstrats the inequalitie and by quhich it is manifast that the petitioners and remanent heritors within the Lordships of Badzenoch are over burdeined very farr beyond their Just proportiones And Therfore humbly suplicating to the effect aftermentioned, The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above Duncein Mcpherson and others abovenamed for themselves and in name and behalf of the remanent heritors of the Lordship of Badzenoch, They heirby appoint the Commissioners of Supply within the Shyres of Elgine Nairne and this Syde of Ness againe to meet proceid and retifie what may be amiss in proportioneing the above Levies Upon the petitioners Conforme to the acts of parliament and acts proclamationes and orders of Councill made theranent as they will be answerable at their perrill.

Edinburgh the threteinth day of March Jaj vjc nyntie four years

D1694/3/181

Act

Act The heritors of Badenoche

Anent a Petition given in to the Lords of their Majesties privy Councill be Duncan Mcphersone of Clunie, Lauchlan Mcintosh of Belnespick, Malcome Mcphersone of Breachacher John Mcpherson of Delradie, Thomas Mcphersone of Kilihuntly Alexander Mcphersone of Phonas Murdoch Mcphersone of Eteris, James Mcphersone of Belchreon John Mcphersone of Ardbrylach Paull Mcphersone of Pitchiren Lauchlan Mcphersone of Dellifour for themselves and in name and behalf of the remanent heritors of the Lordship of Badzenoch Shewing That albeit by the seventh act of the fourth session of this Current parliament The Estates of parliament in furder pursuance of ther dutie exprest in the act of parliament Jaj vjc nyntie three Intituled ane humble tender to his sacred majestie of the dutie and Loyaltie of his ancient kingdome of Scotland, Did offer to his majestie a present Levie of two thousand nyne hundred seventie one foot to be Levid from the severall shyres and burghes of this kingdome effeirand to proportiones and numbers sett doune in the forsaid act, And which proportion is therby regulat according to the valued rent of each shyre equally without distinction of Highlands or Lowlands And Albeit by a proclamation dated the twentie two of December last anent the saids new Levies, The Lords of their majesties privy Councill Doe Requyre the Commissioners of Supplie of everie shyre and stewartrie to meet time and places therinspecified with the heritors and to proportion and subdivyde the number and quota of men to be Levied out of ilk Shyre and Stewartrie mentioned in the late act of parliament upon the severall heritors equallie and proportionally, nevertheless the Commissioners of Suplie appointed for Elgine, Nairn and this syde of the Ness have proceided unequally contrare to the act of parliament and the saids Lords proclamatione In so farr as they have proportioned and appointed each Thousand merks within the Lordship of Badzenoch to outreick a man Wheras one thousand pund of valued rent apparteining to the Commissioners themselves and of land Lying about Inverness Elgine and Nairne Towards the seasyde is appointed to outreick a man Wherby it is evident that the petitioners are overburdeined by that generall method in a thrid part more then their equall number, And as a furder evidence of the inequalitie observed by the saids Commissioners They have appointed the Lordship of Badenoch (excepting therfrom the lands pertaineing to the Lairds of Mcintosh and Borluin) to outreik nyne men albeit the reall rent of all thes lands will not exceid Seven thousand merks which demonstrats the inequalitie and by quhich it is manifast that the petitioners and remanent heritors within the Lordships of Badzenoch are over burdeined very farr beyond their Just proportiones And Therfore humbly suplicating to the effect aftermentioned, The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above Duncein Mcpherson and others abovenamed for themselves and in name and behalf of the remanent heritors of the Lordship of Badzenoch, They heirby appoint the Commissioners of Supply within the Shyres of Elgine Nairne and this Syde of Ness againe to meet proceid and retifie what may be amiss in proportioneing the above Levies Upon the petitioners Conforme to the acts of parliament and acts proclamationes and orders of Councill made theranent as they will be answerable at their perrill.

1. NRS, PC2/24, 367v-368r.

1. NRS, PC2/24, 367v-368r.

Sederunt, 13 March 1694, Edinburgh

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Edinburgh the threteinth day of March Jaj vjc nyntie four years1

D1694/3/172

Sederunt

Lord Chancelor; Earl of Melvill; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Leven; Earl of Anandale; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Raith; Lord Ross; Lord Beilhaven; Lord Polwarth; Lord Advocat; Lord Fountonhall; Lord Enstruther; Sir Thomas Livingstone

Edinburgh the threteinth day of March Jaj vjc nyntie four years1

D1694/3/172

Sederunt

Lord Chancelor; Earl of Melvill; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Leven; Earl of Anandale; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Raith; Lord Ross; Lord Beilhaven; Lord Polwarth; Lord Advocat; Lord Fountonhall; Lord Enstruther; Sir Thomas Livingstone

1. NRS, PC2/24, 367r.

2. NRS, PC2/24, 367r.

1. NRS, PC2/24, 367r.

2. NRS, PC2/24, 367r.

Act, 13 March 1694, Edinburgh

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Att Edinburgh the threttienth day of March Jaj vic nyntie four yeers Ante meridiem

A1694/3/241

Act

Liberation and Confynment The Earl of Home

Anent the petitione given in to the Lords of their Majesties privie Councill Be Charles Earle of Home Sheuing That wher the petitioner hes Continoued prisoner in the Castle of Edinburgh these Eight or nyne months bypast under many and great Inconveniencies and prejudice to his personall health to his family and privat affairs And that the petitioners Lady is brought to bed tuo months before the tyme and in great hazard of death and his tuo sons daingerously sick so as the worst is apprehended of them And particularly the eldest at the poynt of death all which uere nottorly knouen and appeared by a Certificat produced uith the said petition And may be motives to their Lordships in his case wher they happen togither alse well as in some others wher they have been seperat to obtaine the Liberty of some few weeks to be present with his wyfe and Children at his oune house till he see how God may dispose of them And he is Content to find sufficient Cautione aither to appear when called for in the Comone forme or to Enter himself prisoner at ane Certain day and in the mean tyme to Live peacably And if their Lordships find It necessary to Confyne him to his oune house with a Competent distance about it That he shall Lykewayes keep his Confynment under what penaltie their Lordships shall think fitt to appoint And therfore Humblie Craving to the effect underwryten as the said petitione bears The saids Lords of their Majesties privy Councill Having Considered the above petitione given in to them Be Charles Earle of Home with the testificat of a phisician mentioned therin and produced theruith Bearing his Lady to be under a medicinall dyet through sickness tho esteemed to be in her nynth month uith Chyld or neer to it And that four of her children are Indisposed wherof tuo are exceeding sick and one in extream hazard of his Life They Recommend to and requyre the Earle of Leven governour of the Castle of Edinburgh And in his absence Gives ordor and warrand to the deputy Governour or nixt Commanding officer ther to sett the petitioner at Libertie furth therof And the saids Lords doe heirby Confyne the said Earle of Home to his oune house of Hirsle and tuo mylles about the same on this syde of the river of Tueed And discharges him to goe uithout the bounds of his said Confynment In respect the said Earle before extracting heirof Hath Given bond and found sufficient Cautione acted in the books of privie Councill That he shall keep his said Confynment and not goe uithout the bounds of the same And that he shall reenter the Castle of Edinburgh betuixt and the fifteenth day of Apryle nixt to Come And that he shall Live peacably under and uith all submission to the present government of their Majesties King William and Queen Mary nor shall not Act Consult nor Contrive any thing In prejudice therof nor shall not Converss or Correspond uith any rebells And that he shall appear before the saids Lords of privie Councill at any tyme if called for betuixt and the said day under the penaltie of ane Thousand pounds sterline In case the said Earle shall transgress in any pairt of the premisses

Att Edinburgh the threttienth day of March Jaj vic nyntie four yeers Ante meridiem

A1694/3/241

Act

Liberation and Confynment The Earl of Home

Anent the petitione given in to the Lords of their Majesties privie Councill Be Charles Earle of Home Sheuing That wher the petitioner hes Continoued prisoner in the Castle of Edinburgh these Eight or nyne months bypast under many and great Inconveniencies and prejudice to his personall health to his family and privat affairs And that the petitioners Lady is brought to bed tuo months before the tyme and in great hazard of death and his tuo sons daingerously sick so as the worst is apprehended of them And particularly the eldest at the poynt of death all which uere nottorly knouen and appeared by a Certificat produced uith the said petition And may be motives to their Lordships in his case wher they happen togither alse well as in some others wher they have been seperat to obtaine the Liberty of some few weeks to be present with his wyfe and Children at his oune house till he see how God may dispose of them And he is Content to find sufficient Cautione aither to appear when called for in the Comone forme or to Enter himself prisoner at ane Certain day and in the mean tyme to Live peacably And if their Lordships find It necessary to Confyne him to his oune house with a Competent distance about it That he shall Lykewayes keep his Confynment under what penaltie their Lordships shall think fitt to appoint And therfore Humblie Craving to the effect underwryten as the said petitione bears The saids Lords of their Majesties privy Councill Having Considered the above petitione given in to them Be Charles Earle of Home with the testificat of a phisician mentioned therin and produced theruith Bearing his Lady to be under a medicinall dyet through sickness tho esteemed to be in her nynth month uith Chyld or neer to it And that four of her children are Indisposed wherof tuo are exceeding sick and one in extream hazard of his Life They Recommend to and requyre the Earle of Leven governour of the Castle of Edinburgh And in his absence Gives ordor and warrand to the deputy Governour or nixt Commanding officer ther to sett the petitioner at Libertie furth therof And the saids Lords doe heirby Confyne the said Earle of Home to his oune house of Hirsle and tuo mylles about the same on this syde of the river of Tueed And discharges him to goe uithout the bounds of his said Confynment In respect the said Earle before extracting heirof Hath Given bond and found sufficient Cautione acted in the books of privie Councill That he shall keep his said Confynment and not goe uithout the bounds of the same And that he shall reenter the Castle of Edinburgh betuixt and the fifteenth day of Apryle nixt to Come And that he shall Live peacably under and uith all submission to the present government of their Majesties King William and Queen Mary nor shall not Act Consult nor Contrive any thing In prejudice therof nor shall not Converss or Correspond uith any rebells And that he shall appear before the saids Lords of privie Councill at any tyme if called for betuixt and the said day under the penaltie of ane Thousand pounds sterline In case the said Earle shall transgress in any pairt of the premisses

1. NRS, PC1/49, 303-4.

1. NRS, PC1/49, 303-4.

Commission by the Council, 13 March 1694, Edinburgh

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Att Edinburgh the threttienth day of March Jaj vic nyntie four yeers Ante meridiem

A1694/3/231

Commission by the Council

Commissione Anent Cunynghame of Craigends

Anent the petitione given in to the Lords of their Majesties privy Councill Be William Cunynghame of Craigends Sheuing That wher for the petitioners part of the Divisione that fell to him of the new Levie In the shire of Renfrew He and his fractions had designed and secured tuo men viz Arthure Park and John Dugall both unmarried wanting wife and children and Living uithin the petitioners oune Bounds which tuo persons the petitioner brought to his oune house of Craigends to be keeped in custody till they should be delivered to the officer Impoured to receave them But notuithstanding that the petitioners procedure therin was regular and that he keeped them with all necessar Conveniencies yet by ane unprecedented boldnes and a very bad and pernicious example The persons in a List given in uith the said petitione Came upon the tuenty Eight of February in the open day and in a rabling and tumultuary manner uith a Great gathering and Convocation of both men and uomen To the Number of about sixtie and the men armed uith suords baginotts and other weapons and while the petitioner uas absent from home They forced his house and servants Breaking open the doors with Great violence And threatning his servants In case they should make the Leist resistance and so rescued and carryed away the saids tuo persons taken in Custody as said is Att Leist during the tyme that the Rable was deforming his house and breaking up his doors The saids tuo persons in Custody Gott Cords and theruith Lett themselves doune by the window and so made their escape The Rable so soon as they had gott into the roume wher the men were and finding them escaped Taking off the guaird they had sett at all the doors and so retiring and disperssing And seing the forsaid practice uas a most violent ryott and of most pernicious consequence as said is And that it deservs a summar and severe Cognition which Cannot be better performed Then by a Commission to be Given by the saids Lords to the persons given in in List produced with the said petition or any three of them It being Evident That to take any other methods to Conveen and punish them would be both out of seasone and Give the persons guiltie the opportunity of escaping and Therfore Craving to the effect underwryten as the said petitione Bears The saids Lords of their Majesties privie Councill Having Considered the above petitione They heirby authorize and Give full pouer warrand and Commission to John Earle of Glencairn William Lord Ross Mr. Frances Muntgomery of Giffen Sir John Maxuell of Pollock Sir John Shaw of Greenock Patrick Fleeming of Baruchen William Muir of Glanderstoune and John Craufurd shirreff depute of Renfrew or any three of them who are heirby declared to be a Quorum to take tryall off and to Cognosce Judge and determine upon the whole matter ryott and breach of peace mentioned In the said petition And In ordor therunto to meet at […] the […] day of […] nixt to come And ther to accept of this present Commission and nominat and appoint any able and sufficient persone for whom they shall be ansuerable to be their Clerk To whom they are to administrat the oath de fideli And with pouer to them or any one of them to Issue furth their precepts upon Lybells exhibite to them Against John Young shoemaker in Houstoune Alexander Houstoune weaver ther William Houstoune his prentice John Widdrow ther Uilliam and John Widdroues his sons Alexander Hendrie in Milne of Baruchen David Reid in Hillhead of Baruchen Robert Gibsone in Boghall Robert Nesmith in Milne of Boghall Mathew and William Nesmiths his sons Alexander Hendrie officer in Gosehill John Rodger in Corsshill of Robertoune Robert Miller in Barscobmiln Robert Dugall in Boghall and any other persons guiltie of, accessorie to or airt or pairt of the ryott abovementioned To Compear before the saids Commissioners or their said quorum day and place therin to be exprest upon a Citation of six dayes warning to be given by a shirreff in that part personallie or at their duelling houses and to Cite witnesses and take all other necessar probation by oath of partie or otherwayes for verifying the Complaint above mentioned And to hear all competent defences that shall be proponed for the defenders in the said matter And to advyse Judge upon and determine the samen as they shall find Just And for that effect to adjurne themselves from tyme to tyme to such places and dyetts as they shall think Meet And according as they shall find the above Complaint proven against all or any of the persones abovenamed or others therin concerned to pronunce sentence therin Against the persons guiltie therof viz That tuo of the ablest and most sufficient of them for their Majesties service for their Majesties service2 in his army in Flanders Be Immediatly taken out by the saids Commissioners and seased upon and transmitted from shire to shire under a sufficient guaird and delivered to the officer who should have receaved Arthur Park and John Dugall the tuo persons rescued in manner abovementioned And that the rest found guiltie of the said ryott who are fencible men be transmitted to the tolbooth of Edinburgh under a sufficient guaird Ther to remaine to be disposed off or punished in their persons and goods as the Lords of privy Council shall think fitt upon Considering the probation taken Against them which is heirby ordained to be transmitted to the Clerks of privie Councill And such others who shall be found guiltie of the forsaid ryott and are not fencible men To be otherwise punished in their persons and goods as the saids Commissioners or their said quorum shall think fitt And the Commanders of any of his Majesties troopes in that Country or the Governour or Commandant for the tyme of the Castle of Dumbartoune are requyred to Give their assistance for securing and transporting any of the persons that shall be found guiltie of the said ryott or for apprehending and Committing to prisone (upon warrand from the saids Commissioners or the saids quorum) any of the persones abovenamed who shall failzie to Compear before the saids Commissioners upon citation to be Given them In manner abovementioned And Generallie with full pouer to the saids Commissioners or their said quorum to Act doe and performe all and sundrie things necessar and Competent to be done and performed for the exact and punctuall executione of this present Commissione and trust heirby reposed upon them And to returne a full extract of all their proceedings to the Clerks of privie Councill upon determining the said affair Sic subscribitur Tueeddal cancel: Melvill P: s Southerland Cassillis Linlithgow Leven Annandall Forfar Kintoir Viscount Tarbat Raith Beilhaven Poluarth John Lauder

Att Edinburgh the threttienth day of March Jaj vic nyntie four yeers Ante meridiem

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Commission by the Council

Commissione Anent Cunynghame of Craigends

Anent the petitione given in to the Lords of their Majesties privy Councill Be William Cunynghame of Craigends Sheuing That wher for the petitioners part of the Divisione that fell to him of the new Levie In the shire of Renfrew He and his fractions had designed and secured tuo men viz Arthure Park and John Dugall both unmarried wanting wife and children and Living uithin the petitioners oune Bounds which tuo persons the petitioner brought to his oune house of Craigends to be keeped in custody till they should be delivered to the officer Impoured to receave them But notuithstanding that the petitioners procedure therin was regular and that he keeped them with all necessar Conveniencies yet by ane unprecedented boldnes and a very bad and pernicious example The persons in a List given in uith the said petitione Came upon the tuenty Eight of February in the open day and in a rabling and tumultuary manner uith a Great gathering and Convocation of both men and uomen To the Number of about sixtie and the men armed uith suords baginotts and other weapons and while the petitioner uas absent from home They forced his house and servants Breaking open the doors with Great violence And threatning his servants In case they should make the Leist resistance and so rescued and carryed away the saids tuo persons taken in Custody as said is Att Leist during the tyme that the Rable was deforming his house and breaking up his doors The saids tuo persons in Custody Gott Cords and theruith Lett themselves doune by the window and so made their escape The Rable so soon as they had gott into the roume wher the men were and finding them escaped Taking off the guaird they had sett at all the doors and so retiring and disperssing And seing the forsaid practice uas a most violent ryott and of most pernicious consequence as said is And that it deservs a summar and severe Cognition which Cannot be better performed Then by a Commission to be Given by the saids Lords to the persons given in in List produced with the said petition or any three of them It being Evident That to take any other methods to Conveen and punish them would be both out of seasone and Give the persons guiltie the opportunity of escaping and Therfore Craving to the effect underwryten as the said petitione Bears The saids Lords of their Majesties privie Councill Having Considered the above petitione They heirby authorize and Give full pouer warrand and Commission to John Earle of Glencairn William Lord Ross Mr. Frances Muntgomery of Giffen Sir John Maxuell of Pollock Sir John Shaw of Greenock Patrick Fleeming of Baruchen William Muir of Glanderstoune and John Craufurd shirreff depute of Renfrew or any three of them who are heirby declared to be a Quorum to take tryall off and to Cognosce Judge and determine upon the whole matter ryott and breach of peace mentioned In the said petition And In ordor therunto to meet at […] the […] day of […] nixt to come And ther to accept of this present Commission and nominat and appoint any able and sufficient persone for whom they shall be ansuerable to be their Clerk To whom they are to administrat the oath de fideli And with pouer to them or any one of them to Issue furth their precepts upon Lybells exhibite to them Against John Young shoemaker in Houstoune Alexander Houstoune weaver ther William Houstoune his prentice John Widdrow ther Uilliam and John Widdroues his sons Alexander Hendrie in Milne of Baruchen David Reid in Hillhead of Baruchen Robert Gibsone in Boghall Robert Nesmith in Milne of Boghall Mathew and William Nesmiths his sons Alexander Hendrie officer in Gosehill John Rodger in Corsshill of Robertoune Robert Miller in Barscobmiln Robert Dugall in Boghall and any other persons guiltie of, accessorie to or airt or pairt of the ryott abovementioned To Compear before the saids Commissioners or their said quorum day and place therin to be exprest upon a Citation of six dayes warning to be given by a shirreff in that part personallie or at their duelling houses and to Cite witnesses and take all other necessar probation by oath of partie or otherwayes for verifying the Complaint above mentioned And to hear all competent defences that shall be proponed for the defenders in the said matter And to advyse Judge upon and determine the samen as they shall find Just And for that effect to adjurne themselves from tyme to tyme to such places and dyetts as they shall think Meet And according as they shall find the above Complaint proven against all or any of the persones abovenamed or others therin concerned to pronunce sentence therin Against the persons guiltie therof viz That tuo of the ablest and most sufficient of them for their Majesties service for their Majesties service2 in his army in Flanders Be Immediatly taken out by the saids Commissioners and seased upon and transmitted from shire to shire under a sufficient guaird and delivered to the officer who should have receaved Arthur Park and John Dugall the tuo persons rescued in manner abovementioned And that the rest found guiltie of the said ryott who are fencible men be transmitted to the tolbooth of Edinburgh under a sufficient guaird Ther to remaine to be disposed off or punished in their persons and goods as the Lords of privy Council shall think fitt upon Considering the probation taken Against them which is heirby ordained to be transmitted to the Clerks of privie Councill And such others who shall be found guiltie of the forsaid ryott and are not fencible men To be otherwise punished in their persons and goods as the saids Commissioners or their said quorum shall think fitt And the Commanders of any of his Majesties troopes in that Country or the Governour or Commandant for the tyme of the Castle of Dumbartoune are requyred to Give their assistance for securing and transporting any of the persons that shall be found guiltie of the said ryott or for apprehending and Committing to prisone (upon warrand from the saids Commissioners or the saids quorum) any of the persones abovenamed who shall failzie to Compear before the saids Commissioners upon citation to be Given them In manner abovementioned And Generallie with full pouer to the saids Commissioners or their said quorum to Act doe and performe all and sundrie things necessar and Competent to be done and performed for the exact and punctuall executione of this present Commissione and trust heirby reposed upon them And to returne a full extract of all their proceedings to the Clerks of privie Councill upon determining the said affair Sic subscribitur Tueeddal cancel: Melvill P: s Southerland Cassillis Linlithgow Leven Annandall Forfar Kintoir Viscount Tarbat Raith Beilhaven Poluarth John Lauder

1. NRS, PC1/49, 300-3.

2. Sic.

1. NRS, PC1/49, 300-3.

2. Sic.

Proclamation, 13 March 1694, Edinburgh

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Proclamation

Proclamation for Delyvering the men in the shyres aftermentioned

William and Mary By the Grace of god King and Queen of great Brittaine France and Ireland defenders of the faith To […] Macers of our privy Councill messengers at arms our shirreffs in that part conjunctlly and severally speciallie Constitut Greeting Forasmuch as we by our proclamation of the date the tuenty second day of December last by past with advyce of the Lords of our privy Councill Did Requyre and Command the heretors and others mentioned in the seventh Act of the fourth session of this our Current parliament to be readie to delyver their proportiones of men for the Levy appointed by the said Act to the officers Commissioned by us and that upon four dayes warning at such places in the severall shires and steuartries of this kingdome as the Lords of our privie Councill should by their ordors appoint Therfore we with advyce of the Lords of our privy Councill Requyre and Command the heretors and others Lyable to furnish any persons of men to the said Levy appointed by the Act forsaid uithin the shyres burghs or steuartries aftermentioned To have their severall proportiones of the whole Levies ready and in good case to be delivered and to deliver the same to the officers who shall be sent by ordor of our privie Councill or of Sir Thomas Livingstoune Commander in cheiff of our forces uithin this kingdome To receave them at the head burghs of the respective shires underwryten viz The toune and shyre of Edinburgh The shire of Haddingtoune The shires of Berwick Selkirk Peebles Lanerk Linlithgow Fife and Kinross and the shire of Perth upon the tuenty second day of March current And the shires of Roxburgh Stirling and Clackmannan upon the tuenty third day of the said month And we uith advyce forsaid Requyre the said Sir Thomas Livingstoune Immediatly to dispatch and send the officers of the tuo Regiments of the new Levies who are to remaine uithin this Kingdome to the shires and Bounds before and after mentioned To receave at the head burghs therof the proportiones mentioned in the Act of parliament wherin the saids respective shires and Burghs are Lyable and to bring them to such places of Rendivouz as the said Commander in Cheiff shall appoint viz The officers of Collonell Sir William Douglass his regiment to the toune of Edinburgh Leith and Cannongate for ane hundreth and nynteen Men To the shire of Edinburgh for ane hundred and Nynteen men To the shire of Beruick for ane hundred and nynteen men To the shire of Haddingtoune for ane hundred and nynteen men To the shires of Roxburgh and Selkirk for ane Hundred and nyntie Eight men To the shires of Stirling and Clackmannan for ane hundred men Extending all the men to be receaved and brought togither by the officers of Collonell Sir William Douglass his regiment to seven hundreth and seventie four men Item The officers of Collonell Robert Mckay his regiment to Linlithgow for fiftie men To Lanerk for ane hundred and fourtie nyne men To Fife and Kinross for tuo hundred and threttie Eight men and to Perth for tuo hundred and threttie Eight men Extending all the men to be receaved and brought togither by the officers of Collonell Robert Mckay his regiment to seven hundred and seventy five men And that the heretors and others Lyable in the outreik of the said Levie proceed therin Conforme to the printed Instructiones already emitted and published theranent And ue with advyce forsaid authorize and appoint the severall Lords of our privie Councill afternamed to Judge and determine upon all defferences and debates that may arrise betuixt the Commissioners of the severall shyres and officers anent the sufficiency or Insufficiency of the men to be outreiked for this present Levie viz The Earle of Annandale for the shires of Roxburgh and Selkirk The Lord Poluarth for the shyre of Berwick The Lord Viscount of Tarbat and Sir John Lauder of Funtainhall for the shire of Edinburgh The Lord Beilhaven and Sir Robert Sinclar of Stevensone for the shire of Haddingtoune Sir John Lauder of 2 Hattoune for the shire of Peebles The Earle of Linlithgow for the shire of Linlithgou The Earls of Southerland and Forfar for the toune of Edinburgh Leith and Cannongate Mr. Frances Muntgomery and Sir John Maxuell for the shire of Lanerk The Earle of Melvill Lord privie seall and the Earle of Leven for the shires of Fife and Kinross The Earle of Linlithgow for the shires of Stirling and Clackmannan and the Earle of Strathmore for the shire of Perth And to the effect our pleasure may be knouen in the premisses Our will is heirfore And ue Charge yow strictly and Command That Incontinent these our Letters seen ye pass to the mercat Cross of Edinburgh and mercat crosses of the head burghs of the severall shires abovementioned and other places needfull And ther in our name and authority be open proclamatione make publication of the premisses That none may pretend ignorance And ordaines these presents to be printed that none may pretend Ignorance Given under our signet at Edinburgh the threttienth day of March and of our reigne the fifth year 1694 sic subscribitur ut sederunt

Att Edinburgh the threttienth day of March Jaj vic nyntie four yeers Ante meridiem

A1694/3/221

Proclamation

Proclamation for Delyvering the men in the shyres aftermentioned

William and Mary By the Grace of god King and Queen of great Brittaine France and Ireland defenders of the faith To […] Macers of our privy Councill messengers at arms our shirreffs in that part conjunctlly and severally speciallie Constitut Greeting Forasmuch as we by our proclamation of the date the tuenty second day of December last by past with advyce of the Lords of our privy Councill Did Requyre and Command the heretors and others mentioned in the seventh Act of the fourth session of this our Current parliament to be readie to delyver their proportiones of men for the Levy appointed by the said Act to the officers Commissioned by us and that upon four dayes warning at such places in the severall shires and steuartries of this kingdome as the Lords of our privie Councill should by their ordors appoint Therfore we with advyce of the Lords of our privy Councill Requyre and Command the heretors and others Lyable to furnish any persons of men to the said Levy appointed by the Act forsaid uithin the shyres burghs or steuartries aftermentioned To have their severall proportiones of the whole Levies ready and in good case to be delivered and to deliver the same to the officers who shall be sent by ordor of our privie Councill or of Sir Thomas Livingstoune Commander in cheiff of our forces uithin this kingdome To receave them at the head burghs of the respective shires underwryten viz The toune and shyre of Edinburgh The shire of Haddingtoune The shires of Berwick Selkirk Peebles Lanerk Linlithgow Fife and Kinross and the shire of Perth upon the tuenty second day of March current And the shires of Roxburgh Stirling and Clackmannan upon the tuenty third day of the said month And we uith advyce forsaid Requyre the said Sir Thomas Livingstoune Immediatly to dispatch and send the officers of the tuo Regiments of the new Levies who are to remaine uithin this Kingdome to the shires and Bounds before and after mentioned To receave at the head burghs therof the proportiones mentioned in the Act of parliament wherin the saids respective shires and Burghs are Lyable and to bring them to such places of Rendivouz as the said Commander in Cheiff shall appoint viz The officers of Collonell Sir William Douglass his regiment to the toune of Edinburgh Leith and Cannongate for ane hundreth and nynteen Men To the shire of Edinburgh for ane hundred and Nynteen men To the shire of Beruick for ane hundred and nynteen men To the shire of Haddingtoune for ane hundred and nynteen men To the shires of Roxburgh and Selkirk for ane Hundred and nyntie Eight men To the shires of Stirling and Clackmannan for ane hundred men Extending all the men to be receaved and brought togither by the officers of Collonell Sir William Douglass his regiment to seven hundreth and seventie four men Item The officers of Collonell Robert Mckay his regiment to Linlithgow for fiftie men To Lanerk for ane hundred and fourtie nyne men To Fife and Kinross for tuo hundred and threttie Eight men and to Perth for tuo hundred and threttie Eight men Extending all the men to be receaved and brought togither by the officers of Collonell Robert Mckay his regiment to seven hundred and seventy five men And that the heretors and others Lyable in the outreik of the said Levie proceed therin Conforme to the printed Instructiones already emitted and published theranent And ue with advyce forsaid authorize and appoint the severall Lords of our privie Councill afternamed to Judge and determine upon all defferences and debates that may arrise betuixt the Commissioners of the severall shyres and officers anent the sufficiency or Insufficiency of the men to be outreiked for this present Levie viz The Earle of Annandale for the shires of Roxburgh and Selkirk The Lord Poluarth for the shyre of Berwick The Lord Viscount of Tarbat and Sir John Lauder of Funtainhall for the shire of Edinburgh The Lord Beilhaven and Sir Robert Sinclar of Stevensone for the shire of Haddingtoune Sir John Lauder of 2 Hattoune for the shire of Peebles The Earle of Linlithgow for the shire of Linlithgou The Earls of Southerland and Forfar for the toune of Edinburgh Leith and Cannongate Mr. Frances Muntgomery and Sir John Maxuell for the shire of Lanerk The Earle of Melvill Lord privie seall and the Earle of Leven for the shires of Fife and Kinross The Earle of Linlithgow for the shires of Stirling and Clackmannan and the Earle of Strathmore for the shire of Perth And to the effect our pleasure may be knouen in the premisses Our will is heirfore And ue Charge yow strictly and Command That Incontinent these our Letters seen ye pass to the mercat Cross of Edinburgh and mercat crosses of the head burghs of the severall shires abovementioned and other places needfull And ther in our name and authority be open proclamatione make publication of the premisses That none may pretend ignorance And ordaines these presents to be printed that none may pretend Ignorance Given under our signet at Edinburgh the threttienth day of March and of our reigne the fifth year 1694 sic subscribitur ut sederunt

1. NRS, PC1/49, 299-300.

2. The word ‘Funtainhall’ scored out here.

1. NRS, PC1/49, 299-300.

2. The word ‘Funtainhall’ scored out here.

Sederunt, 13 March 1694, Edinburgh

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Att Edinburgh the threttienth day of March Jaj vic nyntie four yeers Ante meridiem1

A1694/3/212

Sederunt

Lord Chancelor; Earl of Melvill ps; Earl of Southerland; Earl of Cassillis; Earl of Linlithgow; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Raith; Lord Ross; Lord Beilhaven; Lord Poluarth; Lord Advocat; Lord Funtainhal; Lord Anstruther; Sir Thomas Livingstoun

Att Edinburgh the threttienth day of March Jaj vic nyntie four yeers Ante meridiem1

A1694/3/212

Sederunt

Lord Chancelor; Earl of Melvill ps; Earl of Southerland; Earl of Cassillis; Earl of Linlithgow; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Raith; Lord Ross; Lord Beilhaven; Lord Poluarth; Lord Advocat; Lord Funtainhal; Lord Anstruther; Sir Thomas Livingstoun

1. NRS, PC1/49, 298.

2. NRS, PC1/49, 298.

1. NRS, PC1/49, 298.

2. NRS, PC1/49, 298.