Act, 14 February 1695, Edinburgh

Edinburgh Thursday 14th February 1695

D1695/2/151

Act

2Act and Recomendation Stewart of Bigtoune

Anent the petition given in to the Lords of his Majesties privy Councill be Charles Stewart of Bigtoune for himself and oprest heritors of Zetland Shewing That quher the3 saids Lords hade ordained the Stewart of Orkney to sumond the Commissioners of Zetland who have exacted upon the poor Island of Zetland these eight years bygone the double of what have been Imposed by act of parliament To answer againe the thrid Councill day of June and have superceiding the Consideration of the petitioners expensses that he acclaimed from ther Collector Mitchell who hade detained the petitioner more then this twelue moneth after Certificatione past against him till that day, He humbly represents to the saids Lords primo That since it is a matter of publict concerne to free a poor Countrey from oppressione and that their Lordships have ordered the Stewart to cite the persones That they would also order his Majesties advocat to prosecute the affair and allow him to give such instructiones and directions to the stewart as that the persons necessary may be cited and all other things done that may bring the matter to a full and fair tryall It being in effect Impossible for the petitioner to prosecute it any furder unles the saids Lords authority be interposed in this maner Secundo that the saids Lords would be pleased to Declare that Mitchell the Collector whose proces is still resting depending is to be understood as sumoned apud acta to the forsaid day, And Tertio That ther Lordships would Impower his Majesties Advocat to Cause inspect or exhibit the books of the said Commissioners and to doe what else might be necesary for discovering the great abusses that hath been Comitted upon the forsaid Island Quarto That for preventing the like heirafter The saids Lords would be pleased to Declair that all heritors within the Island qualified according to Law are and may sitt and act as Commissioners of Supply and Lastly that the saids Lords would be pleased to Lay ther Comands peremptorly upon the Stewart under such Certificatione as the saids Lords should think needfull That ane affairs of so great Importance might not be longer neglected And Therfore Craveing the saids Lords Gracious in the premisses as the petitione bears The Lords of his Majesties privy Councill having Considered this petition given in to them be the above Charles Stewart They hereby Recomend to Sir James Stewart his majesties advocat to prosecute the above affair and to give such instructiones and directiones to the stewart as that the persones necessary may be cited and all other things done that may bring the matter to a fair and full tryall And Declairs that the above Mr John Mitchell whose proces is still left depending is to be understood as sumoned apud acta to the above day, And Impowers the said Lord Advocat To Cause inspect or exhibit the books of the above Commissioners and to doe what else may be necessary for discovering the great abusses that hath been Comitted upon the above Island, and the saids Lords allowes the names of such heritors in the said Island as are qualified to be given in to the said Stewart of Orkney, and by him returned to the saids Lords of privy Councill who will authorize them to be Commissioners as they shall see Cause, and ordaines the Stewart to be carefull in executing his part of the premisses.

Edinburgh Thursday 14th February 1695

D1695/2/151

Act

2Act and Recomendation Stewart of Bigtoune

Anent the petition given in to the Lords of his Majesties privy Councill be Charles Stewart of Bigtoune for himself and oprest heritors of Zetland Shewing That quher the3 saids Lords hade ordained the Stewart of Orkney to sumond the Commissioners of Zetland who have exacted upon the poor Island of Zetland these eight years bygone the double of what have been Imposed by act of parliament To answer againe the thrid Councill day of June and have superceiding the Consideration of the petitioners expensses that he acclaimed from ther Collector Mitchell who hade detained the petitioner more then this twelue moneth after Certificatione past against him till that day, He humbly represents to the saids Lords primo That since it is a matter of publict concerne to free a poor Countrey from oppressione and that their Lordships have ordered the Stewart to cite the persones That they would also order his Majesties advocat to prosecute the affair and allow him to give such instructiones and directions to the stewart as that the persons necessary may be cited and all other things done that may bring the matter to a full and fair tryall It being in effect Impossible for the petitioner to prosecute it any furder unles the saids Lords authority be interposed in this maner Secundo that the saids Lords would be pleased to Declare that Mitchell the Collector whose proces is still resting depending is to be understood as sumoned apud acta to the forsaid day, And Tertio That ther Lordships would Impower his Majesties Advocat to Cause inspect or exhibit the books of the said Commissioners and to doe what else might be necesary for discovering the great abusses that hath been Comitted upon the forsaid Island Quarto That for preventing the like heirafter The saids Lords would be pleased to Declair that all heritors within the Island qualified according to Law are and may sitt and act as Commissioners of Supply and Lastly that the saids Lords would be pleased to Lay ther Comands peremptorly upon the Stewart under such Certificatione as the saids Lords should think needfull That ane affairs of so great Importance might not be longer neglected And Therfore Craveing the saids Lords Gracious in the premisses as the petitione bears The Lords of his Majesties privy Councill having Considered this petition given in to them be the above Charles Stewart They hereby Recomend to Sir James Stewart his majesties advocat to prosecute the above affair and to give such instructiones and directiones to the stewart as that the persones necessary may be cited and all other things done that may bring the matter to a fair and full tryall And Declairs that the above Mr John Mitchell whose proces is still left depending is to be understood as sumoned apud acta to the above day, And Impowers the said Lord Advocat To Cause inspect or exhibit the books of the above Commissioners and to doe what else may be necessary for discovering the great abusses that hath been Comitted upon the above Island, and the saids Lords allowes the names of such heritors in the said Island as are qualified to be given in to the said Stewart of Orkney, and by him returned to the saids Lords of privy Councill who will authorize them to be Commissioners as they shall see Cause, and ordaines the Stewart to be carefull in executing his part of the premisses.

1. NRS, PC2/25, 180v-181r.

2. Marginal note: ‘200′.

3. The word ‘petitioner’ scored out here.

1. NRS, PC2/25, 180v-181r.

2. Marginal note: ‘200′.

3. The word ‘petitioner’ scored out here.

Order, 14 February 1695, Edinburgh

Edinburgh Thursday 14th February 1695

D1695/2/141

Order

Recomendation to the thesaury John Simervell

Anent the petition given in to the Lords of his Majesties privy Councill be John Simervell late one of the Serjants in Coll James Maitland his regiment of foot in Flanders Shewing That wher the petitioner haveing these twentie thrie years served under the Crown of Great Brittane Fyve quherof as a Serjant in the said Collonoll James Maitland his regiment of foot in their majesties service King William and Queen Mary and now being griviously wounded in the service and therby become altogither infirme as the Coll his Discharge produced bears And seing the petitioner since his returne to his native Countrey is redacted to the extreamity of want and poverty and not able for the present to doe for himself And Therfore begging the saids Lords for the favor of the almighty God would be leased to Consider the petitioners said and distressed Conditione, and not only Recomend him to the Lords Commissioner of his majesties thesaury for ane Constant supply dureing his infirmity, But also in the mean time allow him some Consideratione for his present necessity to keep him from sterving, seing when Recovered he is most willing to serve ther majesties either at home or abroad in what statione the saids Lords pleased as the petitione bears The Lords of their Majesties privy Councill Haveing Considered this petitione given in to them be the above John Simervell They heirby Recommend to the Lords Commissioners of his majesties thesaury, To allow to the petitioner such Charity as they shall find his necessitous Condition does requyre, and to Cause inroll him among the number of the Invalids if he be qualified for that effect.

Edinburgh Thursday 14th February 1695

D1695/2/141

Order

Recomendation to the thesaury John Simervell

Anent the petition given in to the Lords of his Majesties privy Councill be John Simervell late one of the Serjants in Coll James Maitland his regiment of foot in Flanders Shewing That wher the petitioner haveing these twentie thrie years served under the Crown of Great Brittane Fyve quherof as a Serjant in the said Collonoll James Maitland his regiment of foot in their majesties service King William and Queen Mary and now being griviously wounded in the service and therby become altogither infirme as the Coll his Discharge produced bears And seing the petitioner since his returne to his native Countrey is redacted to the extreamity of want and poverty and not able for the present to doe for himself And Therfore begging the saids Lords for the favor of the almighty God would be leased to Consider the petitioners said and distressed Conditione, and not only Recomend him to the Lords Commissioner of his majesties thesaury for ane Constant supply dureing his infirmity, But also in the mean time allow him some Consideratione for his present necessity to keep him from sterving, seing when Recovered he is most willing to serve ther majesties either at home or abroad in what statione the saids Lords pleased as the petitione bears The Lords of their Majesties privy Councill Haveing Considered this petitione given in to them be the above John Simervell They heirby Recommend to the Lords Commissioners of his majesties thesaury, To allow to the petitioner such Charity as they shall find his necessitous Condition does requyre, and to Cause inroll him among the number of the Invalids if he be qualified for that effect.

1. NRS, PC2/25, 180r.

1. NRS, PC2/25, 180r.

Act, 14 February 1695, Edinburgh

Edinburgh Thursday 14th February 1695

D1695/2/131

Act

Act Discharging Suspensions sist or stop to debtors of the Commissioners for the peace of the Highlands

Anent a Representatione given in to the Lords of his Majesties privy Councill be the Lord Murray at the desyre of the Commissioners of Justiciary for secureing the peace of the Highlands Shewing That ther being a decreet pronunced by the saids Commissioners upon the Twentie fourth day of november Last In favors of Alexander Robertsone in Anlich and Hary Christiesone procurator phiscall against Malcome Mcphersone and Lauchlane Mcintosh in Badenoch for Goods stollen by them ther Servants or others of theer hounding out who not Compeiring (tho Lawfullie cited) The Commissioners Decerned in absence Conforme to their former practise nevertheless Did superceid extracting till the Eight of January therafter being the nixt Court day and incase the defenders should then Compeir they should be heard upon their defences without payment of any expences yet Nothwithstanding the defenders did apply to the saids Lords befor the said Court day and upon some made up reasones and Misinformations prevailled for a sist for a Considerable time But they were so Conscious to themselves of their being guilty and that ther misinformations would be discovered, That they Importuned the pursuers to ane agreement and Gave them a blank bond to fill up what soume they pleased Which Gave Ground to the saids Commissioners of Justiciary Humbly to desyre the saids Lords would be pleased not to Grant any sist or stopt Except those who apply therfore produce before the saids Lords ane extract of the Commissioners sentance under the Clerks hand and to allow the saids Commissioners or any two of the sederunt who pronunced the Decreet to see and answer any such Complaint which may heirafter be given in to the saids Lords Wherby they humbly Conceaved ther proceidings would be Justified and the saids Lords not troubled except upon Just and relevant grounds as the said representatione more fully bears The Lords of his majesties privy Councill haveing Considered this representatione given in to them be the above Lord Murray They hereby Discharge any suspensione sist or stopts to be given to the Decreets or sentances pronunced be the saids Commissioners, Except these who apply therfore produce the extract of the Decreet or Sentance under the saids Commissioners Clerks hands or ane instrument under a nottars hand, Bearing that they Requyred the extract from the Clerk and that the Clerk refused to give the same And Recomends to the saids Commissioners to Cause ther Clerk give extracts of the saids sentances or Decreets and alsoe of the minuts of proces if the sam shall be requyred.

Edinburgh Thursday 14th February 1695

D1695/2/131

Act

Act Discharging Suspensions sist or stop to debtors of the Commissioners for the peace of the Highlands

Anent a Representatione given in to the Lords of his Majesties privy Councill be the Lord Murray at the desyre of the Commissioners of Justiciary for secureing the peace of the Highlands Shewing That ther being a decreet pronunced by the saids Commissioners upon the Twentie fourth day of november Last In favors of Alexander Robertsone in Anlich and Hary Christiesone procurator phiscall against Malcome Mcphersone and Lauchlane Mcintosh in Badenoch for Goods stollen by them ther Servants or others of theer hounding out who not Compeiring (tho Lawfullie cited) The Commissioners Decerned in absence Conforme to their former practise nevertheless Did superceid extracting till the Eight of January therafter being the nixt Court day and incase the defenders should then Compeir they should be heard upon their defences without payment of any expences yet Nothwithstanding the defenders did apply to the saids Lords befor the said Court day and upon some made up reasones and Misinformations prevailled for a sist for a Considerable time But they were so Conscious to themselves of their being guilty and that ther misinformations would be discovered, That they Importuned the pursuers to ane agreement and Gave them a blank bond to fill up what soume they pleased Which Gave Ground to the saids Commissioners of Justiciary Humbly to desyre the saids Lords would be pleased not to Grant any sist or stopt Except those who apply therfore produce before the saids Lords ane extract of the Commissioners sentance under the Clerks hand and to allow the saids Commissioners or any two of the sederunt who pronunced the Decreet to see and answer any such Complaint which may heirafter be given in to the saids Lords Wherby they humbly Conceaved ther proceidings would be Justified and the saids Lords not troubled except upon Just and relevant grounds as the said representatione more fully bears The Lords of his majesties privy Councill haveing Considered this representatione given in to them be the above Lord Murray They hereby Discharge any suspensione sist or stopts to be given to the Decreets or sentances pronunced be the saids Commissioners, Except these who apply therfore produce the extract of the Decreet or Sentance under the saids Commissioners Clerks hands or ane instrument under a nottars hand, Bearing that they Requyred the extract from the Clerk and that the Clerk refused to give the same And Recomends to the saids Commissioners to Cause ther Clerk give extracts of the saids sentances or Decreets and alsoe of the minuts of proces if the sam shall be requyred.

1. NRS, PC2/25, 179r-179v.

1. NRS, PC2/25, 179r-179v.

Order, 14 February 1695, Edinburgh

Edinburgh Thursday 14th February 1695

D1695/2/121

Order

Recomendatione Pittarro and his Lady and tenents anent accompts

The Lords of his Majesties privy Councill haveing Considered the report of a Comittie of their oun number appointed for reviseing the accompts resting by his majesties forces to the Countrey Bearing that the Committie haveing Considered the accompt given in to them as resting be his majesties forces to Sir David Carnegie of Pittarrow and the viscountes Dowager of Arbuthnot his Lady and ther tenants and servants with the instructiones and verificationes therof, They Find that ther are some of the articles of the saids accompts not in the termes of the act of parliament anent the polemoney and proclamations of Councill relative therto, And Therfore they have Refused and rejected these articles, And Finds it sufficiently verified and proven either be recepts under the hands of the Souldiers to whom the saids accompts were furnished or be the oathes and depositiones of the parties furnishers taken before two of the Commissioners of Supply within the shyre of Kincardine Conforme to the Commissioners reports one the ends of the saids accompts all which accompts recepts and reports were produced to and Considered be the Comittie That be sides the articles refused and rejected as said is ther is yet resting to the said Sir David Carnegie and his said Lady and ther tennents and servants be his majesties forces upon scots pay the soumes following Viz be the Master of Polwarth his troope of horss the Soume of Threttie Seven punds Eightein shilling two penies Item be the deceast Lord Cardross his regiment of Dragoons the soume of ane hundreth and Fourscore pends sixtein shilling seven penies scots Item by the Lord Beilhaven his troop of horss two punds scots Item by Captain Mckay’s Independant Company four punds scots Item by the Lord Rollo his troop of horss five punds threttein shilling Item by the Laird of Grants regiment of foot one punds Scots Item by the deceast Earle of Marrs regiment of foot Eight punds thrie shilling scots Item by Coll Richard Cuninghame his regiment of foot two pounds Eightein shilling scots Item by the Lord Elphingstoune his troope of horss Fourtein punds sixtein shilling four penies scots Item by Major Stewarts troope Eight shilling Scots Item by the Earle of Annandales troope four punds scots Extending the haill soumes forsaids resting by his majesties forces upon scots pay to the soume of Two hundreth and sixtie one punds thretein shilling one pennie scots and the Committie Finds that the haill articles of the said accompt quherof of the said soume is made up were all furnished preceiding the first day of February Jaj vjc nyntie one years, and that they are all in the termes of the nynth act fourth session of this Current parliament Intituled act for pole money and also of the proclamationes of councill relative therto, and Therfore the Comittie are of opinion that the said soume of two hundreth sixtie one punds thretein shilling one peny scots is to be payed out of the said polemoney and that the said Sir David Carnegie his Lady tenents and servants are to be recomended to the Lords Commissioners of his majesties thesaury for payment of the same accordingly and Finds It suficiently verified and proven in maner forsaid that ther is resting be his majesties forces not upon scots pay to the said Sir David Carnegie and his Lady and ther tenants and servants, The Soumes following Viz By Coll Lauders regiment six punds sixtein shilling Item by Coll Ramsay his regiment the Soume of Twentie two punds seven shilling two penies scots Item by Major Generall Mckay his regiment five punds fiftein shilling scots Item by the Danish regiment five punds four shilling scots, Item by Sir James Lesslies regiment Eightein punds sixtein shilling four penies scots, Item by […] Balverage his regiment six punds scots Extending the haill Soumes forsaids resting by his Majesties forces not upon scots pay to the Soume of sixtie four punds Eightein shilling six penies scots, and it is the Committies opinion that the said soume should be transmitted to his majestie that the may order such Course to be taken for payment therof as he in his Royall Wisdome shall think fitt, And the Committie Finds that ther is resting to the persones forsaids for Corne and Straw to the magizine at Aberdein the Soume of Twentie six punds twelue shillings five penies scots, But In Respect it does not appear to what forces the same was given out Viz Whither to these upon scots pay or to others not upon scots pay Therfore They Remitt to the Councill to take such Course or give such orders anent this soume as they shall find Just as the said report in it self bears The Saids Lords of his Majesties privy Councill Doe heirby approve of the said report, and Recomends to the Lords Commissioners of his majesties thesaury To Cause payment be made to the said Sir David Carnegie and his Lady and ther tennants of the soumes found due in the said report be the forces upon scots pay out of the present polemoney and to transmitt the soumes due be the forces not upon scots pay to the kind to the effect mentioned in the report, and superceids to give answers to the Queirie in the report anent corne and Straw furnished to the magazine.

Edinburgh Thursday 14th February 1695

D1695/2/121

Order

Recomendatione Pittarro and his Lady and tenents anent accompts

The Lords of his Majesties privy Councill haveing Considered the report of a Comittie of their oun number appointed for reviseing the accompts resting by his majesties forces to the Countrey Bearing that the Committie haveing Considered the accompt given in to them as resting be his majesties forces to Sir David Carnegie of Pittarrow and the viscountes Dowager of Arbuthnot his Lady and ther tenants and servants with the instructiones and verificationes therof, They Find that ther are some of the articles of the saids accompts not in the termes of the act of parliament anent the polemoney and proclamations of Councill relative therto, And Therfore they have Refused and rejected these articles, And Finds it sufficiently verified and proven either be recepts under the hands of the Souldiers to whom the saids accompts were furnished or be the oathes and depositiones of the parties furnishers taken before two of the Commissioners of Supply within the shyre of Kincardine Conforme to the Commissioners reports one the ends of the saids accompts all which accompts recepts and reports were produced to and Considered be the Comittie That be sides the articles refused and rejected as said is ther is yet resting to the said Sir David Carnegie and his said Lady and ther tennents and servants be his majesties forces upon scots pay the soumes following Viz be the Master of Polwarth his troope of horss the Soume of Threttie Seven punds Eightein shilling two penies Item be the deceast Lord Cardross his regiment of Dragoons the soume of ane hundreth and Fourscore pends sixtein shilling seven penies scots Item by the Lord Beilhaven his troop of horss two punds scots Item by Captain Mckay’s Independant Company four punds scots Item by the Lord Rollo his troop of horss five punds threttein shilling Item by the Laird of Grants regiment of foot one punds Scots Item by the deceast Earle of Marrs regiment of foot Eight punds thrie shilling scots Item by Coll Richard Cuninghame his regiment of foot two pounds Eightein shilling scots Item by the Lord Elphingstoune his troope of horss Fourtein punds sixtein shilling four penies scots Item by Major Stewarts troope Eight shilling Scots Item by the Earle of Annandales troope four punds scots Extending the haill soumes forsaids resting by his majesties forces upon scots pay to the soume of Two hundreth and sixtie one punds thretein shilling one pennie scots and the Committie Finds that the haill articles of the said accompt quherof of the said soume is made up were all furnished preceiding the first day of February Jaj vjc nyntie one years, and that they are all in the termes of the nynth act fourth session of this Current parliament Intituled act for pole money and also of the proclamationes of councill relative therto, and Therfore the Comittie are of opinion that the said soume of two hundreth sixtie one punds thretein shilling one peny scots is to be payed out of the said polemoney and that the said Sir David Carnegie his Lady tenents and servants are to be recomended to the Lords Commissioners of his majesties thesaury for payment of the same accordingly and Finds It suficiently verified and proven in maner forsaid that ther is resting be his majesties forces not upon scots pay to the said Sir David Carnegie and his Lady and ther tenants and servants, The Soumes following Viz By Coll Lauders regiment six punds sixtein shilling Item by Coll Ramsay his regiment the Soume of Twentie two punds seven shilling two penies scots Item by Major Generall Mckay his regiment five punds fiftein shilling scots Item by the Danish regiment five punds four shilling scots, Item by Sir James Lesslies regiment Eightein punds sixtein shilling four penies scots, Item by […] Balverage his regiment six punds scots Extending the haill Soumes forsaids resting by his Majesties forces not upon scots pay to the Soume of sixtie four punds Eightein shilling six penies scots, and it is the Committies opinion that the said soume should be transmitted to his majestie that the may order such Course to be taken for payment therof as he in his Royall Wisdome shall think fitt, And the Committie Finds that ther is resting to the persones forsaids for Corne and Straw to the magizine at Aberdein the Soume of Twentie six punds twelue shillings five penies scots, But In Respect it does not appear to what forces the same was given out Viz Whither to these upon scots pay or to others not upon scots pay Therfore They Remitt to the Councill to take such Course or give such orders anent this soume as they shall find Just as the said report in it self bears The Saids Lords of his Majesties privy Councill Doe heirby approve of the said report, and Recomends to the Lords Commissioners of his majesties thesaury To Cause payment be made to the said Sir David Carnegie and his Lady and ther tennants of the soumes found due in the said report be the forces upon scots pay out of the present polemoney and to transmitt the soumes due be the forces not upon scots pay to the kind to the effect mentioned in the report, and superceids to give answers to the Queirie in the report anent corne and Straw furnished to the magazine.

1. NRS, PC2/25, 177v-179r.

1. NRS, PC2/25, 177v-179r.

Sederunt, 14 February 1695, Edinburgh

Edinburgh Thursday 14th February 16951

D1695/2/112

Sederunt

Earl of Anandale pres; Earl of Mortone; Earl of Cassills; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Kintoir; Earl of Breadalbine; Lord Murray; Viscount Tarbat; Lord Raith T:d:; Lord Carmicheall; Lord Advocat; Mr Fr: Montgomry; Laird of Grant; Laird of Leyes; Sir John Hall

Edinburgh Thursday 14th February 16951

D1695/2/112

Sederunt

Earl of Anandale pres; Earl of Mortone; Earl of Cassills; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Kintoir; Earl of Breadalbine; Lord Murray; Viscount Tarbat; Lord Raith T:d:; Lord Carmicheall; Lord Advocat; Mr Fr: Montgomry; Laird of Grant; Laird of Leyes; Sir John Hall

1. NRS, PC2/25, 177v.

2. NRS, PC2/25, 177v.

1. NRS, PC2/25, 177v.

2. NRS, PC2/25, 177v.

Act, 14 February 1695, Edinburgh

At Edinburgh 14th February 1695

A1695/2/211

Act

Liberatione James Carrin

The Lords of his majesties privy Councill having considered ane petitione given in to them by James Carrind Skipper in Leith They Hereby give ordor and warrand to the magistrats of Edinburgh and keeper of their Tolbooth to set at libertie said petitioner furth thereof In respect He hes given bond and found sufficient Cautione acted in the books of privy Councill That he shall appear before the said Lords whensoever he shall be called or requyred thereto and if he shall happen to be imployed in any ship to goe furth of this Kingdome That He shall returne to the same in the said ship with which he goes aboard and in the mean tyme That He shall live peaceablie under and with all submissione to the present Goverment of his majestie King William and that He shall not act consult or contryve anything in prejudice hereof under the penalty of tuo Hundred pound sterling in Caise He shall transgress in any part of the premisses And upon the granting of this new bond Appoynts the Clerks of Councill to delyver up the former bond granted by the said James and his Cautioner

At Edinburgh 14th February 1695

A1695/2/211

Act

Liberatione James Carrin

The Lords of his majesties privy Councill having considered ane petitione given in to them by James Carrind Skipper in Leith They Hereby give ordor and warrand to the magistrats of Edinburgh and keeper of their Tolbooth to set at libertie said petitioner furth thereof In respect He hes given bond and found sufficient Cautione acted in the books of privy Councill That he shall appear before the said Lords whensoever he shall be called or requyred thereto and if he shall happen to be imployed in any ship to goe furth of this Kingdome That He shall returne to the same in the said ship with which he goes aboard and in the mean tyme That He shall live peaceablie under and with all submissione to the present Goverment of his majestie King William and that He shall not act consult or contryve anything in prejudice hereof under the penalty of tuo Hundred pound sterling in Caise He shall transgress in any part of the premisses And upon the granting of this new bond Appoynts the Clerks of Councill to delyver up the former bond granted by the said James and his Cautioner

1. NRS, PC1/50, 128-9.

1. NRS, PC1/50, 128-9.

Act, 14 February 1695, Edinburgh

At Edinburgh 14th February 1695

A1695/2/201

Act

Act James Forbes

Anent the petitione given in to the Lords of his majesties privy Councill by James Forbes Shewing That where the petitioner was ordered by the said Lords To depart the Kingdome betwixt and the fyfteen day of this moneth of February wind and weather serveing which the said petitioner hes been readie to obey But seeing noe occasione hath offered And that the said Lords might perceive how hard the seasone is for a man of the petitioners years and therfore humblie Craveing in maner and to the effect aftermentioned as the said petitione at lenth bears The Lords of his Majesties privy Councill haveing Considered the said petitione given in to them by the said Master James Forbes They hereby prorogat the dyet appoynted for the said petitioners transportatione untill the tuentie day of Apryll next In respect He hes given bond and found sufficient Cautione acted in the books of privy Council that He shall not goe beyond or to the other syde of the water of Forth so long as He remaines within this Kingdome and that He shall depart furth thereof and transport himself to the Netherlands betwixt and the said tuenty day of Apryll next wind and weather serveing under the penalty of fyve Hundred pound sterling in Case he shall transgress in any part of the premisses and upon granting of ane new bond allowes the former bond to be given up

At Edinburgh 14th February 1695

A1695/2/201

Act

Act James Forbes

Anent the petitione given in to the Lords of his majesties privy Councill by James Forbes Shewing That where the petitioner was ordered by the said Lords To depart the Kingdome betwixt and the fyfteen day of this moneth of February wind and weather serveing which the said petitioner hes been readie to obey But seeing noe occasione hath offered And that the said Lords might perceive how hard the seasone is for a man of the petitioners years and therfore humblie Craveing in maner and to the effect aftermentioned as the said petitione at lenth bears The Lords of his Majesties privy Councill haveing Considered the said petitione given in to them by the said Master James Forbes They hereby prorogat the dyet appoynted for the said petitioners transportatione untill the tuentie day of Apryll next In respect He hes given bond and found sufficient Cautione acted in the books of privy Council that He shall not goe beyond or to the other syde of the water of Forth so long as He remaines within this Kingdome and that He shall depart furth thereof and transport himself to the Netherlands betwixt and the said tuenty day of Apryll next wind and weather serveing under the penalty of fyve Hundred pound sterling in Case he shall transgress in any part of the premisses and upon granting of ane new bond allowes the former bond to be given up

1. NRS, PC1/50, 127-8.

1. NRS, PC1/50, 127-8.

Act, 14 February 1695, Edinburgh

At Edinburgh 14th February 1695

A1695/2/191

Act

Liberatione Peter Baird

Anent the petitione given in to the Lords of his majesties privy Councill By Peter Baird Corporall of the toune Guards of Edinburgh Shewing That where the petitioner had the misfortune to incurr the said Lords their Displeasure for stopting a partie of the Regiment under the Command of the Lord Murray when transporting a desertor by the mane guard without previous nottice given of their comeing and for not giveing tymely assistance in desperssing the Rable which attacked the said pairty when retourneing with their prisoner which the toune guard aught to give upon such occasions The said Lords thought fitt to Committ the petitioner prisoner till furder ordor and now by the dilligence and inquirie of the magistrats The Ringleaders of that Rable being delyvered to the said Lords and at their disposall And the said petitioners offence haveing been noe wayes out of designe being alwayes resolved to give all due Honour and readie obedience to the said Lords Commands and his majesties service and therfore Humblie Craveing in maner and to the effect aftermentioned as the said petitione at lenth bears.
The Lords of his Majesties privy Councill haveing considered the said petitione given in to them by the said Peter Baird They Hereby Give ordor and warrand to the magistrats of Edinburgh and Keeper of their Tolbooth to sett the said petitioner furth thereof

At Edinburgh 14th February 1695

A1695/2/191

Act

Liberatione Peter Baird

Anent the petitione given in to the Lords of his majesties privy Councill By Peter Baird Corporall of the toune Guards of Edinburgh Shewing That where the petitioner had the misfortune to incurr the said Lords their Displeasure for stopting a partie of the Regiment under the Command of the Lord Murray when transporting a desertor by the mane guard without previous nottice given of their comeing and for not giveing tymely assistance in desperssing the Rable which attacked the said pairty when retourneing with their prisoner which the toune guard aught to give upon such occasions The said Lords thought fitt to Committ the petitioner prisoner till furder ordor and now by the dilligence and inquirie of the magistrats The Ringleaders of that Rable being delyvered to the said Lords and at their disposall And the said petitioners offence haveing been noe wayes out of designe being alwayes resolved to give all due Honour and readie obedience to the said Lords Commands and his majesties service and therfore Humblie Craveing in maner and to the effect aftermentioned as the said petitione at lenth bears.
The Lords of his Majesties privy Councill haveing considered the said petitione given in to them by the said Peter Baird They Hereby Give ordor and warrand to the magistrats of Edinburgh and Keeper of their Tolbooth to sett the said petitioner furth thereof

1. NRS, PC1/50, 127.

1. NRS, PC1/50, 127.

Order, 14 February 1695, Edinburgh

At Edinburgh 14th February 1695

A1695/2/181

Order

Ordor anent the Shipping and Draughts of Recruits of Souldiers

The Lords of his Majesties Privy Councill in obedience to his Majesties Letters directed to them anent the draughts to be made out of the severall Regiments afternamed as recruits for Flanders Doe Hereby Ordaine Collonell Hill at Fort William to transport to the road of Blackness the number of three hundred men of his Regiment at Fort William 2 including the draught alreadie made by him and Recomends to the Lord Murray and the Lord Lindsay to transport to the said road the number of two Hundred and tuenty sex men out of each of their Regiments and all these men to be transported betwixt and the tuentie fyth day of February instant And ordains Collonell Douglas To transport to the road of Leith the number of tuo Hundred and tuenty sex men out of his regiment betwixt and the tuentie sexth day of the said moneth of February instant And ordains Collonell […] McKay to transport the lyke number of two Hundred and tuenty sex men out of his Regiment to the said road of Leith Betwixt and the twentie seventh day of the said moneth of Februarie instant to the effect they may be shipped at the respective places foresaid aboard the transport ships whose convoyes are lyeing readie waiting for them in ordor to be transported to Flanders for recruiting of his majesties scots forces there The Desertors from Flanders in the respective Regiments foresaid being alwayes reckoned of the said numbers of men to be given out of the foresaid Regiments And the officers or others who shall receive the said men als weill Desertors as others, paying threttie shilling sterling for each of them And appoynts the respective Collonells foresaid to take speciall Care that the men which shall be sent be good and sufficient men as the will be answerable upon their perrill And Recomends to the Lords Commissioners of his Majesties Thesaurie To call for the Magistrats of Edinburgh and to give ordor to them and the magistrats of the other places foresaid designed for imbarqueing the said recruits to prepare boats for transporting the said recruits from land and putting them on board the transport ships And appoynts the Lord Jedburgh Commander in Cheiff of his Majesties forces within this King[dome] To fournish Guards to attend their imbarquement and after they are on board That the guards (3if thought needfull remaine in the ships untill they saille

At Edinburgh 14th February 1695

A1695/2/181

Order

Ordor anent the Shipping and Draughts of Recruits of Souldiers

The Lords of his Majesties Privy Councill in obedience to his Majesties Letters directed to them anent the draughts to be made out of the severall Regiments afternamed as recruits for Flanders Doe Hereby Ordaine Collonell Hill at Fort William to transport to the road of Blackness the number of three hundred men of his Regiment at Fort William 2 including the draught alreadie made by him and Recomends to the Lord Murray and the Lord Lindsay to transport to the said road the number of two Hundred and tuenty sex men out of each of their Regiments and all these men to be transported betwixt and the tuentie fyth day of February instant And ordains Collonell Douglas To transport to the road of Leith the number of tuo Hundred and tuenty sex men out of his regiment betwixt and the tuentie sexth day of the said moneth of February instant And ordains Collonell […] McKay to transport the lyke number of two Hundred and tuenty sex men out of his Regiment to the said road of Leith Betwixt and the twentie seventh day of the said moneth of Februarie instant to the effect they may be shipped at the respective places foresaid aboard the transport ships whose convoyes are lyeing readie waiting for them in ordor to be transported to Flanders for recruiting of his majesties scots forces there The Desertors from Flanders in the respective Regiments foresaid being alwayes reckoned of the said numbers of men to be given out of the foresaid Regiments And the officers or others who shall receive the said men als weill Desertors as others, paying threttie shilling sterling for each of them And appoynts the respective Collonells foresaid to take speciall Care that the men which shall be sent be good and sufficient men as the will be answerable upon their perrill And Recomends to the Lords Commissioners of his Majesties Thesaurie To call for the Magistrats of Edinburgh and to give ordor to them and the magistrats of the other places foresaid designed for imbarqueing the said recruits to prepare boats for transporting the said recruits from land and putting them on board the transport ships And appoynts the Lord Jedburgh Commander in Cheiff of his Majesties forces within this King[dome] To fournish Guards to attend their imbarquement and after they are on board That the guards (3if thought needfull remaine in the ships untill they saille

1. NRS, PC1/50, 127.

2. The word ‘and’ scored out here.

3. Closing bracket missing.

1. NRS, PC1/50, 127.

2. The word ‘and’ scored out here.

3. Closing bracket missing.

Sederunt, 14 February 1695, Edinburgh

At Edinburgh 14th February 16951

A1695/2/172

Sederunt

Earl of Annandale PC; Earl of Mortoune; Cassills; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Kintore; Earl of Breadalbane; Lord Murray; Viscount Tarbat; Lord Raith; Lord Carmichaell; Lord Advocat; Mr Francis Montgomery; Laird of Grant; Laird of Leyes; Sir John Hall

At Edinburgh 14th February 16951

A1695/2/172

Sederunt

Earl of Annandale PC; Earl of Mortoune; Cassills; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Kintore; Earl of Breadalbane; Lord Murray; Viscount Tarbat; Lord Raith; Lord Carmichaell; Lord Advocat; Mr Francis Montgomery; Laird of Grant; Laird of Leyes; Sir John Hall

1. NRS, PC1/50, 125.

2. NRS, PC1/50, 125.

1. NRS, PC1/50, 125.

2. NRS, PC1/50, 125.