Tag Archives: 14 November 1693

Act, 14 November 1693, Edinburgh

Posted on by

Edinburgh the Fourteinth day of November Jaj vjc Nyntie thrie years

D1693/11/111

Act

Act Major Wishart Against Johnstone

Anent a Petition given in to the Lords of their majesties privy Councill be Major George Wishart Shewing That quher ther being one William Johnstone debitor to the petitioner in Severall Soumes of money, The petitioner can have no access to him for payment therof, In Regaird the said William Johnstone is a Stranger and lives in the border of England, And he being frequently in this Countrey as he at present now is, And Therfore Humbly Craveing the saids Lords would grant warrand to the Magistrats of Edinburgh or any other magistrates within whose Jurisdictione the said William Johnstone shall be found for arreisting his persone and his goods ay and untill her find suficient Cautione to answer the petitioner according to Law And that he shall make payment to the petitioner Conforme to the sentance of Law, and Decreet that shall be obtained against him theranent as the said petition bears The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above Major George Wishart, They heirby give order and warrand to the magistrats of Edinburgh or any other Magistrats within this kingdome quhatsomever to seize upon and secure the persone of the above William Johnston and Comitt him prisoner ay and quhill he find Suficient Cautione to the petitioner Indicio sisti et Judicatum solvi.

Edinburgh the Fourteinth day of November Jaj vjc Nyntie thrie years

D1693/11/111

Act

Act Major Wishart Against Johnstone

Anent a Petition given in to the Lords of their majesties privy Councill be Major George Wishart Shewing That quher ther being one William Johnstone debitor to the petitioner in Severall Soumes of money, The petitioner can have no access to him for payment therof, In Regaird the said William Johnstone is a Stranger and lives in the border of England, And he being frequently in this Countrey as he at present now is, And Therfore Humbly Craveing the saids Lords would grant warrand to the Magistrats of Edinburgh or any other magistrates within whose Jurisdictione the said William Johnstone shall be found for arreisting his persone and his goods ay and untill her find suficient Cautione to answer the petitioner according to Law And that he shall make payment to the petitioner Conforme to the sentance of Law, and Decreet that shall be obtained against him theranent as the said petition bears The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above Major George Wishart, They heirby give order and warrand to the magistrats of Edinburgh or any other Magistrats within this kingdome quhatsomever to seize upon and secure the persone of the above William Johnston and Comitt him prisoner ay and quhill he find Suficient Cautione to the petitioner Indicio sisti et Judicatum solvi.

1. NRS, PC2/24, 270v-271r.

1. NRS, PC2/24, 270v-271r.

Judicial Proceeding, 14 November 1693, Edinburgh

Posted on by

Edinburgh the Fourteinth day of November Jaj vjc Nyntie thrie years

D1693/11/101

Judicial Proceeding

Remitt Blair of Lethendie Against The Lady Glascloon

Anent a Petition given in to the Lords of their Majesties privy Councill be James Blair late of Lethendie Shewing That quher the petitioner is informed that Issobell Tyrie relict of the deceast James Blair some time of Glascloon hath given in ane petition to the saids Lords representing that she stands infeft in the land of Glascloon for a lyfrent annuity And that notwithstanding therof the petitioners father did acquyre right to ane adjudication of the lands from Dick of Grang who being diponed to the petitioner, The petitioners mother she obtained a decreet of removeing against the said Issobell Tyrie before the Shireff of Pearth without a citation and therupon ejected her out of the lands and did take away the Chartor Chist and papers in quhich ther might have been Dischargers of the debts and that she and her Childreen has nothing quherupon to subsist, And that she haveing pursued for mails and Duties the Cause was advocat to the Lords which being debate It was ready to be reported And that their Lordships did Grant ane aliment to her in the year Jaj vjc Eightie […] for thrie or four hundred merks for the space of thrie years before the action should be discust, And that therafter the Lords of Session hade allowed her ane aliement for some years, And that the petitioners mother hade not above ten Thousand merks of debt upon the lands which were worth two thousand merks a year And Therfore Craveing the Lords would repossess her to the house and lands of Glascloon and a pleugh of Lands and some Cotteirs, And Farder the said Issobell Tyrie has of late moved againe that the petitioner may be made Lyable as his mother was upon the deliverance of the said Issobell Tyries bill, which was Lykewayes granted the last Councill day bot not to be extracted before this Councill day to the effect the petitioner might have Liberty to answer and now its humble represented and answered therto primo Wheras it is humbly represented and answered therto primo Wheras it is pretended that she stands infeft in ane lyfrent the same is groundles and Irrelevant for the warrand of the said Sasine Is reduced and Improven at the instance of Graing Dick and therby the force and effect of the said infeftment is intirely taken away Secundo wheras it is provyded that the petitioners father did acquyre right to the said appryssing against Grainge Dick and that the petitioners mother obtained and decreet of removeing against her and her Childrein without citatione and took away her Chist and papers Its answered that the petitioners deceast father being Cautioner for his brother the said Issobell Tyries husband in many Soumes of money and particularly in the Soumes contained in Grange Dick his adjudicatione and being Likwayes distrest at Grange Dick his adjudicatione and being Likewayes distrest at Grange instance alse weell as at the instance of severall other Creditors, He was necessitate to sell his oun estate of Lethendie for payment of these debts and other debts for which Likewayes ajudicationes was ledd, And which will thrie times exceed the value of the lands of Glascloon quhich about Eleven hundreth merks a year and upon which the petitioner has advanced ane Thousand punds sterling quherof he has no expectatione of releiff which appears by the punds now presently depending before the Lords of Sessione and its a strange confidence of the said Issobell Tyrie yet to pretend to ane aliement out of the said Lands which are so over burdened with her husbands debt to the prejudice of his Lawfull Creditors with ane extraordinary Confidence to pretend that they are two thousand merks a year Wheras indeed they ae but Eleven hundred a year Tertio when the petitioners father was necessitate to sell the lands of Lethendie the petitioners mother renewed her Joyntur therin and wes new infeft inlew therof in the lands of Glascloon and though she be not so Clamerous, yet her cause is more favorable then that of2 the said Issobell Tyrie and her familly would suffer alse much as she pretends to doe now If ther Lordships should grant the most unreasonable desyre of this petitione or restore her conforme to the act Jaj vjc Eightie thrie Quarto Quheras she pretends that the Chartor Chist was Imbazled by hir mother or3 him Its answered the same is of a peer with the rest Calumnious and Clamerous, and when it was alledged before the Lords of Session and referred to his mothers oath and his she was so Conscious that she might safely swear that it was false and that she resiled when they ready to depone Quinto as to the pretences that ther was ane Decreet of removeing obtained at her mothers instance against her it wes absolutely false for first it wes not obtained by the petitioners mother bot by Graing Dick before the petitioners father4 hade accuyred the right of adjudication nixt it is a most legall and formall Decreet and when she insists before the Judge ordinar she shall be answered, albeit the Lords did formerly grant her ane aliment in the year Jaj vjc nyntie, yet the Comittie at that tyme did expressly Declair that she Should never receive any more, and if she please to be ingenious she knowes this Bot lastly the only thing thats true in the bill is, That she haveing pursued for maills and duties before ane inferior court The Cause wed advocat to the Lords and readie to be reported the closs of the last session though the cause being so advanced was not by her dilligence Bot on the contrary she did descarde the same not being able to produce a suficient title the warrant of her sasine being reduced and Improven as said is And by this ground the Lords may perceive how absurd the desyre of the said Issobell Tyries bill is, For if it be true as it is agreed, yet the matter is allready so farr discust before the Lords of Sessione who are only Competent to Judge the pretences founded on in her bill, How unreasonable it is that the Lords should be troubled with it, for it is plaine all her grounds aryse from the points of Civill right and the Lords of session were so farr from being convinced of the Justice of her desyre, That they refused her ane aliement and altho the petitioner hade no other defences Bot that the matter is depending before the Lords who are accustumed to give aliements upon extraordinary Occasiones, And that they are only capable to Decerne how farr she is founded to demand ane aliement, The petitioner humbly conceave It is Suficient to exclude her clamerouse bill nor doe the petitioner ever beleive that ever the Lords would have granted the same bot because at the time the session was not sitting And Therfore humbly Craveing the saids Lords would not only refuse the desyre of this new bill Craveing that he might be made Lyable for the Lady Glascloones aliement Bot Lykewayes to recall ther Lordships former delyverance and act in favors of the said Lady and to leave the matter of aliement to be discussed before the Lords of session To allow or not allow the said aliement as they should see reasone on Consideratione of the Cause, which has so long already depended before them, and it is so farr ane way to on conclusione As the petition bears The Lords of their Majesties privy Councill haveing heard the forgoeing petition given in to them be James Blair late of Lochendie read in their presence They heirby Remitt to the Lords of Session to Consider the proces depending before them betwixt the petitioner and the Lady Glascloon and that Summarly without abyding the course of the roll as to the point of aliement only.

Edinburgh the Fourteinth day of November Jaj vjc Nyntie thrie years

D1693/11/101

Judicial Proceeding

Remitt Blair of Lethendie Against The Lady Glascloon

Anent a Petition given in to the Lords of their Majesties privy Councill be James Blair late of Lethendie Shewing That quher the petitioner is informed that Issobell Tyrie relict of the deceast James Blair some time of Glascloon hath given in ane petition to the saids Lords representing that she stands infeft in the land of Glascloon for a lyfrent annuity And that notwithstanding therof the petitioners father did acquyre right to ane adjudication of the lands from Dick of Grang who being diponed to the petitioner, The petitioners mother she obtained a decreet of removeing against the said Issobell Tyrie before the Shireff of Pearth without a citation and therupon ejected her out of the lands and did take away the Chartor Chist and papers in quhich ther might have been Dischargers of the debts and that she and her Childreen has nothing quherupon to subsist, And that she haveing pursued for mails and Duties the Cause was advocat to the Lords which being debate It was ready to be reported And that their Lordships did Grant ane aliment to her in the year Jaj vjc Eightie […] for thrie or four hundred merks for the space of thrie years before the action should be discust, And that therafter the Lords of Session hade allowed her ane aliement for some years, And that the petitioners mother hade not above ten Thousand merks of debt upon the lands which were worth two thousand merks a year And Therfore Craveing the Lords would repossess her to the house and lands of Glascloon and a pleugh of Lands and some Cotteirs, And Farder the said Issobell Tyrie has of late moved againe that the petitioner may be made Lyable as his mother was upon the deliverance of the said Issobell Tyries bill, which was Lykewayes granted the last Councill day bot not to be extracted before this Councill day to the effect the petitioner might have Liberty to answer and now its humble represented and answered therto primo Wheras it is humbly represented and answered therto primo Wheras it is pretended that she stands infeft in ane lyfrent the same is groundles and Irrelevant for the warrand of the said Sasine Is reduced and Improven at the instance of Graing Dick and therby the force and effect of the said infeftment is intirely taken away Secundo wheras it is provyded that the petitioners father did acquyre right to the said appryssing against Grainge Dick and that the petitioners mother obtained and decreet of removeing against her and her Childrein without citatione and took away her Chist and papers Its answered that the petitioners deceast father being Cautioner for his brother the said Issobell Tyries husband in many Soumes of money and particularly in the Soumes contained in Grange Dick his adjudicatione and being Likwayes distrest at Grange Dick his adjudicatione and being Likewayes distrest at Grange instance alse weell as at the instance of severall other Creditors, He was necessitate to sell his oun estate of Lethendie for payment of these debts and other debts for which Likewayes ajudicationes was ledd, And which will thrie times exceed the value of the lands of Glascloon quhich about Eleven hundreth merks a year and upon which the petitioner has advanced ane Thousand punds sterling quherof he has no expectatione of releiff which appears by the punds now presently depending before the Lords of Sessione and its a strange confidence of the said Issobell Tyrie yet to pretend to ane aliement out of the said Lands which are so over burdened with her husbands debt to the prejudice of his Lawfull Creditors with ane extraordinary Confidence to pretend that they are two thousand merks a year Wheras indeed they ae but Eleven hundred a year Tertio when the petitioners father was necessitate to sell the lands of Lethendie the petitioners mother renewed her Joyntur therin and wes new infeft inlew therof in the lands of Glascloon and though she be not so Clamerous, yet her cause is more favorable then that of2 the said Issobell Tyrie and her familly would suffer alse much as she pretends to doe now If ther Lordships should grant the most unreasonable desyre of this petitione or restore her conforme to the act Jaj vjc Eightie thrie Quarto Quheras she pretends that the Chartor Chist was Imbazled by hir mother or3 him Its answered the same is of a peer with the rest Calumnious and Clamerous, and when it was alledged before the Lords of Session and referred to his mothers oath and his she was so Conscious that she might safely swear that it was false and that she resiled when they ready to depone Quinto as to the pretences that ther was ane Decreet of removeing obtained at her mothers instance against her it wes absolutely false for first it wes not obtained by the petitioners mother bot by Graing Dick before the petitioners father4 hade accuyred the right of adjudication nixt it is a most legall and formall Decreet and when she insists before the Judge ordinar she shall be answered, albeit the Lords did formerly grant her ane aliment in the year Jaj vjc nyntie, yet the Comittie at that tyme did expressly Declair that she Should never receive any more, and if she please to be ingenious she knowes this Bot lastly the only thing thats true in the bill is, That she haveing pursued for maills and duties before ane inferior court The Cause wed advocat to the Lords and readie to be reported the closs of the last session though the cause being so advanced was not by her dilligence Bot on the contrary she did descarde the same not being able to produce a suficient title the warrant of her sasine being reduced and Improven as said is And by this ground the Lords may perceive how absurd the desyre of the said Issobell Tyries bill is, For if it be true as it is agreed, yet the matter is allready so farr discust before the Lords of Sessione who are only Competent to Judge the pretences founded on in her bill, How unreasonable it is that the Lords should be troubled with it, for it is plaine all her grounds aryse from the points of Civill right and the Lords of session were so farr from being convinced of the Justice of her desyre, That they refused her ane aliement and altho the petitioner hade no other defences Bot that the matter is depending before the Lords who are accustumed to give aliements upon extraordinary Occasiones, And that they are only capable to Decerne how farr she is founded to demand ane aliement, The petitioner humbly conceave It is Suficient to exclude her clamerouse bill nor doe the petitioner ever beleive that ever the Lords would have granted the same bot because at the time the session was not sitting And Therfore humbly Craveing the saids Lords would not only refuse the desyre of this new bill Craveing that he might be made Lyable for the Lady Glascloones aliement Bot Lykewayes to recall ther Lordships former delyverance and act in favors of the said Lady and to leave the matter of aliement to be discussed before the Lords of session To allow or not allow the said aliement as they should see reasone on Consideratione of the Cause, which has so long already depended before them, and it is so farr ane way to on conclusione As the petition bears The Lords of their Majesties privy Councill haveing heard the forgoeing petition given in to them be James Blair late of Lochendie read in their presence They heirby Remitt to the Lords of Session to Consider the proces depending before them betwixt the petitioner and the Lady Glascloon and that Summarly without abyding the course of the roll as to the point of aliement only.

1. NRS, PC2/24, 268v-270v.

2. Insertion.

3. The word ‘the’ scored out here.

4. The word ‘deponed’ scored out here.

1. NRS, PC2/24, 268v-270v.

2. Insertion.

3. The word ‘the’ scored out here.

4. The word ‘deponed’ scored out here.

Warrant, 14 November 1693, Edinburgh

Posted on by

Edinburgh the Fourteinth day of November Jaj vjc Nyntie thrie years

D1693/11/91

Warrant

Warrand to The Lord Advocat for prosecuteing Daniall Nicolsone Dr Eliot and Mistress Pringle before the Justiciary Court

The Lords of their majesties privy Councill Haveing Considered a paper entitulled a Summe of the Discovery of Daniall Nicolsone Doctor Eliot and Mistress Pringle their contrivance to take away the lives of Mistres Nicolsone and her sister Mistres Hamilton first by poyson and then by forgeing a recept of poysone under their hands, which is to be presented to the Lords of their majesties privy Councill in place of the Lords of the Committie their report They heirby Recomend to Sir James Stewart their Majesties advocat to raise and follow furth a Criminall indytment against the said Doctor Eliot before the Lords Commissioners of Justiciary and likewayes a Criminall Lybell against Daniall Nicolsone and Mistress Pringle for adultrey before the saids Lords Commissioners And Recomends to the Earle of Forfar, The Viscount of Tarbat Lord Beilhaven and Mr Francis Montgomrie to Consider the depositione wrytes and Documents and take what farder tryall and probatione they can find in this matter as to the horid Contrivance of this affair and also as to the proces of Forgery And to report to the Councill how farr they think Daniall Nicolsone or Mistres Pringle is guilty of the same and what punishment they deserve, and also what punishment Mr Joseph Clelland and Robert Wishart ther witnesses Doe deserve to the effect they may give order for prosecuteing them before the saids Lords Commissioners or punish them themselves and Declares any thrie of the above Committie to be a quourum And Recomends to the Lord advocat to be present at the Committie

Edinburgh the Fourteinth day of November Jaj vjc Nyntie thrie years

D1693/11/91

Warrant

Warrand to The Lord Advocat for prosecuteing Daniall Nicolsone Dr Eliot and Mistress Pringle before the Justiciary Court

The Lords of their majesties privy Councill Haveing Considered a paper entitulled a Summe of the Discovery of Daniall Nicolsone Doctor Eliot and Mistress Pringle their contrivance to take away the lives of Mistres Nicolsone and her sister Mistres Hamilton first by poyson and then by forgeing a recept of poysone under their hands, which is to be presented to the Lords of their majesties privy Councill in place of the Lords of the Committie their report They heirby Recomend to Sir James Stewart their Majesties advocat to raise and follow furth a Criminall indytment against the said Doctor Eliot before the Lords Commissioners of Justiciary and likewayes a Criminall Lybell against Daniall Nicolsone and Mistress Pringle for adultrey before the saids Lords Commissioners And Recomends to the Earle of Forfar, The Viscount of Tarbat Lord Beilhaven and Mr Francis Montgomrie to Consider the depositione wrytes and Documents and take what farder tryall and probatione they can find in this matter as to the horid Contrivance of this affair and also as to the proces of Forgery And to report to the Councill how farr they think Daniall Nicolsone or Mistres Pringle is guilty of the same and what punishment they deserve, and also what punishment Mr Joseph Clelland and Robert Wishart ther witnesses Doe deserve to the effect they may give order for prosecuteing them before the saids Lords Commissioners or punish them themselves and Declares any thrie of the above Committie to be a quourum And Recomends to the Lord advocat to be present at the Committie

1. NRS, PC2/24, 268r-268v.

1. NRS, PC2/24, 268r-268v.

Sederunt, 14 November 1693, Edinburgh

Posted on by

Edinburgh the Fourteinth day of November Jaj vjc Nyntie thrie years1

D1693/11/82

Sederunt

Lord Chancelor; Earl of Drumlanrig; Earl of Southerland; Earl of Linlithgow; Earl of Forfar; Viscount Tarbat; Viscount Stair; Lord Beilhaven; Lord Advocat; Lord Justice Clerk; Lord Enstruther; Mr Fr: Montgomrie; Sir Thomas Liveingstone.

Edinburgh the Fourteinth day of November Jaj vjc Nyntie thrie years1

D1693/11/82

Sederunt

Lord Chancelor; Earl of Drumlanrig; Earl of Southerland; Earl of Linlithgow; Earl of Forfar; Viscount Tarbat; Viscount Stair; Lord Beilhaven; Lord Advocat; Lord Justice Clerk; Lord Enstruther; Mr Fr: Montgomrie; Sir Thomas Liveingstone.

1. NRS, PC2/24, 268r.

2. NRS, PC2/24, 268r.

1. NRS, PC2/24, 268r.

2. NRS, PC2/24, 268r.

Order, 14 November 1693, Edinburgh

Posted on by

Att Edinburgh The Fourteenth day of November Jaj vic nyntie three years

A1693/11/231

Order

Recommendatione to Sir Thomas Livingstoune to wryte to the Earle of Seaforths uncle to Enter himself prisoner in Stirling Castle

The Lords of their Majesties privie Councell Being Informed by Sir Thomas Livingstoune Commander in cheiff of their Majesties forces uithin this Kingdome That Mr Collin Mckenzie uncle to the Earle of Seaforth who was in the Hills uith the rebells Is uilling to render up himself But being ane persone Aged and valitudinary Intreats the favour of a Good prisone They heirby Recommend to the said Sir Thomas to wryte to and Acquant the said Mr Collin Mckenzie That the Councell ordains him to Enter himself in the Castle of Stirling Betuixt and the first day of January nixt to Come And ordaines Leivt Collonell John Areskine Leivt Governour of the said castle and in his absence the nixt Commanding officer ther to Receave the said Mr Colline Mckenzie in the said castle and detaine him prisoner therin till furder ordor of Councell And to allow him the benefite of open prisone The said Leivtennant Governour and other officers Being alwayes Lyable for his safe custody

Att Edinburgh The Fourteenth day of November Jaj vic nyntie three years

A1693/11/231

Order

Recommendatione to Sir Thomas Livingstoune to wryte to the Earle of Seaforths uncle to Enter himself prisoner in Stirling Castle

The Lords of their Majesties privie Councell Being Informed by Sir Thomas Livingstoune Commander in cheiff of their Majesties forces uithin this Kingdome That Mr Collin Mckenzie uncle to the Earle of Seaforth who was in the Hills uith the rebells Is uilling to render up himself But being ane persone Aged and valitudinary Intreats the favour of a Good prisone They heirby Recommend to the said Sir Thomas to wryte to and Acquant the said Mr Collin Mckenzie That the Councell ordains him to Enter himself in the Castle of Stirling Betuixt and the first day of January nixt to Come And ordaines Leivt Collonell John Areskine Leivt Governour of the said castle and in his absence the nixt Commanding officer ther to Receave the said Mr Colline Mckenzie in the said castle and detaine him prisoner therin till furder ordor of Councell And to allow him the benefite of open prisone The said Leivtennant Governour and other officers Being alwayes Lyable for his safe custody

1. NRS, PC1/49, 173-4.

1. NRS, PC1/49, 173-4.

Letter: royal, 14 November 1693, Edinburgh

Posted on by

Att Edinburgh The Fourteenth day of November Jaj vic nyntie three years

A1693/11/221

Letter: royal

Letter to the King In favoures of the Lord Arthbuthnet

May It pleas your Majestie
The Viscount of Arthbuthnet Having suffered great losses by the Highland Rebells for his affection and zeall in your Majesties service upon applicatione made to the Estates of parliament and due tryall taken His Losses were found to exceed the soume of Eight Thousand pounds scots And the parliament Remitted the matter to us to Recommend him to your Majestie wherfore we Having againe Reviewed the forsaid tryall and Considered the quantaty of the Viscounts Losses with his good affectione to your Majesties Government and the merite of his family Doe uith all Humility Crave Leave to lay his case before your Majestie And Recommend him and it to your Majesties royall favour and Bounty May It please your Majestie your Majesties most loyall most faithfull and most obedient subjects and servants sic subscribitur Tueeddall Cancel: Southerland Forfar Tarbat Stair Beilhaven James Steuart Adam Cockburne W Anstruther Fra: Montgomery

Att Edinburgh The Fourteenth day of November Jaj vic nyntie three years

A1693/11/221

Letter: royal

Letter to the King In favoures of the Lord Arthbuthnet

May It pleas your Majestie
The Viscount of Arthbuthnet Having suffered great losses by the Highland Rebells for his affection and zeall in your Majesties service upon applicatione made to the Estates of parliament and due tryall taken His Losses were found to exceed the soume of Eight Thousand pounds scots And the parliament Remitted the matter to us to Recommend him to your Majestie wherfore we Having againe Reviewed the forsaid tryall and Considered the quantaty of the Viscounts Losses with his good affectione to your Majesties Government and the merite of his family Doe uith all Humility Crave Leave to lay his case before your Majestie And Recommend him and it to your Majesties royall favour and Bounty May It please your Majestie your Majesties most loyall most faithfull and most obedient subjects and servants sic subscribitur Tueeddall Cancel: Southerland Forfar Tarbat Stair Beilhaven James Steuart Adam Cockburne W Anstruther Fra: Montgomery

1. NRS, PC1/49, 173.

1. NRS, PC1/49, 173.

Act, 14 November 1693, Edinburgh

Posted on by

Att Edinburgh The Fourteenth day of November Jaj vic nyntie three years

A1693/11/211

Act

Liberatione Donald Clark

Anent the petitione given In to the Lords of their Majesties privie Councell Be Donald Clark, brother German to Archibald Clark of Bralacken Sheuing That albeit ten or Eleven years agoe Mr Duncan Robertsone wryter in Edinburgh then shirreff Clark of Argyle Having bought from umquhile Mathew Andersone in Ardnacroish ane debt of ane Hundred and sixtie pounds scotts or therby alleadged resting be the petitioner and one John Mckellar to the said Andersone did uithout any Citatione obtaine decreit in absence in Andersone the Cedents name And therupon raised Horning and Captione in the Late King Charles his name And of Late renues the same Captione And upon satturnday last caused apprehend and Imprisone the petitioners persone in the tolbooth of Edinburgh most uroungusly For though the debt uere Just as it is not and that the man at whose Instance the Captione is raised uere not dead as trewly he is yet the petitioner being sent hither upon ordinance and Having a Commissione from the Lord Jedburgh for receaving of the troupes pay for clearing of their present quarters That Immediatly they may be divyded and sent to their uinter quarters By the practise of this and all other nationes The petitioner could not be Incarcerat for ane Civill debt tho Just being upon ther Majesties Immediat service as said is as hes been frequently found by their Lordships and lately in the case of Mr Sletzers Especially the petitioners return being necessary and speedily expected And tho after his being apprehended He made Intimatione therof to the said Mr Duncan and to James Gordoune the messenger and therupon took Instruments as the protest produced uith the said petitione Bears yet they Incarcerat his persone as aforsaid Tho He offered sufficient bale for his presentatione Against this teusday to them And for farder disgrace to him and Contempt of authority procured the toune Guaird for their Concurrance And therfore Humbly Craving their Lordships to take the supplicants case Into ther serious Consideratione And ordaine him Instantly to be sett at Liberty free of all expensses and Jaylor Fee In respect of his wroungus Imprisonment He being upon present duty and the Lord Jedburghs troop being Immediatly to be cleared and divyded In ordor to be sent to their uinter quarters which Cannot be done till after his Liberatione and that he Goe ther uith their pay being their Clark as said is As also that their Lordships uould be pleased to punish the said Mr Duncan and the said messenger in their persones and goods as their Lordships shall think fitt And to ordaine their fynes to be payed to the petitioner touards the reparatione of the damnages sustained by him to be a terror to them and others to Committ the lyke abuse in tyme coming and which uill undoubtedly be a Great Encouradgement to souldiers to serve their Majesties And that Conforme to their Lordships dayly practise in the lyke cases as the said petitione Bears The Saids Lords of their Majesties privie Councell Having Considered this petitione given In to them Be the said Donald Clark uith the Instrument mentioned therin and produced theruith They Heirby ordaine the Magistrats Magistrats2 of Edinburgh and Keeper of their tolbooth To sett the petitioner at Liberty furth therof He first Giving bond and finding sufficient Cautione acted in the books of privie Councell That He shall Compear before the Lords therof upon the tuenty Eight day of november Instant or otherwayes to make payment to the said Duncan Robertsone of the soumes for which He is Incarcerat at his instance And alloues Mr Duncan Robertsone and the said messenger to see and ansuer the petitione as to the other poynts represented against them betuixt and the same day

Att Edinburgh The Fourteenth day of November Jaj vic nyntie three years

A1693/11/211

Act

Liberatione Donald Clark

Anent the petitione given In to the Lords of their Majesties privie Councell Be Donald Clark, brother German to Archibald Clark of Bralacken Sheuing That albeit ten or Eleven years agoe Mr Duncan Robertsone wryter in Edinburgh then shirreff Clark of Argyle Having bought from umquhile Mathew Andersone in Ardnacroish ane debt of ane Hundred and sixtie pounds scotts or therby alleadged resting be the petitioner and one John Mckellar to the said Andersone did uithout any Citatione obtaine decreit in absence in Andersone the Cedents name And therupon raised Horning and Captione in the Late King Charles his name And of Late renues the same Captione And upon satturnday last caused apprehend and Imprisone the petitioners persone in the tolbooth of Edinburgh most uroungusly For though the debt uere Just as it is not and that the man at whose Instance the Captione is raised uere not dead as trewly he is yet the petitioner being sent hither upon ordinance and Having a Commissione from the Lord Jedburgh for receaving of the troupes pay for clearing of their present quarters That Immediatly they may be divyded and sent to their uinter quarters By the practise of this and all other nationes The petitioner could not be Incarcerat for ane Civill debt tho Just being upon ther Majesties Immediat service as said is as hes been frequently found by their Lordships and lately in the case of Mr Sletzers Especially the petitioners return being necessary and speedily expected And tho after his being apprehended He made Intimatione therof to the said Mr Duncan and to James Gordoune the messenger and therupon took Instruments as the protest produced uith the said petitione Bears yet they Incarcerat his persone as aforsaid Tho He offered sufficient bale for his presentatione Against this teusday to them And for farder disgrace to him and Contempt of authority procured the toune Guaird for their Concurrance And therfore Humbly Craving their Lordships to take the supplicants case Into ther serious Consideratione And ordaine him Instantly to be sett at Liberty free of all expensses and Jaylor Fee In respect of his wroungus Imprisonment He being upon present duty and the Lord Jedburghs troop being Immediatly to be cleared and divyded In ordor to be sent to their uinter quarters which Cannot be done till after his Liberatione and that he Goe ther uith their pay being their Clark as said is As also that their Lordships uould be pleased to punish the said Mr Duncan and the said messenger in their persones and goods as their Lordships shall think fitt And to ordaine their fynes to be payed to the petitioner touards the reparatione of the damnages sustained by him to be a terror to them and others to Committ the lyke abuse in tyme coming and which uill undoubtedly be a Great Encouradgement to souldiers to serve their Majesties And that Conforme to their Lordships dayly practise in the lyke cases as the said petitione Bears The Saids Lords of their Majesties privie Councell Having Considered this petitione given In to them Be the said Donald Clark uith the Instrument mentioned therin and produced theruith They Heirby ordaine the Magistrats Magistrats2 of Edinburgh and Keeper of their tolbooth To sett the petitioner at Liberty furth therof He first Giving bond and finding sufficient Cautione acted in the books of privie Councell That He shall Compear before the Lords therof upon the tuenty Eight day of november Instant or otherwayes to make payment to the said Duncan Robertsone of the soumes for which He is Incarcerat at his instance And alloues Mr Duncan Robertsone and the said messenger to see and ansuer the petitione as to the other poynts represented against them betuixt and the same day

1. NRS, PC1/49, 171-3.

2. Sic.

1. NRS, PC1/49, 171-3.

2. Sic.

Procedure, 14 November 1693, Edinburgh

Posted on by

Att Edinburgh The Fourteenth day of November Jaj vic nyntie three years

A1693/11/201

Procedure

The Earle of Drumlangrig goes to Courte

The Earle of Drumlangrig Acquanted the Councell That He hes his Majesties Command or warrand to Come to Courte and attend his Majestie And that he Intends to take Journey before nixt meeting of Councell And desyred to Know if the Councell had any Commands for Him

Att Edinburgh The Fourteenth day of November Jaj vic nyntie three years

A1693/11/201

Procedure

The Earle of Drumlangrig goes to Courte

The Earle of Drumlangrig Acquanted the Councell That He hes his Majesties Command or warrand to Come to Courte and attend his Majestie And that he Intends to take Journey before nixt meeting of Councell And desyred to Know if the Councell had any Commands for Him

1. NRS, PC1/49, 171.

1. NRS, PC1/49, 171.

Sederunt, 14 November 1693, Edinburgh

Posted on by

Att Edinburgh The Fourteenth day of November Jaj vic nyntie three years1

A1693/11/192

Sederunt

Lord Chancellor; Earl of Drumlangrig; Earl of Southerland; Earl of Linlithgow; Earl of Forfar; Viscount Tarbat; Viscount Stair; Lord Beilhaven; Lord Advocat; Lord Justice Clark; Mr Fra: Muntgomery; Lord Enstruther; Sir Thomas Livingstoune

Att Edinburgh The Fourteenth day of November Jaj vic nyntie three years1

A1693/11/192

Sederunt

Lord Chancellor; Earl of Drumlangrig; Earl of Southerland; Earl of Linlithgow; Earl of Forfar; Viscount Tarbat; Viscount Stair; Lord Beilhaven; Lord Advocat; Lord Justice Clark; Mr Fra: Muntgomery; Lord Enstruther; Sir Thomas Livingstoune

1. NRS, PC1/49, 171.

2. NRS, PC1/49, 171.

1. NRS, PC1/49, 171.

2. NRS, PC1/49, 171.