Tag Archives: 17 April 1695

Act, 17 April 1695, Edinburgh

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Edinburgh Wedensday 17th Aprill 1695

D1695/4/201

Act

Act and Remitt James Williamsone

Anent a Petition given in to the Lords of his majesties privy Councill be James Williamsone now prisoner in the Tolbooth of Edinburgh Shewing That quher the petitioner haveing hade the misfortune to be servant to James Moncreiff late Collector of his majesties Customes at the port of Aberdeen (considering the trouble and shame) full usage the petitioner has mett with for Severall moneths by past on that accounts By reasone that his said master did in the moneth of september last or therby at the fitting of his accompts with the Tacksmen of the Customes fall short in a Considerable soume as the ballance To Which the petitioner hade never any accessione as was openly declared and acknowledged at that time be the said James Moncreiff before all the tacksmen, and wills Its hoped evidently appear upon due tryall if the tacksmen would be so Mercifull and Just as to put the petitioner speedily to it, Which Its humbly conceived they Ought to doe since by the Lawes of this and all other weell Governed nations It was never heard that any man was made a prisoner for a Civill Cause before sentance of a Judge Competent and the petitioner having been by the instigation and Malice of Mr John Moir toune Clerk of Aberdein who was one of the petitioners masters Cautioners without any order of Law apprehended by the Toun officers of Aberdeen and cost in prisone ther upon the twentie fifth of December Last though shortly therafter ther was a warrand procured from the Lord advocat for aprehending and Imprisoning the petitioner to palliat the forsaid Illegall procedure, Which warrand of My Lord advocats come not to Aberdeen for severall dayes after his Imprisonment and upon a former applicatione made by the petitioner to their Lordships representing the severe and Illegall usage the petitioner hade mett with He was upon the answers given in by the Tacksman at the reading of the petitioners bill appointed by their Lordships to be brought prisoner from Aberdeen by the respective shirriffs of the interjacent shyres to the Tolbooth of Edinburgh and ther to be detained till farrder order wher now the petitioner has Lyen prisoner since the second of this instant aprill and since the tacksmen who knowes of the petitioners being here, have never yet offered to give in any Lybell or claime against the petitioner and that he being but a poor oppressed young man who have but few freinds and no visible stock, Wherby the petitioner was not in a Conditione to find Cautione for his appearance when called In the termes of the saids Lords first interloquitor and that yet it is not in the petitioners power to find the Cautione demanded by the Tacksmen or to give any other security then his oun bond, or to enact himself Judicially to appear when called betwixt and a Certaine day under what penalty ther Lordships should please to appoint and that upon tryall Its hoped the petitioners will be found Innocent of what the Tacksmen may offer to Lay to his charge there misinformation and that the petitioner has been for four or five moneths time determined prisoner in a Cold winter 2 seasone upon a Civill accompt not only before sentance But even before raising any Lybell against the petitioner, Wherthrow the petitioners small sub-stance and pitifull stock he hade accquyred as these six years faithfull and dutifull service Is almost utterly waisted and gone so that in a very few dayes if he Continued any longer in this Conditione he would not be able to Comand a farthing to live on, unles their Lordships whose Constant and dayly practice it is to patronne the Innocent and distribut Justice to the poor alswell as to therwith provyde remeid, And Therfore Humbly Craveing the saids Lords would be pleased to Comisserat the Lamentable condition of the petitioner who is allready redacted to great hardships and straits haveing neither freinds to oun the petitioner nor stock to support him wher with to Capp against such powerfull Competitors and either remitt to my Lord advocat or any Committie their Lordships shall be pleased to appoint to take tryall of the grounds of his Imprisonment and therupon as his Lordship or any other Committie to be appointed shall think fitt to order the petitioners Liberatione Or otherwayes to ordaine the tacksman instantly to insist against the petitioner Wherby his Innocence would Clearly appear or that he be sett at liberty upon granting bond to produce himself when Called for betwixt and a Certaine day or enacting the petitioners self Judicially under what penalty or Certificatione their Lordships should be pleased to appoint since he was not able to find any other surety as the petitione bears The Lords of his Majesties privy Councill having this day Considered the above petitione given in to them be James Williamson prisoner in the Tolbooth of Edinburgh They Remitted to a Committie of their oun number to Consider the petitione with power to them to give order for the petitioners Liberatione upon such termes as they shall think fitt and appoints the Clerks of Councill to give out extracts of the Committies by way of act And the said Committie haveing this day accordingly mett and heard the Customers and James Williamsone They according to the power given to them ordaine the said James Williamsone to be sett at Liberty out of the Tolbooth of Edinburgh In Respect he has enacted himself in the books of privy Councill To appear before the Exchequer the first day of their meetting in June or therafter under the paine of Two hundred punds sterling and also he shall pay what shall be Decerned against him as the instance of the saids Customers by the saids Lords of exchequer and farder In Respect he has Consigned in the hands of the Clerks of Councill a disposition ominum Bonorum in ample forme to the forsaid Customers or their Cash keeper to be furth comeing to them in security and for payment of what shall be Decerned against him as said is, and that the said Disposition upon obtaineing of the said Decreet be given up to the saids Customers to the effect forsaid and on the other hand in cace that he be assoylzied Then that the forsaid disposition be given back to him to be cancelled.

Edinburgh Wedensday 17th Aprill 1695

D1695/4/201

Act

Act and Remitt James Williamsone

Anent a Petition given in to the Lords of his majesties privy Councill be James Williamsone now prisoner in the Tolbooth of Edinburgh Shewing That quher the petitioner haveing hade the misfortune to be servant to James Moncreiff late Collector of his majesties Customes at the port of Aberdeen (considering the trouble and shame) full usage the petitioner has mett with for Severall moneths by past on that accounts By reasone that his said master did in the moneth of september last or therby at the fitting of his accompts with the Tacksmen of the Customes fall short in a Considerable soume as the ballance To Which the petitioner hade never any accessione as was openly declared and acknowledged at that time be the said James Moncreiff before all the tacksmen, and wills Its hoped evidently appear upon due tryall if the tacksmen would be so Mercifull and Just as to put the petitioner speedily to it, Which Its humbly conceived they Ought to doe since by the Lawes of this and all other weell Governed nations It was never heard that any man was made a prisoner for a Civill Cause before sentance of a Judge Competent and the petitioner having been by the instigation and Malice of Mr John Moir toune Clerk of Aberdein who was one of the petitioners masters Cautioners without any order of Law apprehended by the Toun officers of Aberdeen and cost in prisone ther upon the twentie fifth of December Last though shortly therafter ther was a warrand procured from the Lord advocat for aprehending and Imprisoning the petitioner to palliat the forsaid Illegall procedure, Which warrand of My Lord advocats come not to Aberdeen for severall dayes after his Imprisonment and upon a former applicatione made by the petitioner to their Lordships representing the severe and Illegall usage the petitioner hade mett with He was upon the answers given in by the Tacksman at the reading of the petitioners bill appointed by their Lordships to be brought prisoner from Aberdeen by the respective shirriffs of the interjacent shyres to the Tolbooth of Edinburgh and ther to be detained till farrder order wher now the petitioner has Lyen prisoner since the second of this instant aprill and since the tacksmen who knowes of the petitioners being here, have never yet offered to give in any Lybell or claime against the petitioner and that he being but a poor oppressed young man who have but few freinds and no visible stock, Wherby the petitioner was not in a Conditione to find Cautione for his appearance when called In the termes of the saids Lords first interloquitor and that yet it is not in the petitioners power to find the Cautione demanded by the Tacksmen or to give any other security then his oun bond, or to enact himself Judicially to appear when called betwixt and a Certaine day under what penalty ther Lordships should please to appoint and that upon tryall Its hoped the petitioners will be found Innocent of what the Tacksmen may offer to Lay to his charge there misinformation and that the petitioner has been for four or five moneths time determined prisoner in a Cold winter 2 seasone upon a Civill accompt not only before sentance But even before raising any Lybell against the petitioner, Wherthrow the petitioners small sub-stance and pitifull stock he hade accquyred as these six years faithfull and dutifull service Is almost utterly waisted and gone so that in a very few dayes if he Continued any longer in this Conditione he would not be able to Comand a farthing to live on, unles their Lordships whose Constant and dayly practice it is to patronne the Innocent and distribut Justice to the poor alswell as to therwith provyde remeid, And Therfore Humbly Craveing the saids Lords would be pleased to Comisserat the Lamentable condition of the petitioner who is allready redacted to great hardships and straits haveing neither freinds to oun the petitioner nor stock to support him wher with to Capp against such powerfull Competitors and either remitt to my Lord advocat or any Committie their Lordships shall be pleased to appoint to take tryall of the grounds of his Imprisonment and therupon as his Lordship or any other Committie to be appointed shall think fitt to order the petitioners Liberatione Or otherwayes to ordaine the tacksman instantly to insist against the petitioner Wherby his Innocence would Clearly appear or that he be sett at liberty upon granting bond to produce himself when Called for betwixt and a Certaine day or enacting the petitioners self Judicially under what penalty or Certificatione their Lordships should be pleased to appoint since he was not able to find any other surety as the petitione bears The Lords of his Majesties privy Councill having this day Considered the above petitione given in to them be James Williamson prisoner in the Tolbooth of Edinburgh They Remitted to a Committie of their oun number to Consider the petitione with power to them to give order for the petitioners Liberatione upon such termes as they shall think fitt and appoints the Clerks of Councill to give out extracts of the Committies by way of act And the said Committie haveing this day accordingly mett and heard the Customers and James Williamsone They according to the power given to them ordaine the said James Williamsone to be sett at Liberty out of the Tolbooth of Edinburgh In Respect he has enacted himself in the books of privy Councill To appear before the Exchequer the first day of their meetting in June or therafter under the paine of Two hundred punds sterling and also he shall pay what shall be Decerned against him as the instance of the saids Customers by the saids Lords of exchequer and farder In Respect he has Consigned in the hands of the Clerks of Councill a disposition ominum Bonorum in ample forme to the forsaid Customers or their Cash keeper to be furth comeing to them in security and for payment of what shall be Decerned against him as said is, and that the said Disposition upon obtaineing of the said Decreet be given up to the saids Customers to the effect forsaid and on the other hand in cace that he be assoylzied Then that the forsaid disposition be given back to him to be cancelled.

1. NRS, PC2/25, 237v-239r.

2. The word ‘sessione’ scored out here.

1. NRS, PC2/25, 237v-239r.

2. The word ‘sessione’ scored out here.

Warrant, 17 April 1695, Edinburgh

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Edinburgh Wedensday 17th Aprill 1695

D1695/4/191

Warrant

Warrand to the Lord Hatton for citeing the Dutches of Lauderdale before the parliament

Anent the petition given in to the Lords of his Majesties privy Councill be Sir John Lauder of Hattone Sir John Milne of Blaikburne […] Wauchope of Nidrie […] Hallyburtone of Incharnie Shewing That the deceast Duke of Lauderdale in his Decaying dayes being Imposed upon and influenced by his Ladies Flatteries and insinuationes to the ruine of his familly and prejudice of his Creditors to Dispone to her the far best part of his estate in property which could have never been designed by him if in his integrity of health and wonted firmness of Judgment farder then ane lifrent And seing the petitioners are Creditors to the Duke prior to the said dispositiones and alse Creditors to his airs who are therby prejudged and therby have good right and intrest to quarrell the saids Dispositiones and rights and that this is a matter of so great moment and said dangerous example to the natione that the aged and infirme nobillity be not Imposed upon by their Ladies to the ruine of their famillys and prejudice of ther Creditors Which can best be remeeded by the supream Court of parliament And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned The Lords of his majesties privy Councill Having Considered this petition given in to them be the above Sir John Lauder of Hatton and other above named They hereby Grant Warand for Citeing the above Dutches of Lauderdale and the Lord Huntingtour her sone and all other persones at the petitioners instance To Compeir before the supream Court of parliament in their nixt ensueing sessione upon the […] day of […] nixt with Continuatione of dayes Bringing with them the dispositions and other rights granted be the above Duke of Lauderdale to the said Dutches and by her to the said Lord Huntingtour and others to be reduced and Declared null and void for the reasones abovementioned and to be Lybelled in the Sumonds to be raised at the petitioners instance and appoints the Clerks of Councill to give out Letters to the effect forsaid for Citeing the persones abovewritten.

Edinburgh Wedensday 17th Aprill 1695

D1695/4/191

Warrant

Warrand to the Lord Hatton for citeing the Dutches of Lauderdale before the parliament

Anent the petition given in to the Lords of his Majesties privy Councill be Sir John Lauder of Hattone Sir John Milne of Blaikburne […] Wauchope of Nidrie […] Hallyburtone of Incharnie Shewing That the deceast Duke of Lauderdale in his Decaying dayes being Imposed upon and influenced by his Ladies Flatteries and insinuationes to the ruine of his familly and prejudice of his Creditors to Dispone to her the far best part of his estate in property which could have never been designed by him if in his integrity of health and wonted firmness of Judgment farder then ane lifrent And seing the petitioners are Creditors to the Duke prior to the said dispositiones and alse Creditors to his airs who are therby prejudged and therby have good right and intrest to quarrell the saids Dispositiones and rights and that this is a matter of so great moment and said dangerous example to the natione that the aged and infirme nobillity be not Imposed upon by their Ladies to the ruine of their famillys and prejudice of ther Creditors Which can best be remeeded by the supream Court of parliament And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned The Lords of his majesties privy Councill Having Considered this petition given in to them be the above Sir John Lauder of Hatton and other above named They hereby Grant Warand for Citeing the above Dutches of Lauderdale and the Lord Huntingtour her sone and all other persones at the petitioners instance To Compeir before the supream Court of parliament in their nixt ensueing sessione upon the […] day of […] nixt with Continuatione of dayes Bringing with them the dispositions and other rights granted be the above Duke of Lauderdale to the said Dutches and by her to the said Lord Huntingtour and others to be reduced and Declared null and void for the reasones abovementioned and to be Lybelled in the Sumonds to be raised at the petitioners instance and appoints the Clerks of Councill to give out Letters to the effect forsaid for Citeing the persones abovewritten.

1. NRS, PC2/25, 237r-237v.

1. NRS, PC2/25, 237r-237v.

Order, 17 April 1695, Edinburgh

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Edinburgh Wedensday 17th Aprill 1695

D1695/4/181

Order

Recomendatione Earl of Southerland and Dalfolly etc anent stipends

Anent the petition given in to the farder of his Majesties privy Councill be George Earle of Southerland and Adam Gordon of Dalfolly With Concurrance of Mr David Williamsone and Mr George Meldrum Commissionat by the kirk for that effect Shewing That quher it haveing pleased the Commissione of the Generall assembly To nominat and appoint ministers understanding the Irish tongue to preach in vaccant kirks in Southerland and Ross wher the ministrie so much desired and as is hoped may be very usefull for the poor peoples instruction, The Commission also thought fitt to Recommend them to the petitioners to make applicatione, to the saids Lords and likewayes to the Lords of thesaury for obtaineing the vaccand stipends of such Churches as now vaik in Southerland for ther better subsistance and encouragement And Seing That the kirks and stipends of Clyen Creich and Darnach all in Southerland doe at present vaik, and that the petitioners Crave is that the same may be applyed for pious uses within the said paroches, and the superplus for the mantinance of the saids ministers as the case shall requyre And Therfore Humbly Craveing the saids Lords To recomend the petitioners effectually to the Lords of the thesaury That they may give the forsaid vaccant stipends for termes past and to come so long as they shall vaik for the uses and ends forsaid, And that either by ordering the generall Collector for vaccant stipends to give a deputatione to the persone they shall nominat or in such other method as ther Lordships shall think fitt as the petition bears The Lords of his majesties privy Councill Having Considered this petitione given in to them be the above Earle of Southerland and Adam Gordon of Dalfolly with Concurrance of Mr David Williamsone and Mr George Meldrum Commissioners by the kirk for that effect They heirby Recomend the petitioners effectually to the Lords Commissioners of his majesties thesaury that they may give the above vaccand stipends for termes past and to come so long as they shall vaik for the uses and ends forsaids and that either by ordering the generall Collector for vaccand stipends to give a deputation to the persone the petitioners shall nominat or in such other methods as the saids Lords of thesaury shall think fit.

Edinburgh Wedensday 17th Aprill 1695

D1695/4/181

Order

Recomendatione Earl of Southerland and Dalfolly etc anent stipends

Anent the petition given in to the farder of his Majesties privy Councill be George Earle of Southerland and Adam Gordon of Dalfolly With Concurrance of Mr David Williamsone and Mr George Meldrum Commissionat by the kirk for that effect Shewing That quher it haveing pleased the Commissione of the Generall assembly To nominat and appoint ministers understanding the Irish tongue to preach in vaccant kirks in Southerland and Ross wher the ministrie so much desired and as is hoped may be very usefull for the poor peoples instruction, The Commission also thought fitt to Recommend them to the petitioners to make applicatione, to the saids Lords and likewayes to the Lords of thesaury for obtaineing the vaccand stipends of such Churches as now vaik in Southerland for ther better subsistance and encouragement And Seing That the kirks and stipends of Clyen Creich and Darnach all in Southerland doe at present vaik, and that the petitioners Crave is that the same may be applyed for pious uses within the said paroches, and the superplus for the mantinance of the saids ministers as the case shall requyre And Therfore Humbly Craveing the saids Lords To recomend the petitioners effectually to the Lords of the thesaury That they may give the forsaid vaccant stipends for termes past and to come so long as they shall vaik for the uses and ends forsaid, And that either by ordering the generall Collector for vaccant stipends to give a deputatione to the persone they shall nominat or in such other method as ther Lordships shall think fitt as the petition bears The Lords of his majesties privy Councill Having Considered this petitione given in to them be the above Earle of Southerland and Adam Gordon of Dalfolly with Concurrance of Mr David Williamsone and Mr George Meldrum Commissioners by the kirk for that effect They heirby Recomend the petitioners effectually to the Lords Commissioners of his majesties thesaury that they may give the above vaccand stipends for termes past and to come so long as they shall vaik for the uses and ends forsaids and that either by ordering the generall Collector for vaccand stipends to give a deputation to the persone the petitioners shall nominat or in such other methods as the saids Lords of thesaury shall think fit.

1. NRS, PC2/25, 236v-237r.

1. NRS, PC2/25, 236v-237r.

Order, 17 April 1695, Edinburgh

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Edinburgh Wedensday 17th Aprill 1695

D1695/4/171

Order

Recomendatione The Lord Strathnaver

Anent the petition given in to the Lords of His majesties privy Councill be John Strathnaver Shewing That quher it is weell knowen to the saids Lords That shortly after the late happy revolutione the petitioner raised a foot regiment for the necessary defence of the Government Which regiment the petitioner not only for the most part subsisted with alse Litle burdein to, and Complaint from the Countrey as can be instanced in any regiment then standing, But did also at his oun Charge Cloath then sufficiently and with all keept the regiment as full and in alse good order as any other regiment as full and in alse good order as any other regiment was keept By reasone quherof it now necessarly falls out that ther are great and Considerable arreirs due to the burghs and Countrey should be first payed out of that fond and ther Lordships haveing emitted severeall proclamationes for bringing in the accompts due to the burghes and Countrey in order to ther said payment In the first place the fiftein of march which was the last day assigned peremptory for that effect is now elapsed, and the farr greatest part of the saids accompts, and in effect the wholl accompts of all these places wher the petitioners regiment hapned to be quartered are both brought into and approven and transmitted be the saids Lords to the Lords of the thesaury as may Clearly be understood by the declaration of the secretary of Warr for the time, who keept a particular register of all ther quarterings and removeings so that now at this instant it can be alse plainely made appear to the saids Lords of thesaury what deductiones the pay of the petitioners regiment is to suffer upon the Countreyes account as if all the accompts of Scotland were stated and transmitted, And Seing It is very weell knowen and can easily be made appear what great soumes the petitioner expended for the Cloathing of his regiment and how for the most part and except when the petitioner got some payments which are Clearly stated in the petitioners accompt with the thesaury the petitioner subsisted either by money advanced to the officers or by provisiones out of the petitioners oun lands and grounds as also that since the disbanding therof the petitioner have raised another regiment for his majesties service Which the petitioner has Caried over to and attended personally in Flanders and ame now ready and hasting to returne to it as the petitioner has been and shall be allwayes ready and most forward to venture both life and fortune for his majesties service and the preservatione of his Government And Therfore Humbly Craveing the saids Lords In Consideratione of the premises To Recomend the petitioner effectually to the Lords Commissioners of his majesties thesaury That they may receive in the petitioners accompt of arreirs and state and Conclude the same ther being no Document wanting and order the petitioner his payment out of the fond destinat for that effect without farder Delay specially that since besides the Clearing of his accompt he was content to find Cautione above exception to refound incase the Countreys arreirs shall hapen to exhaust quherof ther appears not the least probability and that the petitioners forsaid ready payment would be very helpfull to the petitioner for his expeditione to Flanders which can no longer be delayed as the petitione bears The Lords of his Majesties privy Councill Having Considered this petition given in to them be the above Lord Strathnaver with the petitioners Declaratione That the above arreirs are not transacted wryten upon the end of the petitione They heirby Recommend to the Lords Commissioners of his majesties thesaury to receive in the petitioners accompts and to state and Conclude the same and to order him payment of the same out of the fond destinat for that effect.

Edinburgh Wedensday 17th Aprill 1695

D1695/4/171

Order

Recomendatione The Lord Strathnaver

Anent the petition given in to the Lords of His majesties privy Councill be John Strathnaver Shewing That quher it is weell knowen to the saids Lords That shortly after the late happy revolutione the petitioner raised a foot regiment for the necessary defence of the Government Which regiment the petitioner not only for the most part subsisted with alse Litle burdein to, and Complaint from the Countrey as can be instanced in any regiment then standing, But did also at his oun Charge Cloath then sufficiently and with all keept the regiment as full and in alse good order as any other regiment as full and in alse good order as any other regiment was keept By reasone quherof it now necessarly falls out that ther are great and Considerable arreirs due to the burghs and Countrey should be first payed out of that fond and ther Lordships haveing emitted severeall proclamationes for bringing in the accompts due to the burghes and Countrey in order to ther said payment In the first place the fiftein of march which was the last day assigned peremptory for that effect is now elapsed, and the farr greatest part of the saids accompts, and in effect the wholl accompts of all these places wher the petitioners regiment hapned to be quartered are both brought into and approven and transmitted be the saids Lords to the Lords of the thesaury as may Clearly be understood by the declaration of the secretary of Warr for the time, who keept a particular register of all ther quarterings and removeings so that now at this instant it can be alse plainely made appear to the saids Lords of thesaury what deductiones the pay of the petitioners regiment is to suffer upon the Countreyes account as if all the accompts of Scotland were stated and transmitted, And Seing It is very weell knowen and can easily be made appear what great soumes the petitioner expended for the Cloathing of his regiment and how for the most part and except when the petitioner got some payments which are Clearly stated in the petitioners accompt with the thesaury the petitioner subsisted either by money advanced to the officers or by provisiones out of the petitioners oun lands and grounds as also that since the disbanding therof the petitioner have raised another regiment for his majesties service Which the petitioner has Caried over to and attended personally in Flanders and ame now ready and hasting to returne to it as the petitioner has been and shall be allwayes ready and most forward to venture both life and fortune for his majesties service and the preservatione of his Government And Therfore Humbly Craveing the saids Lords In Consideratione of the premises To Recomend the petitioner effectually to the Lords Commissioners of his majesties thesaury That they may receive in the petitioners accompt of arreirs and state and Conclude the same ther being no Document wanting and order the petitioner his payment out of the fond destinat for that effect without farder Delay specially that since besides the Clearing of his accompt he was content to find Cautione above exception to refound incase the Countreys arreirs shall hapen to exhaust quherof ther appears not the least probability and that the petitioners forsaid ready payment would be very helpfull to the petitioner for his expeditione to Flanders which can no longer be delayed as the petitione bears The Lords of his Majesties privy Councill Having Considered this petition given in to them be the above Lord Strathnaver with the petitioners Declaratione That the above arreirs are not transacted wryten upon the end of the petitione They heirby Recommend to the Lords Commissioners of his majesties thesaury to receive in the petitioners accompts and to state and Conclude the same and to order him payment of the same out of the fond destinat for that effect.

1. NRS, PC2/25, 235v-236v.

1. NRS, PC2/25, 235v-236v.

Sederunt, 17 April 1695, Edinburgh

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Edinburgh Wedensday 17th Aprill 16951

D1695/4/162

Sederunt

Earl of Anandale pres; Earl of Southerland; Earl of Leven; Earl of Forfar; Viscount Tarbat; Lord Strathnaver; Lord Beilhaven; Lord Advocat; Lord Hatton; Lord Fountonhall; Mr Fra: Montgomry; Sir Thomas Livingstoune

Edinburgh Wedensday 17th Aprill 16951

D1695/4/162

Sederunt

Earl of Anandale pres; Earl of Southerland; Earl of Leven; Earl of Forfar; Viscount Tarbat; Lord Strathnaver; Lord Beilhaven; Lord Advocat; Lord Hatton; Lord Fountonhall; Mr Fra: Montgomry; Sir Thomas Livingstoune

1. NRS, PC2/25, 235r.

2. NRS, PC2/25, 235r.

1. NRS, PC2/25, 235r.

2. NRS, PC2/25, 235r.

Act, 17 April 1695, Edinburgh

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At Edinburgh weddensday the seventeenth day of Apryll Jaj vjc nynty and fyve years

A1695/4/221

Act

Act Earle of Buchane

Anent the petitione given in to the Lords of his Majesties privie Councill by William Earle of Buchane Shewing that where the petitioner is for present and hes been these severall weeks bygone extreamlie sick and indisposed of bodie and by all appearance in a dyeing conditione unless by the blessing of God upon the use of lawfull means the same be prevented of which means the said petitioner is altogether denuded being confyned by their Lordships to that place where there is neither Phisitiane nor necessare medicaments and therfore Humblie Craveing the said Lords to take the premisses to Consideratione and to allow the said petitioner to repair to Edinburgh where he may have the benefit of Phisitians and medicaments for recovering of his health and the petitioner is content immediatlie after attaining to any measure of health to returne to the said place of his confynment as the said petitione bears
The Lords of his majesties privy Councill haveing considered the foresaid petitione given in to them by the said Earle of Buchane with a letter from the Leutt Governour of the Castle of Stirling to the Earle of Annandale president of Councill anent the said petitioners weakness and indispositione of bodie The said Lords of privy Councill doe hereby give ordor and warrand to the said Leutt Governour and in his absence the next commanding officer for the tyme being in the said Castle to set the said petitioner at libertie furth therof He first giving bond and finding sufficient Caution acted in the books of privy Councill that He shall reenter prisoner within the said Castle betwixt and the seventh day of May next to come 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 nor contryve anything in prejudice thereof nor converse or correspond with any Rebells under the penalty of fyve Hundred pound sterline in case he shall transgress in any part of the premisses.

At Edinburgh weddensday the seventeenth day of Apryll Jaj vjc nynty and fyve years

A1695/4/221

Act

Act Earle of Buchane

Anent the petitione given in to the Lords of his Majesties privie Councill by William Earle of Buchane Shewing that where the petitioner is for present and hes been these severall weeks bygone extreamlie sick and indisposed of bodie and by all appearance in a dyeing conditione unless by the blessing of God upon the use of lawfull means the same be prevented of which means the said petitioner is altogether denuded being confyned by their Lordships to that place where there is neither Phisitiane nor necessare medicaments and therfore Humblie Craveing the said Lords to take the premisses to Consideratione and to allow the said petitioner to repair to Edinburgh where he may have the benefit of Phisitians and medicaments for recovering of his health and the petitioner is content immediatlie after attaining to any measure of health to returne to the said place of his confynment as the said petitione bears
The Lords of his majesties privy Councill haveing considered the foresaid petitione given in to them by the said Earle of Buchane with a letter from the Leutt Governour of the Castle of Stirling to the Earle of Annandale president of Councill anent the said petitioners weakness and indispositione of bodie The said Lords of privy Councill doe hereby give ordor and warrand to the said Leutt Governour and in his absence the next commanding officer for the tyme being in the said Castle to set the said petitioner at libertie furth therof He first giving bond and finding sufficient Caution acted in the books of privy Councill that He shall reenter prisoner within the said Castle betwixt and the seventh day of May next to come 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 nor contryve anything in prejudice thereof nor converse or correspond with any Rebells under the penalty of fyve Hundred pound sterline in case he shall transgress in any part of the premisses.

1. NRS, PC1/50, 173-4.

1. NRS, PC1/50, 173-4.

Procedure, 17 April 1695, Edinburgh

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At Edinburgh weddensday the seventeenth day of Apryll Jaj vjc nynty and fyve years

A1695/4/211

Procedure

Anent the money

The Earle of Annandale President of the Councill haveing acquainted their Lordships That the provost of Edinburgh and others had applyed to his Lordship That the matter of the money might be delayed for some tyme untill the borrows of this Kingdome might have a meeting to the effect the might deliberat what will be most convenient for the interest of trade and good of the natione to be done in that affair The Councill appoynts their Macers to make intimatione to the provost of Edinburgh that he presentlie call a meeting of the Commissioners of the Borrows to the effect foresaid. And recomends to the Comittie formerlie appoynted in this matter to meet once each day in the afternoone and appoynts the borrow’s to give in overtures to the said Comittee within the space of eight dayes and Recomends to the Comittie to consider the overtures and prepare their report to the Councill against their next meeting

At Edinburgh weddensday the seventeenth day of Apryll Jaj vjc nynty and fyve years

A1695/4/211

Procedure

Anent the money

The Earle of Annandale President of the Councill haveing acquainted their Lordships That the provost of Edinburgh and others had applyed to his Lordship That the matter of the money might be delayed for some tyme untill the borrows of this Kingdome might have a meeting to the effect the might deliberat what will be most convenient for the interest of trade and good of the natione to be done in that affair The Councill appoynts their Macers to make intimatione to the provost of Edinburgh that he presentlie call a meeting of the Commissioners of the Borrows to the effect foresaid. And recomends to the Comittie formerlie appoynted in this matter to meet once each day in the afternoone and appoynts the borrow’s to give in overtures to the said Comittee within the space of eight dayes and Recomends to the Comittie to consider the overtures and prepare their report to the Councill against their next meeting

1. NRS, PC1/50, 173.

1. NRS, PC1/50, 173.

Proclamation, 17 April 1695, Edinburgh

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At Edinburgh weddensday the seventeenth day of Apryll Jaj vjc nynty and fyve years

A1695/4/201

Proclamation

Proclamatione adjourning the Parliament

The following proclamatione being prepared in obedience to the above letter was read approven and signed and ordered to be recorded followes the proclamatione Proclamatione adjourneing the parliament from the eighteen day of Apryll to the nynth day of may Jaj vjc ninty and fyve years William by the Grace of God King of great Brittaine France and Ireland defender of the faith to our Lyon King at arms and his brethren Heraulds macers of our privy Councill pursevants messengers at armes our shirriffs in that part conjunctly and severally specially constitut greeting Forasmuch as we by our proclamatione of the date the nynth day of march last bypast with advyce of the Lords of our privy Councill did adjourn the Currant parliament of this our ancient Kingdom to the eighteen day of Apryll then next to come now instant and whereas we are informed That such frequent adjournments hath begot ane oppinione that our parliament is not to meet which makes the members more slow to come at the tyme appoynted and therfore a tymeous possitive advertisment is necessary We have thought fitt that the adjournment of our said Currant parliament shall be continowed from the said eighteen day of Apryll instant to the nynth day of May next to come at which tyme we are fully resolved our said Parliament shall meet Therfore we with advyse of the Lords of our privy Councill Doe hereby adjourn our said Currant Parliament untill the said nynth day of may nex ensueing the date hereof requyreing all the members of our said Currant parliament to attend preceislie at that day in the usuall way and under the Certifications contained in the severall acts of parliament made theranent our will is herefore and we charge you strictly and Command That incontinent thir our letters seen you pass to the marcat Cross of Edinburgh and to the marcat Crosses of the remanent head burghs of the severall shyres of this our ancient Kingdome and there by open proclamatione make intimatione that our said parliament of this Kingdome is adjourned till the said nynth day of May next to come and ordaines these presents to be printed Given under our signet at Edinburgh the seventeenth day of Apryll and of our Reigne the seventh year Jaj vjc nynty and fyve years sic subscribitur Annandale p Southerland Leven Forfar Beilhaven Tarbatt Strathnaver2 James Stueart John Lauder John Lauder Mr Fran Montgomrie T Livingstoune

At Edinburgh weddensday the seventeenth day of Apryll Jaj vjc nynty and fyve years

A1695/4/201

Proclamation

Proclamatione adjourning the Parliament

The following proclamatione being prepared in obedience to the above letter was read approven and signed and ordered to be recorded followes the proclamatione Proclamatione adjourneing the parliament from the eighteen day of Apryll to the nynth day of may Jaj vjc ninty and fyve years William by the Grace of God King of great Brittaine France and Ireland defender of the faith to our Lyon King at arms and his brethren Heraulds macers of our privy Councill pursevants messengers at armes our shirriffs in that part conjunctly and severally specially constitut greeting Forasmuch as we by our proclamatione of the date the nynth day of march last bypast with advyce of the Lords of our privy Councill did adjourn the Currant parliament of this our ancient Kingdom to the eighteen day of Apryll then next to come now instant and whereas we are informed That such frequent adjournments hath begot ane oppinione that our parliament is not to meet which makes the members more slow to come at the tyme appoynted and therfore a tymeous possitive advertisment is necessary We have thought fitt that the adjournment of our said Currant parliament shall be continowed from the said eighteen day of Apryll instant to the nynth day of May next to come at which tyme we are fully resolved our said Parliament shall meet Therfore we with advyse of the Lords of our privy Councill Doe hereby adjourn our said Currant Parliament untill the said nynth day of may nex ensueing the date hereof requyreing all the members of our said Currant parliament to attend preceislie at that day in the usuall way and under the Certifications contained in the severall acts of parliament made theranent our will is herefore and we charge you strictly and Command That incontinent thir our letters seen you pass to the marcat Cross of Edinburgh and to the marcat Crosses of the remanent head burghs of the severall shyres of this our ancient Kingdome and there by open proclamatione make intimatione that our said parliament of this Kingdome is adjourned till the said nynth day of May next to come and ordaines these presents to be printed Given under our signet at Edinburgh the seventeenth day of Apryll and of our Reigne the seventh year Jaj vjc nynty and fyve years sic subscribitur Annandale p Southerland Leven Forfar Beilhaven Tarbatt Strathnaver2 James Stueart John Lauder John Lauder Mr Fran Montgomrie T Livingstoune

1. NRS, PC1/50, 172-3.

2. Insertion.

1. NRS, PC1/50, 172-3.

2. Insertion.

Letter: royal, 17 April 1695, Edinburgh

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At Edinburgh weddensday the seventeenth day of Apryll Jaj vjc nynty and fyve years

A1695/4/191

Letter: royal

Letter from the King adjourneing the parliament

The letter afterinsert from his majestie to the Councill being read was ordored to be recorded whereof the tenor followeth sic suprascribitur William Rex Right trusty and right wel beloved Cousin and Councillor Right trustie and intirely beloved Cousin and Councillor Right trustie and welbeloved Cousins and Councillors and right trustie and welbeloved Councillors we greet you well. Whereas by our letter of the […] day of March last we ordered you to adjourne the parliament to the eighteen day of Apryle instant and whereas we are informed That such frequent adjourments hath begot ane oppinione that our Parliament is not to meet which makes the members more slow to come at the tyme appoynted, and therfore a tymeous positive advertisment is necessarie It is our will and pleasure and we doe Hereby authorize and requyre you to Issue furth a proclamatione in our name ordering a further adjournment of our parliament to the nynth day of May next at which tyme we are fully resolved our Parliament shall meet and therfore Ordaining all the members thereof to attend preceisly at that day in the usuall way and with the accustomed Certificationes for doeing qherof this shall be your warrant So we bid you heartilie farewell Given at our Court at Kensingtoune the thretteen day of Apryll 1695 and of our Reigne the 7th year By his Majesties Command sic subscribitur J Johnstoune

At Edinburgh weddensday the seventeenth day of Apryll Jaj vjc nynty and fyve years

A1695/4/191

Letter: royal

Letter from the King adjourneing the parliament

The letter afterinsert from his majestie to the Councill being read was ordored to be recorded whereof the tenor followeth sic suprascribitur William Rex Right trusty and right wel beloved Cousin and Councillor Right trustie and intirely beloved Cousin and Councillor Right trustie and welbeloved Cousins and Councillors and right trustie and welbeloved Councillors we greet you well. Whereas by our letter of the […] day of March last we ordered you to adjourne the parliament to the eighteen day of Apryle instant and whereas we are informed That such frequent adjourments hath begot ane oppinione that our Parliament is not to meet which makes the members more slow to come at the tyme appoynted, and therfore a tymeous positive advertisment is necessarie It is our will and pleasure and we doe Hereby authorize and requyre you to Issue furth a proclamatione in our name ordering a further adjournment of our parliament to the nynth day of May next at which tyme we are fully resolved our Parliament shall meet and therfore Ordaining all the members thereof to attend preceisly at that day in the usuall way and with the accustomed Certificationes for doeing qherof this shall be your warrant So we bid you heartilie farewell Given at our Court at Kensingtoune the thretteen day of Apryll 1695 and of our Reigne the 7th year By his Majesties Command sic subscribitur J Johnstoune

1. NRS, PC1/50, 171-2.

1. NRS, PC1/50, 171-2.