Tag Archives: 17 January 1695

Decreet, 17 January 1695, Edinburgh

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Edinburgh the Seventeinth day of January Jaj vjc nyntie five years

D1695/1/291

Decreet

Decreet Certification Mckenzie contra Rait and others

Anent the Lybell or letters of Complaint raised and pursued before the Lords of Councill and Session at the instances of George Mckenzie factor appointed by the Lords of session for the estate of Halgreen Robert Jaffray in Gourdon […] his Spouse and […] Jaffrey his daughter George Greive Thomas Follie William Jaffrey at the milne of Berbie […] Stivensone and Robert Hamptoune in the Maynes of Halgreen all tenants of the said estate of Halgreen and Sir James Stewart his majesties advocat for his highnes intrest in the matter underwritten Making Mention That quher albeit by the Lawes and Constitutiones of all weell Governed nations and by the Lawes and acts of parliament of this natione the beating and wounding of his majesties Leidges in ther persons to the effusion of their blood and the robing Spulzieing and awaytakeing of ther Cornes Cattell and other goods espeally quher the same is done under sillence and Cloud of night and the persones called from their oun houses and gifted to officers to serve as souldiers be all Crimes of ane high nature and severly punishable yes true it is that William Rait of Halgreen George Rait his uncle Androw Wood of Balbegno and John Profit servitor to the said William Rait Shaking of all fear of God and regaird to the Lawes of the Land did in a most unwarantable and unaccountable maner Gather themselves togither and upon the twentie two day of October or one or other of the dayes of the said moneth come to the house of the said Robert Jaffrey and the houses of the persuars and Calling them out under pretence of Freindship did in a most Cruell and barbarous maner beat and wound ther persones with swords and staffs to the effusion of their blood and robbed and Carried away their Cornes and Cattell without any Warrand or knowen Cause except that they entered in payment of ther rents to the said George Mckenzie who have a Commission from the Lords of sessione for the behoove of the Creditors of Halgreen for that effect as said is and which Commission was obtained after the Ranking of the Creditors and depended severall sessions and after Halgreen hade deserted the kingdome and relinquished the possessione of this estate quherof many of this Creditors were in possessione and after he returned and remained a Considerable time tin the Abbay He applyed in time of vaccance to the Lords of privy Councill upon pretence of being cited before their Lordships for some acts and deeds of violence Committed be him, He obtained from the saids Lords a protectione for some weeks as he pretended and such was his unworthie practise, That in stead of makeing application to his Creditors He and his accomplices above named Did in a most hostill maner beat wound and robb the tenents and made peny of their goods in publict Marcats and gifted severall of themselves to the officers to serve as souldiers at least threatned to doe the same, and threw doun ther Corne Stacks upon pretence of poynding for his rents notwithstanding of a suspension Legally intimat to Halgreen two dayes before the perpetrating of the saids Crymes By all which the saids persones being found Guilty or at least airt and part therof Ought and should be Severly punished in ther persones and goods to the teror of others to doe the link in time comeing And Anent the Charge given to the saids defenders To have Compeired before the saids Lords at ane Certaine day now bygone To have answered to the grounds of the abovewritten Complaint and to have heard and seen such order and Course taken theranent as apertaines under the paine of Rebellion etc as the said Lybell and executiones therof at more length proports Which Lybell being this day Called in presence of the saids Lords of his majesties privy Councill And the said George Mckenzie Robert and William Jaffreyes and Robert Hamptoune four of the persuers Compeiring personally for themselves and the rest of the pursuars with Mr John Fergusone advocat fer the haill pursuers And the haill defenders viz the saids William Rait of Halgreen George Rait his uncle and John Profitt servitor to the said Hallgreen being all Lawfullie Cited oft times called and not Compeiring The Saids Lords Grants Certificatione against them and Ordaines Letters to be direct to macers or messengers at armes to pass to the mercat Cross of […] and other places needfull and therin his Majesties name and authoritie Duely Lawfullie and Orderly Denunce the saids haill defenders his majesties rebells and put them to the horne Escheat and inbring all ther movable goods and geir to his use for ther Contemption and disobedience

Edinburgh the Seventeinth day of January Jaj vjc nyntie five years

D1695/1/291

Decreet

Decreet Certification Mckenzie contra Rait and others

Anent the Lybell or letters of Complaint raised and pursued before the Lords of Councill and Session at the instances of George Mckenzie factor appointed by the Lords of session for the estate of Halgreen Robert Jaffray in Gourdon […] his Spouse and […] Jaffrey his daughter George Greive Thomas Follie William Jaffrey at the milne of Berbie […] Stivensone and Robert Hamptoune in the Maynes of Halgreen all tenants of the said estate of Halgreen and Sir James Stewart his majesties advocat for his highnes intrest in the matter underwritten Making Mention That quher albeit by the Lawes and Constitutiones of all weell Governed nations and by the Lawes and acts of parliament of this natione the beating and wounding of his majesties Leidges in ther persons to the effusion of their blood and the robing Spulzieing and awaytakeing of ther Cornes Cattell and other goods espeally quher the same is done under sillence and Cloud of night and the persones called from their oun houses and gifted to officers to serve as souldiers be all Crimes of ane high nature and severly punishable yes true it is that William Rait of Halgreen George Rait his uncle Androw Wood of Balbegno and John Profit servitor to the said William Rait Shaking of all fear of God and regaird to the Lawes of the Land did in a most unwarantable and unaccountable maner Gather themselves togither and upon the twentie two day of October or one or other of the dayes of the said moneth come to the house of the said Robert Jaffrey and the houses of the persuars and Calling them out under pretence of Freindship did in a most Cruell and barbarous maner beat and wound ther persones with swords and staffs to the effusion of their blood and robbed and Carried away their Cornes and Cattell without any Warrand or knowen Cause except that they entered in payment of ther rents to the said George Mckenzie who have a Commission from the Lords of sessione for the behoove of the Creditors of Halgreen for that effect as said is and which Commission was obtained after the Ranking of the Creditors and depended severall sessions and after Halgreen hade deserted the kingdome and relinquished the possessione of this estate quherof many of this Creditors were in possessione and after he returned and remained a Considerable time tin the Abbay He applyed in time of vaccance to the Lords of privy Councill upon pretence of being cited before their Lordships for some acts and deeds of violence Committed be him, He obtained from the saids Lords a protectione for some weeks as he pretended and such was his unworthie practise, That in stead of makeing application to his Creditors He and his accomplices above named Did in a most hostill maner beat wound and robb the tenents and made peny of their goods in publict Marcats and gifted severall of themselves to the officers to serve as souldiers at least threatned to doe the same, and threw doun ther Corne Stacks upon pretence of poynding for his rents notwithstanding of a suspension Legally intimat to Halgreen two dayes before the perpetrating of the saids Crymes By all which the saids persones being found Guilty or at least airt and part therof Ought and should be Severly punished in ther persones and goods to the teror of others to doe the link in time comeing And Anent the Charge given to the saids defenders To have Compeired before the saids Lords at ane Certaine day now bygone To have answered to the grounds of the abovewritten Complaint and to have heard and seen such order and Course taken theranent as apertaines under the paine of Rebellion etc as the said Lybell and executiones therof at more length proports Which Lybell being this day Called in presence of the saids Lords of his majesties privy Councill And the said George Mckenzie Robert and William Jaffreyes and Robert Hamptoune four of the persuers Compeiring personally for themselves and the rest of the pursuars with Mr John Fergusone advocat fer the haill pursuers And the haill defenders viz the saids William Rait of Halgreen George Rait his uncle and John Profitt servitor to the said Hallgreen being all Lawfullie Cited oft times called and not Compeiring The Saids Lords Grants Certificatione against them and Ordaines Letters to be direct to macers or messengers at armes to pass to the mercat Cross of […] and other places needfull and therin his Majesties name and authoritie Duely Lawfullie and Orderly Denunce the saids haill defenders his majesties rebells and put them to the horne Escheat and inbring all ther movable goods and geir to his use for ther Contemption and disobedience

1. NRS, PC2/25, 152r-153v.

1. NRS, PC2/25, 152r-153v.

Order, 17 January 1695, Edinburgh

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Edinburgh the Seventeinth day of January Jaj vjc nyntie five years

D1695/1/281

Order

Order anent Mountwhany anent Cess of Coalls in Fyfeshyre

The Which day the Earle of Cassills having represented in name of the Commissioners of his Majesties thesaury That James Crafurd of Mountwhany Collector of supply within the shyre of Fyfe being called before them to compt for the supply of the said shyre alledges he cannot Compt for the Cess of the Coalls within the bounds of the said shyre of Fyfe In Respect that by ane act of privy Councill the Cess of the saids Coalls Is Discharged to be uplifted upon a bill given in to the Councill by the Master of Burghly and others and that the Commissioners of supply within the said shyre are appointed to see and answer the said bill and have returned no answer therto The Lords of his majesties privy Councill Doe heirby Ordaine the said James Crafurd of Mountwhany To make intimation to the saids Commissioners That they give in ther answers to the said bill to the Clerks of privy Councill betwixt and the first Councill day of Aprill nixt to come with Certificatione.

Edinburgh the Seventeinth day of January Jaj vjc nyntie five years

D1695/1/281

Order

Order anent Mountwhany anent Cess of Coalls in Fyfeshyre

The Which day the Earle of Cassills having represented in name of the Commissioners of his Majesties thesaury That James Crafurd of Mountwhany Collector of supply within the shyre of Fyfe being called before them to compt for the supply of the said shyre alledges he cannot Compt for the Cess of the Coalls within the bounds of the said shyre of Fyfe In Respect that by ane act of privy Councill the Cess of the saids Coalls Is Discharged to be uplifted upon a bill given in to the Councill by the Master of Burghly and others and that the Commissioners of supply within the said shyre are appointed to see and answer the said bill and have returned no answer therto The Lords of his majesties privy Councill Doe heirby Ordaine the said James Crafurd of Mountwhany To make intimation to the saids Commissioners That they give in ther answers to the said bill to the Clerks of privy Councill betwixt and the first Councill day of Aprill nixt to come with Certificatione.

1. NRS, PC2/25, 152r.

1. NRS, PC2/25, 152r.

Act, 17 January 1695, Edinburgh

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Edinburgh the Seventeinth day of January Jaj vjc nyntie five years

D1695/1/271

Act

Act The Lady Dalvey

Anent a petition given in to the Lords of his Majesties privy Councill be Dame Agnes Scot relict of Sir James Grant of Dalvey Shewing that quher the petitioners husband was lately removed by death upon his way from the north to Edinburgh without having made any testament either as to the nameing of ane executor or as to the appointing of tutors to the petitioners daughters the only Cheldrein Lykeas his brother and air male and who should succeid to him in his wholl estate and fortune Is now absent in Ireland so that albeit by the petitioners Contract of mariage the petitioner be provyded to ane hundred punds sterling yearly and that her Cheldrein have alse particular provisiones and are oblidged to be aliamented untill the portiones fall due as likwayes that ther is a suficient estate both for the petitioners Childrein and the heir male yet by reasone of the forsaid Circumstances and that the petitioners husband dyed after the Mertimiss the petitioner Could put her hand to nothing either to pay funerall Charges or to aliement her self and familly that ought to be aliemented untill the terme that the petitioners enter to the payment of her Joyntur Which Cannot be till after Whitsunday nixt And seing that in such a necessitous case ther Lordships are the only refuge that could provyd some remeedy by warranting the petitioner to uplift also much of bygone annualrents and rents resting by debitors and tennants as might be necessary for defraying the said funerall Charges and aliementing the petitioner her Childrein and familly untill some Legall and regular Course may be taken for that effect And Therfore humbly Craving the saids Lords would be pleased in Consideration of the premises and that ther Could be no prejudice to any persone quhatsomever in what wes demanded to modifie to the petitioner ane Certaine soume for the ends and uses forsaid and to apoint the same to be payed to the petitioner out of the List of annualrents and rents that the petitioner has heirto subjoyned and by the persones Lyable in payment therof and to Grant warrand for letters for that effect as the saids Lords should see Cause as the petition bears The Lords of his majesties privy Councill having Considered this petition given in to them be the above Dam Agnes Scot They heirby Modifie the soume of Fiftie punds Sterling To be payed to the petitioner out of the bygone rents annualrents resting to her deceast husband by the persones debitors therin for the petitioners aliement from the time of her husbands decease till the terme of Whitsunday nixt to come And Declairs that her Discharge shall be a suficient exoneratione to them of the said soume And ordaines letters of horning one six dayes to be direct at the petitioners instance against the debitors to be Condescended by her in the said horning for payment of the said Soume out of the rents or annualrents to be alsoe Condescended on in the saids letters and others upon the premisses in forme as effeirs.

Edinburgh the Seventeinth day of January Jaj vjc nyntie five years

D1695/1/271

Act

Act The Lady Dalvey

Anent a petition given in to the Lords of his Majesties privy Councill be Dame Agnes Scot relict of Sir James Grant of Dalvey Shewing that quher the petitioners husband was lately removed by death upon his way from the north to Edinburgh without having made any testament either as to the nameing of ane executor or as to the appointing of tutors to the petitioners daughters the only Cheldrein Lykeas his brother and air male and who should succeid to him in his wholl estate and fortune Is now absent in Ireland so that albeit by the petitioners Contract of mariage the petitioner be provyded to ane hundred punds sterling yearly and that her Cheldrein have alse particular provisiones and are oblidged to be aliamented untill the portiones fall due as likwayes that ther is a suficient estate both for the petitioners Childrein and the heir male yet by reasone of the forsaid Circumstances and that the petitioners husband dyed after the Mertimiss the petitioner Could put her hand to nothing either to pay funerall Charges or to aliement her self and familly that ought to be aliemented untill the terme that the petitioners enter to the payment of her Joyntur Which Cannot be till after Whitsunday nixt And seing that in such a necessitous case ther Lordships are the only refuge that could provyd some remeedy by warranting the petitioner to uplift also much of bygone annualrents and rents resting by debitors and tennants as might be necessary for defraying the said funerall Charges and aliementing the petitioner her Childrein and familly untill some Legall and regular Course may be taken for that effect And Therfore humbly Craving the saids Lords would be pleased in Consideration of the premises and that ther Could be no prejudice to any persone quhatsomever in what wes demanded to modifie to the petitioner ane Certaine soume for the ends and uses forsaid and to apoint the same to be payed to the petitioner out of the List of annualrents and rents that the petitioner has heirto subjoyned and by the persones Lyable in payment therof and to Grant warrand for letters for that effect as the saids Lords should see Cause as the petition bears The Lords of his majesties privy Councill having Considered this petition given in to them be the above Dam Agnes Scot They heirby Modifie the soume of Fiftie punds Sterling To be payed to the petitioner out of the bygone rents annualrents resting to her deceast husband by the persones debitors therin for the petitioners aliement from the time of her husbands decease till the terme of Whitsunday nixt to come And Declairs that her Discharge shall be a suficient exoneratione to them of the said soume And ordaines letters of horning one six dayes to be direct at the petitioners instance against the debitors to be Condescended by her in the said horning for payment of the said Soume out of the rents or annualrents to be alsoe Condescended on in the saids letters and others upon the premisses in forme as effeirs.

1. NRS, PC2/25, 151r-152r.

1. NRS, PC2/25, 151r-152r.

Act, 17 January 1695, Edinburgh

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Edinburgh the Seventeinth day of January Jaj vjc nyntie five years

D1695/1/261

Act

Act and Recomendatione The Laird of Sauchie and his tenants anent acompts

The Lords of his Majesties privy Councill haveing Considered two severall reports made to them be a Committie of their oun number appointed for reviseing the accompts resting be his majesties forces to the Countrey The first Report dated the thretein of February Jaj vjc nyntie one years and Bearing that the Committie having Considered the accompt of Losses sustained by […] Glass of Sauchie and his tenents with what number of forces were quartered in the baronies of Sauchie Caltenholl in the years Jaj vjc Eightie nyne and Jaj vjc nyntie Togither with the instructiones and verificationes therof They Find it suficiently proven be the oathes and Depositiones of the Laird of Sauchie and his tenents taken before two of the Commissioners of Supply Conforme to ther subscryved report produced that the haill articles in the accompt were truely furnished and are yet resting as stated in the accompt and particularly the Committie Finds that the first thrie articles in this accompt viz primo Two baggage horsses with secks and other furnitor in Jully Jaj vjc Eightie nyne valued both to fourtie four pund Item Eightein secks Lost be the saids tennents that Caried meall from Stirling to the toune of Pearth at twelue shilling the peice with two pair of sods Is twelue pund Item Lost by them ane horss and furnitur which Caried ammunitione from Stirling Castle to Pearth valued at Eightein pund are yet resting and it is the Committies opinion that these thrie articles are to be allowed to the said Laird of Sauchie and his tennents but not out of the fond of thrie monethes Cess and hearth money, Bot that they be Recomended to the Lords of thesaurie for payment therof In such way and maner as they shall think fitt, And Finds that ther is resting to the said Laird of Sauchie and his tennents be ther Majesties forces as they are after stated upon regiments and troops the soumes following viz by the Earle of Argylls regiment Eight pund sixtein shilling scots Item the Lord Ross his troop ane pund ten shilling scots Item be the Lord Cardross his regiment of Dragoons ane hundreth and nyntie two punds scots Item be the Earle of Glencairnes regiment thretie seven punds sixtein shilling scots Item be the Lord Elphingstounes troop seven punds scots Item by the laird of Grubits troup fourtie Eight punds scots Item by the Lord Newbotles troop two punds scots Extending the haill soumes to the soume of Thrie hundreth twenty seven punds two shilling and the Comittie give ther opinion that all these articles furnished to the above regiments and troops are to be allowed out of the thrie moneths Cess and hearth money And that the Laird of Sauchie and his tennants are to be Recomended to the Lords of the thesaury That they may Cause payment be made to them of the same accordingly, And the Comittie Finds the article following suficiently proven being the nynth article of the said accompt Viz That upon Thursday the fiftein of Jully Jaj vjc nyntie Ther came to the Laird of Sauchie his parks the Laird of Nyneholls2 his troop of Dragoons in Cardross regiement Consisting of fourtie they went out the Twentie thrid of the said moneth and returned that same night with another troop in the said regiment made up of the Colls and Livt Colls and my Lord Elphingstounes troop of horss which in all made Fourscore and Eleven horss They stayed till the twentie seventh of the said moneth at which time they marched towards Kippen they all returned the threttie day and stayed one night the haill at two shilling each night Extends to Thrie score seventein pund Fourtein shilling, and that besides the spoilling of young planting and breaking of Dykes And the Committie are of opinion that this article is to be allowed out of the above fond, And that the Laird of Sauchie and his tenants be Recomended to the saids Lords of thesaury for payment therof accordingly Reserving to the saids Lords (if they shall think fitt) to proportione the said article upon the said regiment of Dragoons and troop of horss each for ther oun parts and the Committie finds the fourteinth article of this accompt suficiently proven Viz that upon the thretie of Jully Last Coll Livingstounes regiment of Dragoons passing from Stirling to Kilsyth did destroy the victuall to the tenents of the said baronies as the samen was all pryzed by the Barlemen six bolls two pecks oats two pecks bear ane firlott of pease at six pund the boll over head with the Fodder is thretie nyne pund, And the Committie Remitts to the Lords of their majesties privy Councill to Consider Whither this article should be allowed or not and in what maner And the Comittie Finds the fifteinth articles of this accompt suficiently proven viz That John Airth in Pollocks troop came to Thomas Ross his house the twentie nynth day of Jully […] wher he Lay sick till the first of August at which time he dyed resting for his funeralls and mantainment Threttein pund Eight shilling, And it is the opinion of the Committie that this article is to be allowed out of the above fond In so farr as extends to ten shilling scots per diem for mantinance of the man and his horss frae the twentie nynth of Jully to sixth of August and that the rest of the article being for the mans funeralls to also to be allowed but not out of the above fond But in such way and maner as the Lords of thesaury shall think fit and that the Laird of Sauchie and his tenents forsaids are to be recomended to the saids Lords of thesaury for payment of both parts of the said article in the termes forsaids and the Comittie Finds the sixteinth and last article of the said accompt suficiently proven viz That ther was furnished by the saids tennants ane horss with furnitor an ane man for goeing to Innerlochie which horss being apprysed both at his giveing away and returning was found to be Eightein pund worss when he returned then when he went out which with the mans fie who went with him being nyne punds is twentie seven pund, And the Comitties opinion is that this article cannot be allowed or stated but that the tennents may yet be allowed to prove in the termes of the Councill proclamation what number of mylls the man and horss did travell with the forces and that ther be allowed thrie shilling scots per myll for both man and ane hoss as appoynted by former proclamation of Councill And it is the Comitties opinion that the mylles being proven the samen is not to be allowed out of the above fond but that the furnisher are to be recomended to the Lords of the thesaury for payment therof In such way and maner as ther Lordships shall think fitt and alse the saids Lords having Considered the second report dated the twentie one of December Jaj vjc nyntie four years Bearing the Committie having Considered the first report Remitts the same to the Councills Consideratione and it is ther opinion that the articles which in the report are Recomended to the payed out of the then thrie moneths cess and hearth money should now be Recomended to be payed out of the pole money appointed by the nynth act fourth session of this Current parliament these articles being all in the termes of the said act of parliament and proclamationes of Councill dated the Last of Jully Jaj vjc nyntie four Which the Comittie finds they are as the saids two reports in themselves at length bears The saids Lords of his majesties privy Councill Doe heirby Recomend to the Lords Commissioners of his majesties thesaury to Cause payment be made out of the present polemoney to the said Laird of Sauchie and his tenents of such soumes as by the first report are Recomended to be payed out of the then hearth money and three moneths Cess.

Edinburgh the Seventeinth day of January Jaj vjc nyntie five years

D1695/1/261

Act

Act and Recomendatione The Laird of Sauchie and his tenants anent acompts

The Lords of his Majesties privy Councill haveing Considered two severall reports made to them be a Committie of their oun number appointed for reviseing the accompts resting be his majesties forces to the Countrey The first Report dated the thretein of February Jaj vjc nyntie one years and Bearing that the Committie having Considered the accompt of Losses sustained by […] Glass of Sauchie and his tenents with what number of forces were quartered in the baronies of Sauchie Caltenholl in the years Jaj vjc Eightie nyne and Jaj vjc nyntie Togither with the instructiones and verificationes therof They Find it suficiently proven be the oathes and Depositiones of the Laird of Sauchie and his tenents taken before two of the Commissioners of Supply Conforme to ther subscryved report produced that the haill articles in the accompt were truely furnished and are yet resting as stated in the accompt and particularly the Committie Finds that the first thrie articles in this accompt viz primo Two baggage horsses with secks and other furnitor in Jully Jaj vjc Eightie nyne valued both to fourtie four pund Item Eightein secks Lost be the saids tennents that Caried meall from Stirling to the toune of Pearth at twelue shilling the peice with two pair of sods Is twelue pund Item Lost by them ane horss and furnitur which Caried ammunitione from Stirling Castle to Pearth valued at Eightein pund are yet resting and it is the Committies opinion that these thrie articles are to be allowed to the said Laird of Sauchie and his tennents but not out of the fond of thrie monethes Cess and hearth money, Bot that they be Recomended to the Lords of thesaurie for payment therof In such way and maner as they shall think fitt, And Finds that ther is resting to the said Laird of Sauchie and his tennents be ther Majesties forces as they are after stated upon regiments and troops the soumes following viz by the Earle of Argylls regiment Eight pund sixtein shilling scots Item the Lord Ross his troop ane pund ten shilling scots Item be the Lord Cardross his regiment of Dragoons ane hundreth and nyntie two punds scots Item be the Earle of Glencairnes regiment thretie seven punds sixtein shilling scots Item be the Lord Elphingstounes troop seven punds scots Item by the laird of Grubits troup fourtie Eight punds scots Item by the Lord Newbotles troop two punds scots Extending the haill soumes to the soume of Thrie hundreth twenty seven punds two shilling and the Comittie give ther opinion that all these articles furnished to the above regiments and troops are to be allowed out of the thrie moneths Cess and hearth money And that the Laird of Sauchie and his tennants are to be Recomended to the Lords of the thesaury That they may Cause payment be made to them of the same accordingly, And the Comittie Finds the article following suficiently proven being the nynth article of the said accompt Viz That upon Thursday the fiftein of Jully Jaj vjc nyntie Ther came to the Laird of Sauchie his parks the Laird of Nyneholls2 his troop of Dragoons in Cardross regiement Consisting of fourtie they went out the Twentie thrid of the said moneth and returned that same night with another troop in the said regiment made up of the Colls and Livt Colls and my Lord Elphingstounes troop of horss which in all made Fourscore and Eleven horss They stayed till the twentie seventh of the said moneth at which time they marched towards Kippen they all returned the threttie day and stayed one night the haill at two shilling each night Extends to Thrie score seventein pund Fourtein shilling, and that besides the spoilling of young planting and breaking of Dykes And the Committie are of opinion that this article is to be allowed out of the above fond, And that the Laird of Sauchie and his tenants be Recomended to the saids Lords of thesaury for payment therof accordingly Reserving to the saids Lords (if they shall think fitt) to proportione the said article upon the said regiment of Dragoons and troop of horss each for ther oun parts and the Committie finds the fourteinth article of this accompt suficiently proven Viz that upon the thretie of Jully Last Coll Livingstounes regiment of Dragoons passing from Stirling to Kilsyth did destroy the victuall to the tenents of the said baronies as the samen was all pryzed by the Barlemen six bolls two pecks oats two pecks bear ane firlott of pease at six pund the boll over head with the Fodder is thretie nyne pund, And the Committie Remitts to the Lords of their majesties privy Councill to Consider Whither this article should be allowed or not and in what maner And the Comittie Finds the fifteinth articles of this accompt suficiently proven viz That John Airth in Pollocks troop came to Thomas Ross his house the twentie nynth day of Jully […] wher he Lay sick till the first of August at which time he dyed resting for his funeralls and mantainment Threttein pund Eight shilling, And it is the opinion of the Committie that this article is to be allowed out of the above fond In so farr as extends to ten shilling scots per diem for mantinance of the man and his horss frae the twentie nynth of Jully to sixth of August and that the rest of the article being for the mans funeralls to also to be allowed but not out of the above fond But in such way and maner as the Lords of thesaury shall think fit and that the Laird of Sauchie and his tenents forsaids are to be recomended to the saids Lords of thesaury for payment of both parts of the said article in the termes forsaids and the Comittie Finds the sixteinth and last article of the said accompt suficiently proven viz That ther was furnished by the saids tennants ane horss with furnitor an ane man for goeing to Innerlochie which horss being apprysed both at his giveing away and returning was found to be Eightein pund worss when he returned then when he went out which with the mans fie who went with him being nyne punds is twentie seven pund, And the Comitties opinion is that this article cannot be allowed or stated but that the tennents may yet be allowed to prove in the termes of the Councill proclamation what number of mylls the man and horss did travell with the forces and that ther be allowed thrie shilling scots per myll for both man and ane hoss as appoynted by former proclamation of Councill And it is the Comitties opinion that the mylles being proven the samen is not to be allowed out of the above fond but that the furnisher are to be recomended to the Lords of the thesaury for payment therof In such way and maner as ther Lordships shall think fitt and alse the saids Lords having Considered the second report dated the twentie one of December Jaj vjc nyntie four years Bearing the Committie having Considered the first report Remitts the same to the Councills Consideratione and it is ther opinion that the articles which in the report are Recomended to the payed out of the then thrie moneths cess and hearth money should now be Recomended to be payed out of the pole money appointed by the nynth act fourth session of this Current parliament these articles being all in the termes of the said act of parliament and proclamationes of Councill dated the Last of Jully Jaj vjc nyntie four Which the Comittie finds they are as the saids two reports in themselves at length bears The saids Lords of his majesties privy Councill Doe heirby Recomend to the Lords Commissioners of his majesties thesaury to Cause payment be made out of the present polemoney to the said Laird of Sauchie and his tenents of such soumes as by the first report are Recomended to be payed out of the then hearth money and three moneths Cess.

1. NRS, PC2/25, 149r-151r.

2. Marginal note: ‘X’.

1. NRS, PC2/25, 149r-151r.

2. Marginal note: ‘X’.

Sederunt, 17 January 1695, Edinburgh

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Edinburgh the Seventeinth day of January Jaj vjc nyntie five years1

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Sederunt

Earl of Mortone; Earl of Cassills; Earl of Lothian; Earl of Leven; Earl of Anandale preces; Earl of Forfar; Earl of Broadalbine; Viscount Tarbat; Lord Raith T: dpt; Lord Carmicheall; Lord Polwarth; Lord Hatton; Lord Fountonhall; Laird of Grant; Laird of Stivensone; Laird of Leyes.

Edinburgh the Seventeinth day of January Jaj vjc nyntie five years1

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Sederunt

Earl of Mortone; Earl of Cassills; Earl of Lothian; Earl of Leven; Earl of Anandale preces; Earl of Forfar; Earl of Broadalbine; Viscount Tarbat; Lord Raith T: dpt; Lord Carmicheall; Lord Polwarth; Lord Hatton; Lord Fountonhall; Laird of Grant; Laird of Stivensone; Laird of Leyes.

1. NRS, PC2/25, 149r.

2. NRS, PC2/25, 149r.

1. NRS, PC2/25, 149r.

2. NRS, PC2/25, 149r.

Act, 17 January 1695, Edinburgh

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At Edinburgh Thursday 17th January 1695

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Act

Change of sentance Margaret Watt

Anent the petitione given in to the Lords of their Majesties privy Councill by Margaret Wat prisoner in the tolbooth of Forfar Shewing that wher the said petitioner is a poor Criminall Condemned to dye with Alexander Barrie her Master who not only debauched her in his owne house but perswaded her to deny her being with Child untill it was borne and then not only refused to let her cry for help but assisted her in the birth stiffled the child and burried it in the house and then took the petitioner solemn oath never to reveal it which he forced her to doe in her weak conditione for fear of her life for which the said Alexander Barry is executed to death and the said petitioner in respect of her nonage ignorance of the law and ingenuous confessione of the whole matter of act was repryved by the said Lords once and againe and still hoped to have her doome changed to banishment wherein she may sincerlie repent her sad wickedness and sin:
The Lords of his majesties privy Councill having considered the foresaid petitione given in to them to them2 by the said Margaret Watt They hereby change the sentance of death pronounced against her to banishment And ordains her to be transported to his majesties plantationes in America and Discharges her to returne to these Kingdomes under the paine of death and allowes the magistrats of Forfar so soon as opportunity offers of a vessell goeing to the said plantations To delyver the said petitioner to any merchant or persone goeing thither who shall give bond with sufficient Cautione That He shall furthwith transport her to the said plantationes in the foresaid vessell under the penaltie of […] sic subscribitur Annandale p J Morton Cassillis Forfar Breadalbane Tarbat Carmichaell James Stueart John Lauder

At Edinburgh Thursday 17th January 1695

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Act

Change of sentance Margaret Watt

Anent the petitione given in to the Lords of their Majesties privy Councill by Margaret Wat prisoner in the tolbooth of Forfar Shewing that wher the said petitioner is a poor Criminall Condemned to dye with Alexander Barrie her Master who not only debauched her in his owne house but perswaded her to deny her being with Child untill it was borne and then not only refused to let her cry for help but assisted her in the birth stiffled the child and burried it in the house and then took the petitioner solemn oath never to reveal it which he forced her to doe in her weak conditione for fear of her life for which the said Alexander Barry is executed to death and the said petitioner in respect of her nonage ignorance of the law and ingenuous confessione of the whole matter of act was repryved by the said Lords once and againe and still hoped to have her doome changed to banishment wherein she may sincerlie repent her sad wickedness and sin:
The Lords of his majesties privy Councill having considered the foresaid petitione given in to them to them2 by the said Margaret Watt They hereby change the sentance of death pronounced against her to banishment And ordains her to be transported to his majesties plantationes in America and Discharges her to returne to these Kingdomes under the paine of death and allowes the magistrats of Forfar so soon as opportunity offers of a vessell goeing to the said plantations To delyver the said petitioner to any merchant or persone goeing thither who shall give bond with sufficient Cautione That He shall furthwith transport her to the said plantationes in the foresaid vessell under the penaltie of […] sic subscribitur Annandale p J Morton Cassillis Forfar Breadalbane Tarbat Carmichaell James Stueart John Lauder

1. NRS, PC1/50, 101.

2. Sic.

1. NRS, PC1/50, 101.

2. Sic.

Procedure, 17 January 1695, Edinburgh

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At Edinburgh Thursday 17th January 1695

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Procedure

[Lord Chancellor delivered letter to king]

The Earle of Annandale president of his Majesties privy Councill for the tyme acquainted the board That he hes just now received at the Table a lyne from my Lord high Chancellor showing that his Lordship hes delyvered the Councills letter to the Kings Majestie.

At Edinburgh Thursday 17th January 1695

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Procedure

[Lord Chancellor delivered letter to king]

The Earle of Annandale president of his Majesties privy Councill for the tyme acquainted the board That he hes just now received at the Table a lyne from my Lord high Chancellor showing that his Lordship hes delyvered the Councills letter to the Kings Majestie.

1. NRS, PC1/50, 100.

1. NRS, PC1/50, 100.

Warrant, 17 January 1695, Edinburgh

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At Edinburgh Thursday 17th January 1695

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Warrant

Warrand for burriang the Lady Hiltouns sone in the Abbay Church

The Lords of his majesties privy Councill haveing Considered this petitione given in to them by Mary Douglas Lady Hiltoune They hereby recommend to her Grace the Douches of Hamilton and Gives order and warrand to her Baillie of Holyrudehouse to permitt the Corps of the petitioners sone to be buried within the said Church of Holyrudehouse at the place mentioned in the said petitione

At Edinburgh Thursday 17th January 1695

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Warrant

Warrand for burriang the Lady Hiltouns sone in the Abbay Church

The Lords of his majesties privy Councill haveing Considered this petitione given in to them by Mary Douglas Lady Hiltoune They hereby recommend to her Grace the Douches of Hamilton and Gives order and warrand to her Baillie of Holyrudehouse to permitt the Corps of the petitioners sone to be buried within the said Church of Holyrudehouse at the place mentioned in the said petitione

1. NRS, PC1/50, 100.

1. NRS, PC1/50, 100.

Act, 17 January 1695, Edinburgh

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At Edinburgh Thursday 17th January 1695

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Act

Act anent subcollectors of Hearth money

The Lords of his Majesties privy Councill haveing Considered a Report of a Committie of their owne number appoynted for Considering […] poynts anent the hearth money They Hereby appoynt […] generall Collector of the Hearthmoney immediatlie to call in his Subcollectors and their Cautioners To compear before the Lords Commissioners of his majesties Thesaurie and depone and give their oaths before them upon their intromissione and to make payment of the same Excepting alwayes the subcollectors within the Stueartries of Orknay and Zetland and their Cautioners whose oaths and depositiones the said Lords doe hereby appoynt to be taken by the Stueart upon the place and hereby Gives and Grants Commissione to the said stueart for that effect and where any of the said subcollectors are dead appoynts the said generall Collector to Call their Cautioners To make payment of the intromissione had by their principalls and for that end takeing in their books and scrolls to the Clerks of Thesaurie and ordains these who are imployed by the said subcollectors in the foresaid hearth money to depone and give their oathe upon their intromissions Before the Shirriffs Stueart or Commissars or their Deputs within the bounds where they live and Hereby Giv’s full power warrant and Commissione to the said shirriffs and others foresaid for takeing of the said oathes and ordaines them to transmitt the oaths and depositiones of the said person when taken to the Clerk of their Majesties Thesaurie and that within such space as they shall be requyred by the said Lords Commissioners to doe the samine

At Edinburgh Thursday 17th January 1695

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Act

Act anent subcollectors of Hearth money

The Lords of his Majesties privy Councill haveing Considered a Report of a Committie of their owne number appoynted for Considering […] poynts anent the hearth money They Hereby appoynt […] generall Collector of the Hearthmoney immediatlie to call in his Subcollectors and their Cautioners To compear before the Lords Commissioners of his majesties Thesaurie and depone and give their oaths before them upon their intromissione and to make payment of the same Excepting alwayes the subcollectors within the Stueartries of Orknay and Zetland and their Cautioners whose oaths and depositiones the said Lords doe hereby appoynt to be taken by the Stueart upon the place and hereby Gives and Grants Commissione to the said stueart for that effect and where any of the said subcollectors are dead appoynts the said generall Collector to Call their Cautioners To make payment of the intromissione had by their principalls and for that end takeing in their books and scrolls to the Clerks of Thesaurie and ordains these who are imployed by the said subcollectors in the foresaid hearth money to depone and give their oathe upon their intromissions Before the Shirriffs Stueart or Commissars or their Deputs within the bounds where they live and Hereby Giv’s full power warrant and Commissione to the said shirriffs and others foresaid for takeing of the said oathes and ordaines them to transmitt the oaths and depositiones of the said person when taken to the Clerk of their Majesties Thesaurie and that within such space as they shall be requyred by the said Lords Commissioners to doe the samine

1. NRS, PC1/50, 99-100.

1. NRS, PC1/50, 99-100.

Letter: to the Council, 17 January 1695, Edinburgh

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At Edinburgh Thursday 17th January 1695

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Letter: to the Council

Letter frae the2 Secretary of State anent the Councills letter of Condolence to the King

The following letter being read in Councill was ordered to be recorded whereof the tenor followeth. My Lords3 4
Your letter of Condollence was presented this day to the King by my Lord Chancellour as your Lordships had ordered I am commanded to signifie to your Lordships That his majestie takes your applicatione to him at this tyme very well, and returns you his thanks for the duety and affectione you have expressed to him therein Blessed to God his Majesties health is als good as can be expected in his circumstances But the tenderness of his greiff hath not allowed him hetherto to signe letters or doe business But he hath ordered his acceptance of their address to be communicated to your Lordships by my Lords your Lordships most humble
and obedient servant sic subscribitur John Dalrymple

At Edinburgh Thursday 17th January 1695

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Letter: to the Council

Letter frae the2 Secretary of State anent the Councills letter of Condolence to the King

The following letter being read in Councill was ordered to be recorded whereof the tenor followeth. My Lords3 4
Your letter of Condollence was presented this day to the King by my Lord Chancellour as your Lordships had ordered I am commanded to signifie to your Lordships That his majestie takes your applicatione to him at this tyme very well, and returns you his thanks for the duety and affectione you have expressed to him therein Blessed to God his Majesties health is als good as can be expected in his circumstances But the tenderness of his greiff hath not allowed him hetherto to signe letters or doe business But he hath ordered his acceptance of their address to be communicated to your Lordships by my Lords your Lordships most humble
and obedient servant sic subscribitur John Dalrymple

1. NRS, PC1/50, 99.

2. The word ‘King’ scored out here.

3. The phrase ‘The Lords of his majesties privy Council did transmitt to me the double of a letter ordered by yor Lordships upon the fifteen next are to be sent’ scored out here.

4. Marginal note: ‘this by a mistake’.

1. NRS, PC1/50, 99.

2. The word ‘King’ scored out here.

3. The phrase ‘The Lords of his majesties privy Council did transmitt to me the double of a letter ordered by yor Lordships upon the fifteen next are to be sent’ scored out here.

4. Marginal note: ‘this by a mistake’.