Tag Archives: 18 January 1698

Act, 18 January 1698, Edinburgh

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Att Edinburgh the Eightein day of Janwary Jaj vic nyntie eight yeirs

D1698/1/121

Act

Act James Browne

Anent the petitione given in to The Lords of his majesties privie Cownsell be James Browne sone to Patrick Browne Shewing that by ther Lordships Jwstice and comiseratione to the petitioners poor and destitute State on Twesday Last was most graciowsely pleased to take off his banishment and Sisted executione against him for his fyne and allowed him to persew the compt and reckning betwixt Foverane and him befor The Lords of Sessione or any Judge ordinarie and ordained ther Lordships clerks to give the petitioner up his Sumonds of compt and reckning for that effect But ther Lordships Superceeded to give answer to the giveing up of his dispositione Consigned in ther Lordships clerks hands And also the ordaining of Foverane to give up the petitionres cloathes chists and the money he tooke out of them As the petitioner prayes God reward ther Lordships for the patience and trouble ther Lordships Shewed in the redressing the hard measures the petitioner wnderwent Through Foveranes malice in the measure ther Lordships have bein pleased to doe yet he craved most humbly to be allowed to express what necessitie forces him to represent to ther Lordshisp That the hardships of his circumstances by the debt he hes contracted for his necessar Subsistance does render it a most difficult thing to the petitioner to obtaine so much money as the extracting ther Lordships Late graciows interloqwitor If so be ther Lordships Justice and Comiseratione does not ordaine the deliverie to the petitioner of his dispositione and the recept he consigned in ther Lordships clerks hands wher by he may be rehabilitat as to his credit Foverane in Justice can complaine nothing therof Since it appears evidently that a period of compt and reckning of his intromissiones with his bwssines will not State the petitioner debitor to him in twentie pwnd Scotts As is cleare by the Shirreff of Aberdeene his report Ther Lordships the petitioner hopes will find it reasoneable and Jwst also that Foveranes humore and malice Should not be allowed heaviely to prejudge the petitioner a poor man when nether his own interest nor Justice can be served by it as is cleare if he Should retaine these corruptable things of themselves the petitioners cloathes particularly and two or thrie chists And therfore humbly craving ther Lordships in Commiseratione and Justice to ordaine ther Lordships clerks to deliver up the petitioners dispositione and recept that what ther Lordships hes bein graciously pleased to grant the petitioner may be effectwall to make him in a conditione to insist in a compt and reckning to a period and to have Subsistance in the mean tyme for without the dispositione and recept the petitioner cannot have the credit of a Sixpence to extract ther Lordships act As also to ordaine Foverane to Deliver up the petitioners cloathes and chists Seing they can be of no wse to him But raither rott in his custodie As the said petitione Beares The saids Lords of his majesties privie Counsell haveing considered the above petitione and answers therto by way of petitione by The Laird of Foverane They heirby refwise the desyre of both the petitioners But decernes and ordaines Samwell Forbes of Foverane to deliver to James Browne the petitioner his chist which was taken from him by Foverane with all that was them the tyme that Foverane took the Same And ordaines Letters of Horneing on Fifetein dayes and others neidfull to be direct heiron in forme as effeirs

Att Edinburgh the Eightein day of Janwary Jaj vic nyntie eight yeirs

D1698/1/121

Act

Act James Browne

Anent the petitione given in to The Lords of his majesties privie Cownsell be James Browne sone to Patrick Browne Shewing that by ther Lordships Jwstice and comiseratione to the petitioners poor and destitute State on Twesday Last was most graciowsely pleased to take off his banishment and Sisted executione against him for his fyne and allowed him to persew the compt and reckning betwixt Foverane and him befor The Lords of Sessione or any Judge ordinarie and ordained ther Lordships clerks to give the petitioner up his Sumonds of compt and reckning for that effect But ther Lordships Superceeded to give answer to the giveing up of his dispositione Consigned in ther Lordships clerks hands And also the ordaining of Foverane to give up the petitionres cloathes chists and the money he tooke out of them As the petitioner prayes God reward ther Lordships for the patience and trouble ther Lordships Shewed in the redressing the hard measures the petitioner wnderwent Through Foveranes malice in the measure ther Lordships have bein pleased to doe yet he craved most humbly to be allowed to express what necessitie forces him to represent to ther Lordshisp That the hardships of his circumstances by the debt he hes contracted for his necessar Subsistance does render it a most difficult thing to the petitioner to obtaine so much money as the extracting ther Lordships Late graciows interloqwitor If so be ther Lordships Justice and Comiseratione does not ordaine the deliverie to the petitioner of his dispositione and the recept he consigned in ther Lordships clerks hands wher by he may be rehabilitat as to his credit Foverane in Justice can complaine nothing therof Since it appears evidently that a period of compt and reckning of his intromissiones with his bwssines will not State the petitioner debitor to him in twentie pwnd Scotts As is cleare by the Shirreff of Aberdeene his report Ther Lordships the petitioner hopes will find it reasoneable and Jwst also that Foveranes humore and malice Should not be allowed heaviely to prejudge the petitioner a poor man when nether his own interest nor Justice can be served by it as is cleare if he Should retaine these corruptable things of themselves the petitioners cloathes particularly and two or thrie chists And therfore humbly craving ther Lordships in Commiseratione and Justice to ordaine ther Lordships clerks to deliver up the petitioners dispositione and recept that what ther Lordships hes bein graciously pleased to grant the petitioner may be effectwall to make him in a conditione to insist in a compt and reckning to a period and to have Subsistance in the mean tyme for without the dispositione and recept the petitioner cannot have the credit of a Sixpence to extract ther Lordships act As also to ordaine Foverane to Deliver up the petitioners cloathes and chists Seing they can be of no wse to him But raither rott in his custodie As the said petitione Beares The saids Lords of his majesties privie Counsell haveing considered the above petitione and answers therto by way of petitione by The Laird of Foverane They heirby refwise the desyre of both the petitioners But decernes and ordaines Samwell Forbes of Foverane to deliver to James Browne the petitioner his chist which was taken from him by Foverane with all that was them the tyme that Foverane took the Same And ordaines Letters of Horneing on Fifetein dayes and others neidfull to be direct heiron in forme as effeirs

1. NRS, PC2/27, 72r-72v.

1. NRS, PC2/27, 72r-72v.

Sederunt, 18 January 1698, Edinburgh

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Att Edinburgh the Eightein day of Janwary Jaj vic nyntie eight yeirs1

D1698/1/112

Sederunt

Lord Chancellor; Earl of Mellvill; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Rwglen; Viscount Tarbat; Lord Montgomry; Lord Forbess; Lord Ross; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Laird of Grant; Laird of Pollock; Laird of Blackbarrony; Laird of Stevensone; Sir Patrick Murray

Att Edinburgh the Eightein day of Janwary Jaj vic nyntie eight yeirs1

D1698/1/112

Sederunt

Lord Chancellor; Earl of Mellvill; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Rwglen; Viscount Tarbat; Lord Montgomry; Lord Forbess; Lord Ross; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Laird of Grant; Laird of Pollock; Laird of Blackbarrony; Laird of Stevensone; Sir Patrick Murray

1. NRS, PC2/27, 71v.

2. NRS, PC2/27, 71v.

1. NRS, PC2/27, 71v.

2. NRS, PC2/27, 71v.

Act, 18 January 1698, Edinburgh

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Att Edinburgh The Eigteenth Day of January Jaj vjc nyntie Eight years

A1698/1/181

Act

Act allowing Mr George Brown To Return to Edinburgh

Anent The Petition Given in To the Lords of his Majesties privy Councill By Mr George Brown minister of the Gospell Shewing That Whereas upon the seventh of May 1692 Ther Lordships Petitioner (with severall others Episcopall ministers) was by ane act of privie Councill Banished The Town and Suburbs of Edinburgh, The Petitioner adventured upon the Clemency of the Privy Councill To Return after a years Banishment as others did, without a Licence Wherupon he was putt in prison By provost Chaisly his order And There Detained till he Gave Bond and Caution not to return to the Town and Suburbs without their Lordships Licence obtained to that Effect And now ther Petitioners Wife being very valitudinary and standing greatly in need to be near her friends and Phisicians And Therfore humbly craving to the Effect underwrittin as the said Petition Bears. The saids Lords of his Majesties privy Councill Having Considered the above petition Given in to them be the within Mr George Brown They doe heirby Recall ther former sentence of Banishment pronunced against the said Petitioner and Declares him quite therof and free therfrae as it hade been never Given nor pronunced and allowes the petitioner to return to Edinburgh or any other where as others of his Majesties subjects He first before Extracting heirof Giving Bond and finding sufficient Caution acted in the Books of his Majesties privy Councill That he shall not preach Baptize Marrie or Exercise any part of his ministeriall functione within the Burgh of Edinburgh nor within the priviledges Suburbs pairts and pertinents thereof or any other where within this Kingdom untill he be Qualified by Law under the penalty of Two Thousand merks Scots toties Quoties in caice he shall transgress any pairt of the premiss And ordains The Magistrats of Edinburgh To deliver the Bond taken be them from him.

Att Edinburgh The Eigteenth Day of January Jaj vjc nyntie Eight years

A1698/1/181

Act

Act allowing Mr George Brown To Return to Edinburgh

Anent The Petition Given in To the Lords of his Majesties privy Councill By Mr George Brown minister of the Gospell Shewing That Whereas upon the seventh of May 1692 Ther Lordships Petitioner (with severall others Episcopall ministers) was by ane act of privie Councill Banished The Town and Suburbs of Edinburgh, The Petitioner adventured upon the Clemency of the Privy Councill To Return after a years Banishment as others did, without a Licence Wherupon he was putt in prison By provost Chaisly his order And There Detained till he Gave Bond and Caution not to return to the Town and Suburbs without their Lordships Licence obtained to that Effect And now ther Petitioners Wife being very valitudinary and standing greatly in need to be near her friends and Phisicians And Therfore humbly craving to the Effect underwrittin as the said Petition Bears. The saids Lords of his Majesties privy Councill Having Considered the above petition Given in to them be the within Mr George Brown They doe heirby Recall ther former sentence of Banishment pronunced against the said Petitioner and Declares him quite therof and free therfrae as it hade been never Given nor pronunced and allowes the petitioner to return to Edinburgh or any other where as others of his Majesties subjects He first before Extracting heirof Giving Bond and finding sufficient Caution acted in the Books of his Majesties privy Councill That he shall not preach Baptize Marrie or Exercise any part of his ministeriall functione within the Burgh of Edinburgh nor within the priviledges Suburbs pairts and pertinents thereof or any other where within this Kingdom untill he be Qualified by Law under the penalty of Two Thousand merks Scots toties Quoties in caice he shall transgress any pairt of the premiss And ordains The Magistrats of Edinburgh To deliver the Bond taken be them from him.

1. NRS, PC1/51, 334.

1. NRS, PC1/51, 334.

Act, 18 January 1698, Edinburgh

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Att Edinburgh The Eigteenth Day of January Jaj vjc nyntie Eight years

A1698/1/171

Act

Act For Interring the Countess of Carnwath

Anent The Petition Given in to the Lords of his Majesties privy Councill By John Earle of Carnwath Shewing That Mary Countess of Carnwath The Petitioners Brother having Departed this Life and her said husband Being Buried In the Abbay church of Halyrudehouse and her Relations Being Desyrous to have her body be Interred Besyde her husband And Therfore Humbly craving to the Effect underwritten as the said Petition Bears. The saids Lords of Privy Councill having Considered the above Petition Given in to them by John Earle of Carnwath They doe heirby Recommend to her Grace the Dutches of Hamiltoun And in her Absence Gives order and warrant to John Hamiltoun her Graces Bailie in the Abbay of Halyrudehouse To suffer and permitt the Corps of Mary Countess of Carnwath Relict of the deceast James Earle of Carnwath to be Interred in the Church of Halyrudehouse beside her husband and this notwithstanding the same Be his Majesties Chappell.

Att Edinburgh The Eigteenth Day of January Jaj vjc nyntie Eight years

A1698/1/171

Act

Act For Interring the Countess of Carnwath

Anent The Petition Given in to the Lords of his Majesties privy Councill By John Earle of Carnwath Shewing That Mary Countess of Carnwath The Petitioners Brother having Departed this Life and her said husband Being Buried In the Abbay church of Halyrudehouse and her Relations Being Desyrous to have her body be Interred Besyde her husband And Therfore Humbly craving to the Effect underwritten as the said Petition Bears. The saids Lords of Privy Councill having Considered the above Petition Given in to them by John Earle of Carnwath They doe heirby Recommend to her Grace the Dutches of Hamiltoun And in her Absence Gives order and warrant to John Hamiltoun her Graces Bailie in the Abbay of Halyrudehouse To suffer and permitt the Corps of Mary Countess of Carnwath Relict of the deceast James Earle of Carnwath to be Interred in the Church of Halyrudehouse beside her husband and this notwithstanding the same Be his Majesties Chappell.

1. NRS, PC1/51, 333-4.

1. NRS, PC1/51, 333-4.

Commission by the Council, 18 January 1698, Edinburgh

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Att Edinburgh The Eigteenth Day of January Jaj vjc nyntie Eight years

A1698/1/161

Commission by the Council

Commission To Colonell Dalziell anent the Frazers

The Lords of his Majesties privy Councill Considering That Thomas and Simeons Frasers Elder and younger of Beufort were Duely and orderly Denunced Rebells for Convocating in armes To the number of four or five Hundred men of ther name and Clan and other Louse and Lawless persones And for not laying down Ther armes and Submitting themselves to Law and Entring ther persones In prison to abide and underly the same And the saids Beuforts and severall of ther accomplices yet persisting and Continueing in the forsaid rebellion and Traterous and wicked practises His majesty hath Declared his pleasure That These who In so open and hainows a manner act against the Laws and quiet and peace of this Kingdom should be Brought to Due punishment and for that Effect That all diligence possible be used To apprehend the said Thomas and Simeon Frasers with such of ther accomplices as doe not obey the said Charge and Lay down ther armes within the Tyme therein prefixt or such of the persons forsaids who doe still Continue in armes Therfore The Lords of his Majesties privy Councill have Thought fitt to Give and Grant And Doe heirby Give full power warrand and Commission To Leivtennent Collonell […] Dalziell Leivetenent Colonell To the Regiment under the Command of Collonell Archibald Row and all officers and Souldiers of the said Regiment under his Command Having his orders for that Effect To pass search for seize and aprhend the said Thomas and Simeon Frasers and ther accomplices Traitors and Rebells forsaids and Bring them In Dead or alive and to give such necessary orders to any others of his Majesties forces lying att Inverness and the officers Comanding them for Executing the premisses as he shall think fitt as also to Call and Require the Sheriffs of the Sheriffdomes of Perth Murray and Inverness with such a number of the heretors fencible men and ther Tennents under such Leaders as are in use To Command them In such caices or such a number of the said men with their Leaders within any of the said Respective Shires as the said Leivetennent Colonell Shall find needfull To Come furth in armes in feir of weir and Join and assist him In Execution of the premises or to act seperatly by themselves By and according to such orders and directions as they or any number of them shall receave from the said Levtenent Collonell who is heirby sufficiently Impowred To Grant the same as he sees cause untill the saids Traitors and Rebells be Effectually subdued and Reduced and the persons of the saids Thomas and Simeon Frasers apprehended and Brought In Dead or alive with power also to the said Livtenant Collonell Dalziell To putt Competent Garrisons in any houses or Castles Belonging To the said Thomas and Simeon Frasers or any of their accomplices Declared Rebells as said is or in any houses Belonging to the Lady Lovite seing she and her Tutors hes Consented thereto And Likeways To setle Garrisons In the houses of any other heretors in that Countrey who shall Desyre or Consent to the same Declaring That Whatever slaughter mutilation Blood fire raising or other violence shall happen To be acted Done and Committed by all or any of the forsaids persones heirby authorized to march against the saids Rebells or to Joyn and assist In seizeing Reducing and bringing them in dead or alive as said is. The same shall be holden as Laufull good and warrantable service to his majestie and his Government and the actors and accessories thereto shall be and are heirby fully Indemnified and secured thereanent to all Intents and purposes sic subscribitur Marchmont Cancellar Melvill P Lauderdale Ruglen Tarbat Forbes Montgomrie James Steuart J Hamiltone W Anstruther Robert Sinclair Patrick Murray.

Att Edinburgh The Eigteenth Day of January Jaj vjc nyntie Eight years

A1698/1/161

Commission by the Council

Commission To Colonell Dalziell anent the Frazers

The Lords of his Majesties privy Councill Considering That Thomas and Simeons Frasers Elder and younger of Beufort were Duely and orderly Denunced Rebells for Convocating in armes To the number of four or five Hundred men of ther name and Clan and other Louse and Lawless persones And for not laying down Ther armes and Submitting themselves to Law and Entring ther persones In prison to abide and underly the same And the saids Beuforts and severall of ther accomplices yet persisting and Continueing in the forsaid rebellion and Traterous and wicked practises His majesty hath Declared his pleasure That These who In so open and hainows a manner act against the Laws and quiet and peace of this Kingdom should be Brought to Due punishment and for that Effect That all diligence possible be used To apprehend the said Thomas and Simeon Frasers with such of ther accomplices as doe not obey the said Charge and Lay down ther armes within the Tyme therein prefixt or such of the persons forsaids who doe still Continue in armes Therfore The Lords of his Majesties privy Councill have Thought fitt to Give and Grant And Doe heirby Give full power warrand and Commission To Leivtennent Collonell […] Dalziell Leivetenent Colonell To the Regiment under the Command of Collonell Archibald Row and all officers and Souldiers of the said Regiment under his Command Having his orders for that Effect To pass search for seize and aprhend the said Thomas and Simeon Frasers and ther accomplices Traitors and Rebells forsaids and Bring them In Dead or alive and to give such necessary orders to any others of his Majesties forces lying att Inverness and the officers Comanding them for Executing the premisses as he shall think fitt as also to Call and Require the Sheriffs of the Sheriffdomes of Perth Murray and Inverness with such a number of the heretors fencible men and ther Tennents under such Leaders as are in use To Command them In such caices or such a number of the said men with their Leaders within any of the said Respective Shires as the said Leivetennent Colonell Shall find needfull To Come furth in armes in feir of weir and Join and assist him In Execution of the premises or to act seperatly by themselves By and according to such orders and directions as they or any number of them shall receave from the said Levtenent Collonell who is heirby sufficiently Impowred To Grant the same as he sees cause untill the saids Traitors and Rebells be Effectually subdued and Reduced and the persons of the saids Thomas and Simeon Frasers apprehended and Brought In Dead or alive with power also to the said Livtenant Collonell Dalziell To putt Competent Garrisons in any houses or Castles Belonging To the said Thomas and Simeon Frasers or any of their accomplices Declared Rebells as said is or in any houses Belonging to the Lady Lovite seing she and her Tutors hes Consented thereto And Likeways To setle Garrisons In the houses of any other heretors in that Countrey who shall Desyre or Consent to the same Declaring That Whatever slaughter mutilation Blood fire raising or other violence shall happen To be acted Done and Committed by all or any of the forsaids persones heirby authorized to march against the saids Rebells or to Joyn and assist In seizeing Reducing and bringing them in dead or alive as said is. The same shall be holden as Laufull good and warrantable service to his majestie and his Government and the actors and accessories thereto shall be and are heirby fully Indemnified and secured thereanent to all Intents and purposes sic subscribitur Marchmont Cancellar Melvill P Lauderdale Ruglen Tarbat Forbes Montgomrie James Steuart J Hamiltone W Anstruther Robert Sinclair Patrick Murray.

1. NRS, PC1/51, 332-3.

1. NRS, PC1/51, 332-3.

Sederunt, 18 January 1698, Edinburgh

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Att Edinburgh The Eigteenth Day of January Jaj vjc nyntie Eight years1

A1698/1/152

Sederunt

Lord Chancellor; Earl of Melvill P.C.; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Ruglen; Viscount Tarbat; Lord Montgomerie; Lord Forbes; Lord Ross; Lord Advocat; Lord Philiphaugh; Lord Halcraig; Lord Anstruther; Laird of Grant; Laird of Pollock; Laird of Blackbarrony; Laird of Stevenson; Sir Patrick Murray

Att Edinburgh The Eigteenth Day of January Jaj vjc nyntie Eight years1

A1698/1/152

Sederunt

Lord Chancellor; Earl of Melvill P.C.; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Ruglen; Viscount Tarbat; Lord Montgomerie; Lord Forbes; Lord Ross; Lord Advocat; Lord Philiphaugh; Lord Halcraig; Lord Anstruther; Laird of Grant; Laird of Pollock; Laird of Blackbarrony; Laird of Stevenson; Sir Patrick Murray

1. NRS, PC1/51, 331.

2. NRS, PC1/51, 332.

1. NRS, PC1/51, 331.

2. NRS, PC1/51, 332.