Tag Archives: 18 August 1696

Act, 18 August 1696, Edinburgh

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Att Edinburgh the Eighteen day of Awgwst Jaj vic nyntie six yeirs

D1696/8/181

Act

Act Lady Rollo against Rollo of Woodsyde

Anent the petitione given in to the Lords of his majesties privie Counsell Be Mistress Margaret Balfoure Lay2 Rollo for herself and six childrein Humbly Shewing That wher upon the petitioners representatione of the desolat and destitute conditione of her and her childrein forsaken and abandoned of the Lord Rollo As ther Lordships very well know the petitioner obtained first ane Thowsand pund Scotts of aliment to be payed to her by the tenents and possessors of his estate As ther Lordships act therupon Wherin Henry Rollo of Woodsyde is compeareing and ansuering dated the fourtein day of Janwary Last more fully bears Likeas by ther Lordships act and decreit of the twentie fourth of March Last ther Lordships upon the Lord Rolloes contwmacie modified the Soume of Four Thousand merks includeing the said Thowsand pund for the yeirly of the petitioner and her saids childrein And ordained The Lord Rollo and the said Henry Rollo in caise he had accepted of a factorie from the Lord Rollo to pay the petitioner the foresaid Soume As the said Second act and Decreit bears Lykeas the said Henry Rollo haveing applyed to ther Lordships for a Suspensione upon the accompt that any factorie he had was burdened with the payment of the debt Dwe to himself ther Lordships most Justly in this alimentarie raise wherin it also appeared that he colluded with The Lord Rollo refwsed the Said Suspensione But albeit their Lordships have in ther Justice had this regwaird to the petitioners afflicted and necessitows conditione And that of all this aliment from the terme of Mertimes Last the petitioner hes only gott twelve Hundereth merks yet the said Henry Rollo collwding Still with the Lord Rollo gave in a bill of Suspensione to The Lords of Sessione upon the twentie nynth of Jullie Last pretending a Shamm reasone of Double poinding as if he had bein charged be The Lord Rollo one the ane hand and the petitioner on the other when he knew perfitely that himself compeareing befor ther Lordships they would have decerned the petitioners aliment both against him And The Lord Rollo in maner foirsaid And immediatly without the petitioners Seing and ansuering obtaines a Suspensione from the ordinary on the bills As the Letters Signed the threttie of Jwlly testifies As to which procedure the petitioner Shall not complaine of what past befor the Sessione But because the distress of the petitioner and her childrein is therby Doubled And that for ther necessarie aliment they are throwen off by a Suspensione that cannot be discussed for half a yeir to come The petitioner must in this her extremitie Humbly represent to ther Lordships Primo that by this evill practise of Woodsyde ther Lordships Jwstice and authoritie is evidently frwstrat Secundo By pretending a double poinding when ther was noe ground for it And that the rights and reasones of both pairties were in this knowledge discust by ther Lordships was a manifest imposeing upon the Lords of Sessione And Tertio that he haveing first applyed to ther Lordships upon the Same grownds were by ther Lordships refwised which greatlie aggravatts his abwse and transgressione in this mater And therfor humbly craveing Ther Lordships in consideratione of the petitioners extremitie And of the said Woodsyde his abwseive practise in maner foirsaid To Decerne him de novo to pay the petitioners foirsaid aliment atleast ane eqwivalent Soume in name of Damnadges And for the necessarie Subsistance of the petitioner and her childrein untill the said Suspensione be discwst As the said petition bears Which petitione being this day red and considered be the saids Lords of privie Counsell And answers made therto for Henry Rollo of Woodsyde They heirby decerne and ordaine the said Henry Rollo to make payment and Satisfactione to Mistress Margaret Balfoure Lady Rollo of the Soume of Six Hundereth merks for the present aliment and mentainance of the said Lady and her childrein And upon payment Ordaines the said Lady Rollo to assigne the Said Henry Rollo to als much of the decreit of aliment obtained at her Ladyships instance against the Lord Rollo her husband and his tenents as will satisfie the said Henry Rollo of the said Soume of Six Hundereth merks heirby decerned for And ordains Letters of horning on fiftein dayes and other executorialls needfull to be direct heiron under the Segnett of Counsell in forme as effeirs And discharges any Suspensione to pass heirof except upon payment or consignatione allenarly

Att Edinburgh the Eighteen day of Awgwst Jaj vic nyntie six yeirs

D1696/8/181

Act

Act Lady Rollo against Rollo of Woodsyde

Anent the petitione given in to the Lords of his majesties privie Counsell Be Mistress Margaret Balfoure Lay2 Rollo for herself and six childrein Humbly Shewing That wher upon the petitioners representatione of the desolat and destitute conditione of her and her childrein forsaken and abandoned of the Lord Rollo As ther Lordships very well know the petitioner obtained first ane Thowsand pund Scotts of aliment to be payed to her by the tenents and possessors of his estate As ther Lordships act therupon Wherin Henry Rollo of Woodsyde is compeareing and ansuering dated the fourtein day of Janwary Last more fully bears Likeas by ther Lordships act and decreit of the twentie fourth of March Last ther Lordships upon the Lord Rolloes contwmacie modified the Soume of Four Thousand merks includeing the said Thowsand pund for the yeirly of the petitioner and her saids childrein And ordained The Lord Rollo and the said Henry Rollo in caise he had accepted of a factorie from the Lord Rollo to pay the petitioner the foresaid Soume As the said Second act and Decreit bears Lykeas the said Henry Rollo haveing applyed to ther Lordships for a Suspensione upon the accompt that any factorie he had was burdened with the payment of the debt Dwe to himself ther Lordships most Justly in this alimentarie raise wherin it also appeared that he colluded with The Lord Rollo refwsed the Said Suspensione But albeit their Lordships have in ther Justice had this regwaird to the petitioners afflicted and necessitows conditione And that of all this aliment from the terme of Mertimes Last the petitioner hes only gott twelve Hundereth merks yet the said Henry Rollo collwding Still with the Lord Rollo gave in a bill of Suspensione to The Lords of Sessione upon the twentie nynth of Jullie Last pretending a Shamm reasone of Double poinding as if he had bein charged be The Lord Rollo one the ane hand and the petitioner on the other when he knew perfitely that himself compeareing befor ther Lordships they would have decerned the petitioners aliment both against him And The Lord Rollo in maner foirsaid And immediatly without the petitioners Seing and ansuering obtaines a Suspensione from the ordinary on the bills As the Letters Signed the threttie of Jwlly testifies As to which procedure the petitioner Shall not complaine of what past befor the Sessione But because the distress of the petitioner and her childrein is therby Doubled And that for ther necessarie aliment they are throwen off by a Suspensione that cannot be discussed for half a yeir to come The petitioner must in this her extremitie Humbly represent to ther Lordships Primo that by this evill practise of Woodsyde ther Lordships Jwstice and authoritie is evidently frwstrat Secundo By pretending a double poinding when ther was noe ground for it And that the rights and reasones of both pairties were in this knowledge discust by ther Lordships was a manifest imposeing upon the Lords of Sessione And Tertio that he haveing first applyed to ther Lordships upon the Same grownds were by ther Lordships refwised which greatlie aggravatts his abwse and transgressione in this mater And therfor humbly craveing Ther Lordships in consideratione of the petitioners extremitie And of the said Woodsyde his abwseive practise in maner foirsaid To Decerne him de novo to pay the petitioners foirsaid aliment atleast ane eqwivalent Soume in name of Damnadges And for the necessarie Subsistance of the petitioner and her childrein untill the said Suspensione be discwst As the said petition bears Which petitione being this day red and considered be the saids Lords of privie Counsell And answers made therto for Henry Rollo of Woodsyde They heirby decerne and ordaine the said Henry Rollo to make payment and Satisfactione to Mistress Margaret Balfoure Lady Rollo of the Soume of Six Hundereth merks for the present aliment and mentainance of the said Lady and her childrein And upon payment Ordaines the said Lady Rollo to assigne the Said Henry Rollo to als much of the decreit of aliment obtained at her Ladyships instance against the Lord Rollo her husband and his tenents as will satisfie the said Henry Rollo of the said Soume of Six Hundereth merks heirby decerned for And ordains Letters of horning on fiftein dayes and other executorialls needfull to be direct heiron under the Segnett of Counsell in forme as effeirs And discharges any Suspensione to pass heirof except upon payment or consignatione allenarly

1. NRS, PC2/26, 278r-279v.

2. Sic.

1. NRS, PC2/26, 278r-279v.

2. Sic.

Sederunt, 18 August 1696, Edinburgh

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Att Edinburgh the Eighteen day of Awgwst Jaj vic nyntie six yeirs1

D1696/8/172

Sederunt

Lord chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Mortowne; Lord Murray; Lord John Hamiltowne; Lord Belhaven; Sir James Ogilvie; Lord Advocat; Lord Philiphaugh; Lord Anstruther; Sir Thomas Livingstoun; Laird of Cessnock; Proveist of Edinburgh

Att Edinburgh the Eighteen day of Awgwst Jaj vic nyntie six yeirs1

D1696/8/172

Sederunt

Lord chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Mortowne; Lord Murray; Lord John Hamiltowne; Lord Belhaven; Sir James Ogilvie; Lord Advocat; Lord Philiphaugh; Lord Anstruther; Sir Thomas Livingstoun; Laird of Cessnock; Proveist of Edinburgh

1. NRS, PC2/26, 278r.

2. NRS, PC2/26, 278r.

1. NRS, PC2/26, 278r.

2. NRS, PC2/26, 278r.

Proclamation, 18 August 1696, Edinburgh

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Att Edinburgh the Eighteenth day of Agust Jaj vjc nyntie six years

A1696/8/241

Proclamation

Proclamation for apprehending Henry Every alias Bridgeman and severall other pirats

The proclamation aftermentioned being read was votted approven and signed and ordained to be recorded wherof the tenor Folloues
William By the Grace of God King of Great Britaine France and Ireland Defender of the faith To […] Macers of our privie Councill messengers at arms our shirreffs in that pairt Conjunctlly and severally specially Constitut Greeting Forasmuchas we are Informed that Henry Every alias Bridgeman Togither uith severall other persons Englishmen scottsmen and forraigners To the number of about ane hundred and Threttie Did steall and run auay uith the ship Called the phansie alias Charles of Fourtie six Guns from the port of Corunna in Spaine and Committ severall acts of pyrracy under Inglish colours upon the seas of India or Persia Contrary to the Law of nations and of this Kingdome in particular And that the said Hendry Every and severalls of his accomplices since Committing of the saids acts of pyrracy Having Left the said ship in the Island of providence are returned to and have dispersed themselves uithin this our antient Kingdome Thinking and Intending thereby to save and shelter themselves from the punishment and execution of Law Due to such hainous and nottorious offenders And we being resolved that outmost diligence shall be used for seizing and apprehending the persons of such open and villanous transgressors Doe Therfore with the advice of the Lords of our privie Councill Require and Command the shirreffs of the severall shires steuarts of steuartries Baillies of Regalities and their respective Deputs Magistrats of Burghs and officers of our army Commanders of our forces and garrisons and all others Imployed or trusted by us in any station whatsoever Civill or military uithin this Kingdome And our Good subjects whatsoever uithin the same to doe their outmost Indeavour and diligence to seize upon and apprehend the persons of the said Hendry Every alias Bridgeman Togither uith James Cry Thomas Summertoune Eduard Kirkuood William Doun John Reddie John Stroger Nathaniell Pike Peter Soans Henry Adams Frances Frennier Thomas Johnson Joseph Danson Samuell Dansone James Leuis John Sparks Joseph Glass Charles Falconer James Murray Robert Rich John Miller John King Eduard Savill William Philips Thomas Joppe and Thomas Belshis his accomplices or any of them and such others as uere uith them in the said ship (uho may be probably Knouen and discovered by the Great quantaties of persian and Indian Gold and silver which they have with them) And delyver him or them prisoners to the next magistrats of any of our Burghs To be by them keeped in safe Custody untill farder order be taken for bringing him or them to such Condigne punishment as their Crime does deserve And out of detestation to such a horrid villany and to the effect the same may not goe unpunished and for Encouraging the magistrats abovenamed and any other of our Good subjects to search for and apprehend such nottorious Rogues we uith advice forsaid doe make offer and assure the payment of the soume of five hundred pounds sterling for the said Hendry Every alias Bridgeman and Fiftieth pounds sterling money forsaid for every one of the other persons abovenamed to any persone or persons who shall seise and apprehend them or any of them And delyver him or them prisoners to any of the magistrats of our burghs which shall be truely and faithfullie payed as a reuard to the said persone or persons who shall apprehend and delyver prisoner the said Henry Every or any others of his accomplices abovenamed Indemnifying heirby all and every one of our subjects from any hazard of slaughter, mutilation or other acts of violence which they may Committ against the said Hendry Every or any of his accomplices or any persons that shall assist them to hinder and oppose their being seised and taken And we uith advice forsaid perremptorly inhibite and discharge all and every one of our subjects whatsomever to shelter, harbour Conceall or any wayes assist or supplie the said Henry Every or any of his accomplices abovenamed upon their highest perrill Our will is herefore And ue charge yow strictly and Command That incontinent these our Letters seen ye pass to the mercat Cross of Edinburgh and remanent mercat Crosses of the head burghs of the severall shires and steuartries uithin this Kingdome And ther In our name and authority make Intimation hereof That none pretend ignorance And ordaines these presents to be printed Given under our signet at Edinburgh the Eighteenth day of Agust and of our reigne the Eight year 1696 sic subscribitur Poluarth cancelar Queensberry Morton J Murray James Ogilvie James Steuart James Murray W Anstruther T Livingstoun

Att Edinburgh the Eighteenth day of Agust Jaj vjc nyntie six years

A1696/8/241

Proclamation

Proclamation for apprehending Henry Every alias Bridgeman and severall other pirats

The proclamation aftermentioned being read was votted approven and signed and ordained to be recorded wherof the tenor Folloues
William By the Grace of God King of Great Britaine France and Ireland Defender of the faith To […] Macers of our privie Councill messengers at arms our shirreffs in that pairt Conjunctlly and severally specially Constitut Greeting Forasmuchas we are Informed that Henry Every alias Bridgeman Togither uith severall other persons Englishmen scottsmen and forraigners To the number of about ane hundred and Threttie Did steall and run auay uith the ship Called the phansie alias Charles of Fourtie six Guns from the port of Corunna in Spaine and Committ severall acts of pyrracy under Inglish colours upon the seas of India or Persia Contrary to the Law of nations and of this Kingdome in particular And that the said Hendry Every and severalls of his accomplices since Committing of the saids acts of pyrracy Having Left the said ship in the Island of providence are returned to and have dispersed themselves uithin this our antient Kingdome Thinking and Intending thereby to save and shelter themselves from the punishment and execution of Law Due to such hainous and nottorious offenders And we being resolved that outmost diligence shall be used for seizing and apprehending the persons of such open and villanous transgressors Doe Therfore with the advice of the Lords of our privie Councill Require and Command the shirreffs of the severall shires steuarts of steuartries Baillies of Regalities and their respective Deputs Magistrats of Burghs and officers of our army Commanders of our forces and garrisons and all others Imployed or trusted by us in any station whatsoever Civill or military uithin this Kingdome And our Good subjects whatsoever uithin the same to doe their outmost Indeavour and diligence to seize upon and apprehend the persons of the said Hendry Every alias Bridgeman Togither uith James Cry Thomas Summertoune Eduard Kirkuood William Doun John Reddie John Stroger Nathaniell Pike Peter Soans Henry Adams Frances Frennier Thomas Johnson Joseph Danson Samuell Dansone James Leuis John Sparks Joseph Glass Charles Falconer James Murray Robert Rich John Miller John King Eduard Savill William Philips Thomas Joppe and Thomas Belshis his accomplices or any of them and such others as uere uith them in the said ship (uho may be probably Knouen and discovered by the Great quantaties of persian and Indian Gold and silver which they have with them) And delyver him or them prisoners to the next magistrats of any of our Burghs To be by them keeped in safe Custody untill farder order be taken for bringing him or them to such Condigne punishment as their Crime does deserve And out of detestation to such a horrid villany and to the effect the same may not goe unpunished and for Encouraging the magistrats abovenamed and any other of our Good subjects to search for and apprehend such nottorious Rogues we uith advice forsaid doe make offer and assure the payment of the soume of five hundred pounds sterling for the said Hendry Every alias Bridgeman and Fiftieth pounds sterling money forsaid for every one of the other persons abovenamed to any persone or persons who shall seise and apprehend them or any of them And delyver him or them prisoners to any of the magistrats of our burghs which shall be truely and faithfullie payed as a reuard to the said persone or persons who shall apprehend and delyver prisoner the said Henry Every or any others of his accomplices abovenamed Indemnifying heirby all and every one of our subjects from any hazard of slaughter, mutilation or other acts of violence which they may Committ against the said Hendry Every or any of his accomplices or any persons that shall assist them to hinder and oppose their being seised and taken And we uith advice forsaid perremptorly inhibite and discharge all and every one of our subjects whatsomever to shelter, harbour Conceall or any wayes assist or supplie the said Henry Every or any of his accomplices abovenamed upon their highest perrill Our will is herefore And ue charge yow strictly and Command That incontinent these our Letters seen ye pass to the mercat Cross of Edinburgh and remanent mercat Crosses of the head burghs of the severall shires and steuartries uithin this Kingdome And ther In our name and authority make Intimation hereof That none pretend ignorance And ordaines these presents to be printed Given under our signet at Edinburgh the Eighteenth day of Agust and of our reigne the Eight year 1696 sic subscribitur Poluarth cancelar Queensberry Morton J Murray James Ogilvie James Steuart James Murray W Anstruther T Livingstoun

1. NRS, PC1/50, 627-8.

1. NRS, PC1/50, 627-8.

Warrant, 18 August 1696, Edinburgh

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Att Edinburgh the Eighteenth day of Agust Jaj vjc nyntie six years

A1696/8/231

Warrant

Warrand to doe diligence by Caption against the Collectors of the polemoney

The Lords of his Majesties privie Councill Doe heirby ordaine Sir Patrick Home his Majesties sollicitor to doe diligence by Caption against such of the Collectors of the pole money whither for shires or parishes as he uith advice of Sir James Steuart his Majesties Advocat shall think most fitt And against whom diligence is already done by horning and who are Charged and denunced and duely registrat And Committ the saids Collectors prisoners uithin the shires wher they shall be seased

Att Edinburgh the Eighteenth day of Agust Jaj vjc nyntie six years

A1696/8/231

Warrant

Warrand to doe diligence by Caption against the Collectors of the polemoney

The Lords of his Majesties privie Councill Doe heirby ordaine Sir Patrick Home his Majesties sollicitor to doe diligence by Caption against such of the Collectors of the pole money whither for shires or parishes as he uith advice of Sir James Steuart his Majesties Advocat shall think most fitt And against whom diligence is already done by horning and who are Charged and denunced and duely registrat And Committ the saids Collectors prisoners uithin the shires wher they shall be seased

1. NRS, PC1/50, 626.

1. NRS, PC1/50, 626.

Warrant, 18 August 1696, Edinburgh

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Att Edinburgh the Eighteenth day of Agust Jaj vjc nyntie six years

A1696/8/221

Warrant

Warrand for transporting Mr John Hepburn to Stirling Castle

The Lords of his Majesties privie Councill Doe heirby Recommend to Sir Thomas Livingstoune Commander in cheiff of his Majesties forces within this Kingdome To Cause transport the persone of Mr John Hepburn Minister from the tolbooth of Edinburgh to the Castle of Stirling under a sufficient guaird And ordaines the Magistrats of Edinburgh to Deliver him to the said guaird And the guaird to delyver him to Leivtennant Collonell John Areskine Deputy Governour of the Castle of Stirling and in his absence to the next Commanding officer ther, whom the Councill appoints and ordaines to receave the said Mr John and detaine him prisoner ay and while he find sufficient Cautione acted in the books of privy Councill That he shall repaire to the toune of Breichen and tuo miles about the same To which he is Confyned by Interloquitor of Councill of the Tuenty Eight day of Julie Jaj vjc nyntie six And that he shall Keep his said Confynment and not goe uithout the bounds therof under the penaltie of Three Thousand merks scotts In caise he shall transgress in any part of the premisses

Att Edinburgh the Eighteenth day of Agust Jaj vjc nyntie six years

A1696/8/221

Warrant

Warrand for transporting Mr John Hepburn to Stirling Castle

The Lords of his Majesties privie Councill Doe heirby Recommend to Sir Thomas Livingstoune Commander in cheiff of his Majesties forces within this Kingdome To Cause transport the persone of Mr John Hepburn Minister from the tolbooth of Edinburgh to the Castle of Stirling under a sufficient guaird And ordaines the Magistrats of Edinburgh to Deliver him to the said guaird And the guaird to delyver him to Leivtennant Collonell John Areskine Deputy Governour of the Castle of Stirling and in his absence to the next Commanding officer ther, whom the Councill appoints and ordaines to receave the said Mr John and detaine him prisoner ay and while he find sufficient Cautione acted in the books of privy Councill That he shall repaire to the toune of Breichen and tuo miles about the same To which he is Confyned by Interloquitor of Councill of the Tuenty Eight day of Julie Jaj vjc nyntie six And that he shall Keep his said Confynment and not goe uithout the bounds therof under the penaltie of Three Thousand merks scotts In caise he shall transgress in any part of the premisses

1. NRS, PC1/50, 626.

1. NRS, PC1/50, 626.

Sederunt, 18 August 1696, Edinburgh

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Att Edinburgh the Eighteenth day of Agust Jaj vjc nyntie six years1

A1696/8/212

Sederunt

Lord Chancelor; Earl of Melvill; Duke of Queensberry; Earl of Mortoun; Lord Murray; Lord John Hamilton; Lord Beilhaven; Sir James Ogilvie; Lord Advocat; Lord Philiphaugh; Lord Anstruther; Sir Thomas Livingstoun; Laird of Cessnock; Provost of Edinburgh

Att Edinburgh the Eighteenth day of Agust Jaj vjc nyntie six years1

A1696/8/212

Sederunt

Lord Chancelor; Earl of Melvill; Duke of Queensberry; Earl of Mortoun; Lord Murray; Lord John Hamilton; Lord Beilhaven; Sir James Ogilvie; Lord Advocat; Lord Philiphaugh; Lord Anstruther; Sir Thomas Livingstoun; Laird of Cessnock; Provost of Edinburgh

1. NRS, PC1/50, 626.

2. NRS, PC1/50, 626.

1. NRS, PC1/50, 626.

2. NRS, PC1/50, 626.