Tag Archives: 2 February 1697

Act, 2 February 1697, Edinburgh

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Att Edinburgh the Second day of Febrwary Jaj vic nyntie Seven yeirs

D1697/2/41

Act

Act Magistrats of Edinburgh anent whores

Anent the petitione given in to the Lords of his majesties privie Cownsell be The magistrats of Edinburgh Shewing That wher ther are severall whores and theeves and other Lowse and vagrant persones lying ther prisoners and haveing called befor them the persones following viz Margaret Taillzer Barbura Donaldsone Jennet Campbell, Barbara Hutton, Jean Mein Margaret Byres Mase Willsone and Elizabeth Creichtoune Comoune whores and theeves As also these following Boyes viz James Ross George Robertsone John Rwssell and James Browne all comoune theeves and haveing interrogat them whither or not they would consent frielie to ther own banishment furth of this kingdome and goe to this majesties plantationes in America They one and all of them frielie and wnanimouselie consented So to Doe As ane testificat Subscribed be Baillie Miller one of ther number therwith produced testifies As the said petitione bears which being this day red and considered be the saids Lords of privie Counsell They heirby banishes all the woemen contained in this petitione to his majesties plantationes in America And also banishes the four boyes mentioned in the said petitione to the said plantatione wnles the Lord Viscount of Tiviot comander in cheiff of his majesties forces with in this kingdome shall engadge any of the saids boyes for his majesties service in Flanders and Shall mentaine these boyes efter he engadges them And ordaines the woemen and boyes foirsaids except as above excepted to be Shipped aboard the first Shipp that Shall be goeing to his majesties said plantationes And discharges the saids woemen and boyes at any tyme herefter to returne to his majesties Dominions wnder all highest paines that efter may follow The saids magistrats of Edinburgh allwayes befor uptracting heirof produceing to the clerks of privie Counsell a consent under the hands of such of the saids woemen and boyes as can write ther own names and under the hand of the towne clerk or his depute and one of the baillies of Edinburgh for Such of them as cannot write themselvs.

Att Edinburgh the Second day of Febrwary Jaj vic nyntie Seven yeirs

D1697/2/41

Act

Act Magistrats of Edinburgh anent whores

Anent the petitione given in to the Lords of his majesties privie Cownsell be The magistrats of Edinburgh Shewing That wher ther are severall whores and theeves and other Lowse and vagrant persones lying ther prisoners and haveing called befor them the persones following viz Margaret Taillzer Barbura Donaldsone Jennet Campbell, Barbara Hutton, Jean Mein Margaret Byres Mase Willsone and Elizabeth Creichtoune Comoune whores and theeves As also these following Boyes viz James Ross George Robertsone John Rwssell and James Browne all comoune theeves and haveing interrogat them whither or not they would consent frielie to ther own banishment furth of this kingdome and goe to this majesties plantationes in America They one and all of them frielie and wnanimouselie consented So to Doe As ane testificat Subscribed be Baillie Miller one of ther number therwith produced testifies As the said petitione bears which being this day red and considered be the saids Lords of privie Counsell They heirby banishes all the woemen contained in this petitione to his majesties plantationes in America And also banishes the four boyes mentioned in the said petitione to the said plantatione wnles the Lord Viscount of Tiviot comander in cheiff of his majesties forces with in this kingdome shall engadge any of the saids boyes for his majesties service in Flanders and Shall mentaine these boyes efter he engadges them And ordaines the woemen and boyes foirsaids except as above excepted to be Shipped aboard the first Shipp that Shall be goeing to his majesties said plantationes And discharges the saids woemen and boyes at any tyme herefter to returne to his majesties Dominions wnder all highest paines that efter may follow The saids magistrats of Edinburgh allwayes befor uptracting heirof produceing to the clerks of privie Counsell a consent under the hands of such of the saids woemen and boyes as can write ther own names and under the hand of the towne clerk or his depute and one of the baillies of Edinburgh for Such of them as cannot write themselvs.

1. NRS, PC2/26, 328v-329r.

1. NRS, PC2/26, 328v-329r.

Decreet, 2 February 1697, Edinburgh

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Att Edinburgh the Second day of Febrwary Jaj vic nyntie Seven yeirs

D1697/2/31

Decreet

Decreit Jack Against Patersone

Anent the bill of Suspensione given in and presented to the Lords of his majesties privie Counsell at the instance of James Patersone of Biggersheills Andrew Taillfer and William Watsone in Westrae George Kello in Carrwood John Threipland in Spitle and John Willsone in Toft Cames Against Mr William Jack Late minister at Bigger Shewing That wher they are charged be vertue of Letters of horneing raised at the said Mr William Jacks instance to make payment to him of ther respective proportiones of Stipend wnderurittin payable furth of the Lands and others possest be them Cropt and yeir of God Jaj vic nyntie one yeirs Viz the said James Patersone of the Soume of Ane Hundereth merks Scotts money the saids Andrew Taillfer and William Watsone of the numbers and qwantitie of Fifftein bolls good and Sufficient Victwall two pairt meall and third pairt bear Linlithgow measure Item the said George Kello of the Soume of Fifftie merks Scotts Item the said John Threipland of the Soume of twentie merks Scotts money And the said John Willsone of the number and qwantitie of Four bolls victwall good and Sufficient of the mett and measure of Linlithgow wherof two pairt meall and third pairt bear Contained in ane Decreit of Localitie obtained befor the Commissioners of parliament for Surrender of teinds at the instance of Mr Alexander Livingstowne then minister at Bigger against the Earle of Wigtowne and others dated the threttein day of Febrwarie Jaj vic and Fifftie yeirs and ther Lordships act of Counsell in favoures of the said charger Dated the twentie eight of Jwne Jaj vic nyntie two years within ane certaine Short Space under the paine of rebellion and putting of them to the horne Most wrongouslie and wnjustlie Considering it is of veritie that the foirsaid charge is most growndles and wnjust in So farr as they allwayes being in wse to make payment of ther proportiones of teind and Stipend to the Earle of Wigtowne his chamberlands who constantlie payed the ministers without any more trouble Did make payment of the proportiones of teind and Stipend charged for to Alexander Wardlaw baillie to the Earle of Wigtowne and procured his discharges therof Long befor any act in the chargers favoures as the severall recepts granted to them therwith produced bears And which soe will consists with the chargers own knowledge that though he served the cure amongst them thrie yeirs efter he never so much as qwarrelled the said payment But receaved his thrie yeirs Stipend and granted Discharges therof verie pleaseantlie As the discharges produced bears which in Law is presumed Satisfactione for all preceedeings And it is thought Strange with what confidence this charger can now trouble them for that pairt of the vaccant Stipend which he knowes was bona fide payed by them to the chamberland to the Earle of Wigtowne wndoubted patron of the paroch kirk of Biggar and imployed by him for piows uses uithin the paroch Conforme to the act of parliament Viz The reparatione of the kirk of Biggar and manse which was then almost rwinous And which act of Counsell could never have bein obtained at this chargers instance upon any other accompt then for reparatione of the kirk and Manse or some other piows wses within the paroch and which ther Lordships were so Jwst as to burden his act with Soe that he can never pretend any Damnadge Seing what Stipend was payed was imployed that Same way And he had bwt Litle Left to him to doe owt of the whole remainder of the said Stipend that he uplifted Sot that the said charger owght to be So farr from molesting them for that pairt of the vaccant Stipend he knowes to be So well imployed and which he never could have right to that he owght to hold accompt to the patron for the Superplus of what Stipend he uplifted be vertue of the said act more then compleated the reparatione of the said kirk and manse and that the samen may be yet imployed upon other piows wses within the paroch In respect of all which the foirsaids Letters ought to be Suspended without cautione or consignatione Nevertheles they are content to find cautione As the said bill of Suspensione at more length bears which bill of Suspensione being read in presence of the saids Lords of privie Cownsell they Sisted executione theron till ane certaine day and allowed the charger to Sie and ansuer the Same And the said charger haveing taken up the said bill to Sie Gave in ansuers therto And the said bill and ansuers being both upon the nynth Say of Jully Jaj vic nyntie Six read in presence of the Saids Lords of privie Counsell and both pairties being called the Said James Patersone and remanent persones Suspenders Compeareing be Sir Patrick Home his majesties Sollicitor as ther advocat And the said Mr William Jack charger Compeareing be Sir James Stewart his majesties advocat And both pairties Lawiers being fullie heard and the Counsell haveing considered the writes prodwced for aither pairtie the saids Lords Fand it relevant to be proven by the said Mr William Jack charger his oath of veritie Simpliciter that he promised to the Earle of Wigtownes freinds that he Should not trouble any of the Earles tennents of his own Lands for any pairt of the Stipend And ordained the tenents Suspenders to give ther oaths that they actwallie made payment of the Soumes contained in the discharges produced befor they were charged to make payment of the Soumes charged for to the said Mr William Jack charger and assigned ane certaine day to both the charger and Suspenders to have compeared and Deponed upon the points foirsaid with certification etc Efter elapseing of the which day assigned to both pairties to have Deponed as said is Compeared the said Mr William Jack charger in presence of The Lord Carmichael one of the Saids Lords of privie Counsell And being Solemnly Sworne interrogat and examined upon his great oath Depones and declaires that he never made any Such promise and that the Same was never So much as requyred by any persone whatsoever And Declaires and depones that what he hes said is trwth as he Shall ansuer to God which oath and Depositione of the said Mr William Jack being this day at Lenth read and considered be the saids Lords of privie Counsell they find that the samen proves not the point fownd relevant to be proven therby And the saids Suspenders being this day often tymes called and give ther oaths upon the points wherupon the2 Should have Deponed they faillzed theruntill as was clearlie wnderstood to the Saids Lords And therfore they circumdwoed the terme against the saids Suspenders and held them as confest and gave and proununced ther Decreit and Sentance against them And fand the Letters orderlie proceeded at the chargers instance against the saids Suspenders for the Sowmes of money qwantities of victwall charged for contained in the foirsaid decreit charged on And ordains the Samen to take effect and be putt to furder executione efter the forme and tenor therof in all points And Superceeded the extracting of this Decreit till this Day eight dayes And if the Suspenders Should come betuixt and that tyme allowed ther oaths to be receaved which tyme being elapsed befor extracting heirof the Suspenders Compeared not

Att Edinburgh the Second day of Febrwary Jaj vic nyntie Seven yeirs

D1697/2/31

Decreet

Decreit Jack Against Patersone

Anent the bill of Suspensione given in and presented to the Lords of his majesties privie Counsell at the instance of James Patersone of Biggersheills Andrew Taillfer and William Watsone in Westrae George Kello in Carrwood John Threipland in Spitle and John Willsone in Toft Cames Against Mr William Jack Late minister at Bigger Shewing That wher they are charged be vertue of Letters of horneing raised at the said Mr William Jacks instance to make payment to him of ther respective proportiones of Stipend wnderurittin payable furth of the Lands and others possest be them Cropt and yeir of God Jaj vic nyntie one yeirs Viz the said James Patersone of the Soume of Ane Hundereth merks Scotts money the saids Andrew Taillfer and William Watsone of the numbers and qwantitie of Fifftein bolls good and Sufficient Victwall two pairt meall and third pairt bear Linlithgow measure Item the said George Kello of the Soume of Fifftie merks Scotts Item the said John Threipland of the Soume of twentie merks Scotts money And the said John Willsone of the number and qwantitie of Four bolls victwall good and Sufficient of the mett and measure of Linlithgow wherof two pairt meall and third pairt bear Contained in ane Decreit of Localitie obtained befor the Commissioners of parliament for Surrender of teinds at the instance of Mr Alexander Livingstowne then minister at Bigger against the Earle of Wigtowne and others dated the threttein day of Febrwarie Jaj vic and Fifftie yeirs and ther Lordships act of Counsell in favoures of the said charger Dated the twentie eight of Jwne Jaj vic nyntie two years within ane certaine Short Space under the paine of rebellion and putting of them to the horne Most wrongouslie and wnjustlie Considering it is of veritie that the foirsaid charge is most growndles and wnjust in So farr as they allwayes being in wse to make payment of ther proportiones of teind and Stipend to the Earle of Wigtowne his chamberlands who constantlie payed the ministers without any more trouble Did make payment of the proportiones of teind and Stipend charged for to Alexander Wardlaw baillie to the Earle of Wigtowne and procured his discharges therof Long befor any act in the chargers favoures as the severall recepts granted to them therwith produced bears And which soe will consists with the chargers own knowledge that though he served the cure amongst them thrie yeirs efter he never so much as qwarrelled the said payment But receaved his thrie yeirs Stipend and granted Discharges therof verie pleaseantlie As the discharges produced bears which in Law is presumed Satisfactione for all preceedeings And it is thought Strange with what confidence this charger can now trouble them for that pairt of the vaccant Stipend which he knowes was bona fide payed by them to the chamberland to the Earle of Wigtowne wndoubted patron of the paroch kirk of Biggar and imployed by him for piows uses uithin the paroch Conforme to the act of parliament Viz The reparatione of the kirk of Biggar and manse which was then almost rwinous And which act of Counsell could never have bein obtained at this chargers instance upon any other accompt then for reparatione of the kirk and Manse or some other piows wses within the paroch and which ther Lordships were so Jwst as to burden his act with Soe that he can never pretend any Damnadge Seing what Stipend was payed was imployed that Same way And he had bwt Litle Left to him to doe owt of the whole remainder of the said Stipend that he uplifted Sot that the said charger owght to be So farr from molesting them for that pairt of the vaccant Stipend he knowes to be So well imployed and which he never could have right to that he owght to hold accompt to the patron for the Superplus of what Stipend he uplifted be vertue of the said act more then compleated the reparatione of the said kirk and manse and that the samen may be yet imployed upon other piows wses within the paroch In respect of all which the foirsaids Letters ought to be Suspended without cautione or consignatione Nevertheles they are content to find cautione As the said bill of Suspensione at more length bears which bill of Suspensione being read in presence of the saids Lords of privie Cownsell they Sisted executione theron till ane certaine day and allowed the charger to Sie and ansuer the Same And the said charger haveing taken up the said bill to Sie Gave in ansuers therto And the said bill and ansuers being both upon the nynth Say of Jully Jaj vic nyntie Six read in presence of the Saids Lords of privie Counsell and both pairties being called the Said James Patersone and remanent persones Suspenders Compeareing be Sir Patrick Home his majesties Sollicitor as ther advocat And the said Mr William Jack charger Compeareing be Sir James Stewart his majesties advocat And both pairties Lawiers being fullie heard and the Counsell haveing considered the writes prodwced for aither pairtie the saids Lords Fand it relevant to be proven by the said Mr William Jack charger his oath of veritie Simpliciter that he promised to the Earle of Wigtownes freinds that he Should not trouble any of the Earles tennents of his own Lands for any pairt of the Stipend And ordained the tenents Suspenders to give ther oaths that they actwallie made payment of the Soumes contained in the discharges produced befor they were charged to make payment of the Soumes charged for to the said Mr William Jack charger and assigned ane certaine day to both the charger and Suspenders to have compeared and Deponed upon the points foirsaid with certification etc Efter elapseing of the which day assigned to both pairties to have Deponed as said is Compeared the said Mr William Jack charger in presence of The Lord Carmichael one of the Saids Lords of privie Counsell And being Solemnly Sworne interrogat and examined upon his great oath Depones and declaires that he never made any Such promise and that the Same was never So much as requyred by any persone whatsoever And Declaires and depones that what he hes said is trwth as he Shall ansuer to God which oath and Depositione of the said Mr William Jack being this day at Lenth read and considered be the saids Lords of privie Counsell they find that the samen proves not the point fownd relevant to be proven therby And the saids Suspenders being this day often tymes called and give ther oaths upon the points wherupon the2 Should have Deponed they faillzed theruntill as was clearlie wnderstood to the Saids Lords And therfore they circumdwoed the terme against the saids Suspenders and held them as confest and gave and proununced ther Decreit and Sentance against them And fand the Letters orderlie proceeded at the chargers instance against the saids Suspenders for the Sowmes of money qwantities of victwall charged for contained in the foirsaid decreit charged on And ordains the Samen to take effect and be putt to furder executione efter the forme and tenor therof in all points And Superceeded the extracting of this Decreit till this Day eight dayes And if the Suspenders Should come betuixt and that tyme allowed ther oaths to be receaved which tyme being elapsed befor extracting heirof the Suspenders Compeared not

1. NRS, PC2/26, 326v-328v.

2. Sic.

1. NRS, PC2/26, 326v-328v.

2. Sic.

Act, 2 February 1697, Edinburgh

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Att Edinburgh the Second day of Febrwary Jaj vic nyntie Seven yeirs

D1697/2/21

Act

Act James Hamilton

Anent the petitione given in to the Lords of his majesties privie Counsell be James Hamiltoune keeper of the Cannogate tollbwith Shewing That wheras ther Lordships appointed the petitioner to Sie and ansuer a complaint given in by Serjeant Ker complaining of the petitioners Detaineing him for his house Dwes contrair to ane Late act of ther Lordships Saying he is a recrwit goeing to Flanders The petitioner craves Libertie to make this Short ansuer to what is falselie said This gentleman Mr Ker was imprisoned by Major Generall Livingstowne now Viscount of Tiviot for assaulting Captain Lockhart upon the Street upon the Last day of March Jaj vic nyntie six Since which tyme the petitioner hes alimented him and yet never saw one farthing for his said aliment and now he sayes he will pay the petitioner his aliment But not one farthing Dwes And this he seeks of ther Lordships to be Sett at Libertie which the petitioner hopes ther Lordships will not grant till he be satisfied of his aliment and house Dues what is Jwst Because the petitioner hes no recomendatione to the Lords of Thesaurie for him And as for his being a recrwite it is bwt within this ten dayes that he hes consented to goe abroad So that if the petitioner be payed of his aliment and Dwes till that tyme he Shall have the benefite of a recrwite So the petitioner hopes ther Lordships will order him payment befor his Liberatione he is ingadged with one Lievetenent Clerk in Collonell Coalziers regiment The saids Lords of his majesties privie Counsell haveing considered the above petitione given in to them be the above James Hamiltowne They heirby remitt to The Lord Viscownt of Tiviot to consider the petitione and to Doe therin as he shall find Jwst And upon his Lordships modificatione of Serjeant Kers house Dwes And the Serjeants payment therof and of his aliment ordaines the Serjeant to be sett att Liberty Conforme to the former order of Cowncell

Att Edinburgh the Second day of Febrwary Jaj vic nyntie Seven yeirs

D1697/2/21

Act

Act James Hamilton

Anent the petitione given in to the Lords of his majesties privie Counsell be James Hamiltoune keeper of the Cannogate tollbwith Shewing That wheras ther Lordships appointed the petitioner to Sie and ansuer a complaint given in by Serjeant Ker complaining of the petitioners Detaineing him for his house Dwes contrair to ane Late act of ther Lordships Saying he is a recrwit goeing to Flanders The petitioner craves Libertie to make this Short ansuer to what is falselie said This gentleman Mr Ker was imprisoned by Major Generall Livingstowne now Viscount of Tiviot for assaulting Captain Lockhart upon the Street upon the Last day of March Jaj vic nyntie six Since which tyme the petitioner hes alimented him and yet never saw one farthing for his said aliment and now he sayes he will pay the petitioner his aliment But not one farthing Dwes And this he seeks of ther Lordships to be Sett at Libertie which the petitioner hopes ther Lordships will not grant till he be satisfied of his aliment and house Dues what is Jwst Because the petitioner hes no recomendatione to the Lords of Thesaurie for him And as for his being a recrwite it is bwt within this ten dayes that he hes consented to goe abroad So that if the petitioner be payed of his aliment and Dwes till that tyme he Shall have the benefite of a recrwite So the petitioner hopes ther Lordships will order him payment befor his Liberatione he is ingadged with one Lievetenent Clerk in Collonell Coalziers regiment The saids Lords of his majesties privie Counsell haveing considered the above petitione given in to them be the above James Hamiltowne They heirby remitt to The Lord Viscownt of Tiviot to consider the petitione and to Doe therin as he shall find Jwst And upon his Lordships modificatione of Serjeant Kers house Dwes And the Serjeants payment therof and of his aliment ordaines the Serjeant to be sett att Liberty Conforme to the former order of Cowncell

1. NRS, PC2/26, 325v-326r.

1. NRS, PC2/26, 325v-326r.

Sederunt, 2 February 1697, Edinburgh

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Att Edinburgh the Second day of Febrwary Jaj vic nyntie Seven yeirs1

D1697/2/12

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Argyll; Earl of Annandale; Earl of Forfar; Lord Yester; Lord John Hamiltoun; Viscount Tiviot; Lord Montgomery; Lord Raith; Lord Belhaven; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomery; Laird of Pollock; Laird of Blackbarrony; Laird of Stevenson; Proveist of Edinburgh

Att Edinburgh the Second day of Febrwary Jaj vic nyntie Seven yeirs1

D1697/2/12

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Argyll; Earl of Annandale; Earl of Forfar; Lord Yester; Lord John Hamiltoun; Viscount Tiviot; Lord Montgomery; Lord Raith; Lord Belhaven; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomery; Laird of Pollock; Laird of Blackbarrony; Laird of Stevenson; Proveist of Edinburgh

1. NRS, PC2/26, 325v.

2. NRS, PC2/26, 325v.

1. NRS, PC2/26, 325v.

2. NRS, PC2/26, 325v.

Act, 2 February 1697, Edinburgh

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Att Edinburgh the second day of February Jaj vic nyntie seven years

A1697/2/71

Act

Act Banishing Isobell Litlejohn

The Lord Advocat having acquainted the Lords of his Majesties privie Councill that ther is one Isobell Litlejohn Lying prisoner in the tolbooth of Edinburgh as guiltie of supposed Incest with one Mr […] And his Son being brought from Aberdeen and that ther is noe probation against her but her oun Confession And if she retract It will be hard to gett the Crime proven And that ther other Circumstances in her case wherby it will be difficult to gett her condemned to dye And that She is willing to be banished to his Majesties plantations in America And to subsrybe a Consent for that effect If the saids Lords will approve of the same The saids Lords of his Majesties privy Councill Doe heireby allow the said Isobell Litlejohn to be transported to his Majesties plantations in America And ordaines her to be shipped aboard the first ship going for the saids plantations The said Lord Advocat first before extracting hereof producing a Consent under the hands of the said Isobell wherby she Consents to her said Banishment And that She shall not returne to his Majesties dominions under the paine of death And the saids Lords discharges he said Isobell to returne uithing his Majesties saids dominions under the paine of death And ordaines the magistrats of Edinburgh to see this sentence putt in executione.

Att Edinburgh the second day of February Jaj vic nyntie seven years

A1697/2/71

Act

Act Banishing Isobell Litlejohn

The Lord Advocat having acquainted the Lords of his Majesties privie Councill that ther is one Isobell Litlejohn Lying prisoner in the tolbooth of Edinburgh as guiltie of supposed Incest with one Mr […] And his Son being brought from Aberdeen and that ther is noe probation against her but her oun Confession And if she retract It will be hard to gett the Crime proven And that ther other Circumstances in her case wherby it will be difficult to gett her condemned to dye And that She is willing to be banished to his Majesties plantations in America And to subsrybe a Consent for that effect If the saids Lords will approve of the same The saids Lords of his Majesties privy Councill Doe heireby allow the said Isobell Litlejohn to be transported to his Majesties plantations in America And ordaines her to be shipped aboard the first ship going for the saids plantations The said Lord Advocat first before extracting hereof producing a Consent under the hands of the said Isobell wherby she Consents to her said Banishment And that She shall not returne to his Majesties dominions under the paine of death And the saids Lords discharges he said Isobell to returne uithing his Majesties saids dominions under the paine of death And ordaines the magistrats of Edinburgh to see this sentence putt in executione.

1. NRS, PC1/51, 105-6.

1. NRS, PC1/51, 105-6.

Act, 2 February 1697, Edinburgh

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Att Edinburgh the second day of February Jaj vic nyntie seven years

A1697/2/61

Act

Liberation Captain Maitland

Anent the petition given in to the Lords of his Majesties privie Councill By James Maitland prisoner in the tolbooth of Edinburgh Sheuing That wher their Lordships having thought fitt in March last to order the petitioner to be Imprisoned he did then represent the numerousness of his family and his hard Circumstances which was not unknouen to some of their Lordships Number And ther upon their Lordships were pleased to recommend him to the Lords of Thesaury for subsistance who did Grant unto the petitioner ane allouance and ordered the payment therof weekly during his Imprisonment And therafter their Lordships having alloued him to be sett at Libertie upon finding Caution to appear againe when Called The Thesauries Act in his favours did fall In Consequence And seing by their Lordships appointment he uas againe Incarcerat about the beginning of december last uithin the tolbooth of the Cannnongate wher he yet remaines prisoner And that his Circumstances and the Condition of his family is not unknouen having noe fond of subsistance And that the difficulties he and they Labour under doeth obleidge him thus to expose his Case to their Lordships Compassion And therfore humbly Craving to the effect underwryten as the said petition bears The Saids Lords of his Majesties privie Councill having Considered this petitione given in to them by the said Sir George Seatoune of Gairletoune They heirby Give order and warrand to the Magistrats of Edinburgh Baillies of the Cannongate and Keeper of their tolbooth To sett the petitioner at Liberty furth therof In respect he hath given bond and found sufficient Caution acted in the books of privie Councill That he shall Live peacably under and with all Submission to the present government of his Majestie King William And that he shall not Act Consult nor Contryve any thing in prejudice therof nor shall not Converss or Correspond with any rebells And that he shall appear before the saids Lords of his Majesties privy Councill whensoever he shall be Called or required therto under the penaltie of Fiftie pounds Sterling In caise he shall transgress in any part of the premisses And ordaines his former bond to Given up.

Att Edinburgh the second day of February Jaj vic nyntie seven years

A1697/2/61

Act

Liberation Captain Maitland

Anent the petition given in to the Lords of his Majesties privie Councill By James Maitland prisoner in the tolbooth of Edinburgh Sheuing That wher their Lordships having thought fitt in March last to order the petitioner to be Imprisoned he did then represent the numerousness of his family and his hard Circumstances which was not unknouen to some of their Lordships Number And ther upon their Lordships were pleased to recommend him to the Lords of Thesaury for subsistance who did Grant unto the petitioner ane allouance and ordered the payment therof weekly during his Imprisonment And therafter their Lordships having alloued him to be sett at Libertie upon finding Caution to appear againe when Called The Thesauries Act in his favours did fall In Consequence And seing by their Lordships appointment he uas againe Incarcerat about the beginning of december last uithin the tolbooth of the Cannnongate wher he yet remaines prisoner And that his Circumstances and the Condition of his family is not unknouen having noe fond of subsistance And that the difficulties he and they Labour under doeth obleidge him thus to expose his Case to their Lordships Compassion And therfore humbly Craving to the effect underwryten as the said petition bears The Saids Lords of his Majesties privie Councill having Considered this petitione given in to them by the said Sir George Seatoune of Gairletoune They heirby Give order and warrand to the Magistrats of Edinburgh Baillies of the Cannongate and Keeper of their tolbooth To sett the petitioner at Liberty furth therof In respect he hath given bond and found sufficient Caution acted in the books of privie Councill That he shall Live peacably under and with all Submission to the present government of his Majestie King William And that he shall not Act Consult nor Contryve any thing in prejudice therof nor shall not Converss or Correspond with any rebells And that he shall appear before the saids Lords of his Majesties privy Councill whensoever he shall be Called or required therto under the penaltie of Fiftie pounds Sterling In caise he shall transgress in any part of the premisses And ordaines his former bond to Given up.

1. NRS, PC1/51, 105.

1. NRS, PC1/51, 105.

Act, 2 February 1697, Edinburgh

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A1697/2/51

Act

Liberation the Laird of Gairletoun

Anent the petition given in to the Lords of his Majesties privie Councill By Sir George Seatoune of Gairletoun Sheuing That wheras the petitioner having been Imprisoned uithin the tolbooth of the Cannongate wher he hath Continoued a Considerable tyme By which he hath suffered very much in his health he being aluayes tender and valitudinary as also is a Great prejudice to his privat affairs and will be yet a Greater prejudice both to this health and affairs if he be Continoued any Longer in prisone And seing he is willing to find Cautione to appear when called under what penalty their Lordships shall think fitt And therfore humblie Craving to the effect underwryten as the said petitione bears The Saids Lords of his Majesties privie Councill having Considered this petition given in to them by the said Sir George Seatoune of Gairletoune They heirby Give order and warrand to the Magistrats of Edinburgh Baillies of the Cannongate and Keeper of their tolbooth To sett the petitioner at Libertie furth therof In respect he hath Given bond and found sufficient Caution acted in the books of privie Councill That he shall Live peacably under and with all Submission to the present government of his Majestie King William And that he shall not Act Consult nor Contryve any thing in prejudice therof nor shall not Converse or Correspond with any rebells And that he shall appear before the saids Lords whensoever he shall be Called for or required to that effect under the penaltie of ane Thousand pounds Sterling In caise he shall transgress in any part of the premysses And ordaines the petitioners former bond to Given up.

Att Edinburgh the second day of February Jaj vic nyntie seven years

A1697/2/51

Act

Liberation the Laird of Gairletoun

Anent the petition given in to the Lords of his Majesties privie Councill By Sir George Seatoune of Gairletoun Sheuing That wheras the petitioner having been Imprisoned uithin the tolbooth of the Cannongate wher he hath Continoued a Considerable tyme By which he hath suffered very much in his health he being aluayes tender and valitudinary as also is a Great prejudice to his privat affairs and will be yet a Greater prejudice both to this health and affairs if he be Continoued any Longer in prisone And seing he is willing to find Cautione to appear when called under what penalty their Lordships shall think fitt And therfore humblie Craving to the effect underwryten as the said petitione bears The Saids Lords of his Majesties privie Councill having Considered this petition given in to them by the said Sir George Seatoune of Gairletoune They heirby Give order and warrand to the Magistrats of Edinburgh Baillies of the Cannongate and Keeper of their tolbooth To sett the petitioner at Libertie furth therof In respect he hath Given bond and found sufficient Caution acted in the books of privie Councill That he shall Live peacably under and with all Submission to the present government of his Majestie King William And that he shall not Act Consult nor Contryve any thing in prejudice therof nor shall not Converse or Correspond with any rebells And that he shall appear before the saids Lords whensoever he shall be Called for or required to that effect under the penaltie of ane Thousand pounds Sterling In caise he shall transgress in any part of the premysses And ordaines the petitioners former bond to Given up.

1. NRS, PC1/51, 104.

1. NRS, PC1/51, 104.

Act, 2 February 1697, Edinburgh

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A1697/2/41

Act

Liberation Wallace of Elderslie

Anent the petition given in to the Lords of his Majesties privie Counsell By Mr Thomas Wallace of Elderslie Sheuing That the petitioner by his Long Imprisonment hath suffered very much both in his health which at present is very bad And in his affairs Being Incapable of going about to oversee them And he having at all tymes but more particularly upon this Last occasione shouen his punctuall obedience to their Lordships Commissioners in presenting himself and being still willing and doe the samen upon demand And therfore humbly Craving to the effect underwryten as the said petition Bears The Saids Lords of his Majesties privie Councill having Considered this petition given in to them by the said Thomas Wallace of Elderslie They heirby Give order and warrand to the magistrats of Edinburgh Baillies of the Cannongate and Keeper of their tolbooth to sett the petitioner at Libertie furth therof In respect he hath given bond and found sufficient Caution acted in the books of his Majesties privie Councill That he shall Live peacably under and with all submission to the present government of his Majestie King William and that he shall not Act Consult nor Contryve any thing in prejudice therof nor Converse or Correspond with any rebells And that he shall appear before the saids Lords of his Majesties privie Councill whensoever he shall be called for or required to that effect under the penaltie of five hundreth pounds Sterling In caise he shall transgress in any part of the premysses And ordaines his former bond to given up.

Att Edinburgh the second day of February Jaj vic nyntie seven years

A1697/2/41

Act

Liberation Wallace of Elderslie

Anent the petition given in to the Lords of his Majesties privie Counsell By Mr Thomas Wallace of Elderslie Sheuing That the petitioner by his Long Imprisonment hath suffered very much both in his health which at present is very bad And in his affairs Being Incapable of going about to oversee them And he having at all tymes but more particularly upon this Last occasione shouen his punctuall obedience to their Lordships Commissioners in presenting himself and being still willing and doe the samen upon demand And therfore humbly Craving to the effect underwryten as the said petition Bears The Saids Lords of his Majesties privie Councill having Considered this petition given in to them by the said Thomas Wallace of Elderslie They heirby Give order and warrand to the magistrats of Edinburgh Baillies of the Cannongate and Keeper of their tolbooth to sett the petitioner at Libertie furth therof In respect he hath given bond and found sufficient Caution acted in the books of his Majesties privie Councill That he shall Live peacably under and with all submission to the present government of his Majestie King William and that he shall not Act Consult nor Contryve any thing in prejudice therof nor Converse or Correspond with any rebells And that he shall appear before the saids Lords of his Majesties privie Councill whensoever he shall be called for or required to that effect under the penaltie of five hundreth pounds Sterling In caise he shall transgress in any part of the premysses And ordaines his former bond to given up.

1. NRS, PC1/51, 103-4.

1. NRS, PC1/51, 103-4.

Act, 2 February 1697, Edinburgh

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A1697/2/31

Act

Liberation The Earle of Aboyne

Anent the petition given in to the Lords of his Majesties privie Counsell By Charles Earle of Aboyne Sheuing That since their Lordships were pleased to Liberat the petitioner furth of the Castle he hath Still keeped his Confynment in the toune of Edinburgh And not having recovered his health since his said Imprisonment being yet valitudinary And his privat affairs Sustaining great Loss by his absence from Aboyne And seeing the petitioner is Content to find sufficient bale for his peacable deportment and for appearing when called And therfore humbly Craving to the effect underwryten as the said petition bears The Saids Lords of his Majesties privie Councill having Considered this petition given in to them by the said Charles Earle of Aboyne They doe heirby take off the petitioners Confynment And declares him quytt therof and free therfore And alloues him to Goe about his Laufull affairs as any others of his Majesties free Leidges In respect the petitioner before extracting hereof hath Given bond and found sufficient Caution acted in the books of his Majesties privie Counsell That he shall Live peacably under and uith all submission to the present Government of his Majestie King William And that he shall not Act Consult nor Contryve anything in prejudice therof nor shall not Converse or Correspond with any rebells And that he shall appear before the saids Lords of his Majesties privie Counsell whensoever he shall be Called for or required to that effect under the penaltie of ane Thousand pounds Sterling In caise he shall transgress in any part of the premysses And the saids Lords ordaines the petitioners former bond to Given up to him.

Att Edinburgh the second day of February Jaj vic nyntie seven years

A1697/2/31

Act

Liberation The Earle of Aboyne

Anent the petition given in to the Lords of his Majesties privie Counsell By Charles Earle of Aboyne Sheuing That since their Lordships were pleased to Liberat the petitioner furth of the Castle he hath Still keeped his Confynment in the toune of Edinburgh And not having recovered his health since his said Imprisonment being yet valitudinary And his privat affairs Sustaining great Loss by his absence from Aboyne And seeing the petitioner is Content to find sufficient bale for his peacable deportment and for appearing when called And therfore humbly Craving to the effect underwryten as the said petition bears The Saids Lords of his Majesties privie Councill having Considered this petition given in to them by the said Charles Earle of Aboyne They doe heirby take off the petitioners Confynment And declares him quytt therof and free therfore And alloues him to Goe about his Laufull affairs as any others of his Majesties free Leidges In respect the petitioner before extracting hereof hath Given bond and found sufficient Caution acted in the books of his Majesties privie Counsell That he shall Live peacably under and uith all submission to the present Government of his Majestie King William And that he shall not Act Consult nor Contryve anything in prejudice therof nor shall not Converse or Correspond with any rebells And that he shall appear before the saids Lords of his Majesties privie Counsell whensoever he shall be Called for or required to that effect under the penaltie of ane Thousand pounds Sterling In caise he shall transgress in any part of the premysses And the saids Lords ordaines the petitioners former bond to Given up to him.

1. NRS, PC1/51, 103.

1. NRS, PC1/51, 103.

Act, 2 February 1697, Edinburgh

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A1697/2/21

Act

Liberation Livingstoun of Kilsyth

Anent the petition given in to the Lords of his Majesties privie Councill By Mr William Livingstoune of Kilsyth Sheuing Wheras the petitioner on his returne to this Kingdome in February last did obtaine ane Letter from his Majestie allouing him protection and Libertie as other subjects on his finding bale for his peacable behaviour and to Ansuer when called for which he accordingly did And has ever since so behaved himself yet nevertheless on the sixth of december last he was made prisoner in the Castle of Edinburgh by their Lordships warrand wher he still remaines To the Great and evident prejudice of his health and privat affairs And now seing that not only all Grounds for his Imprisonment or Longer detention are are quyt evanished But also these Committed at the same tyme on the samen account and by the same warrand are now againe at Libertie It is reasonable for him to expect the samen favour and Justice he being willing to renue his bale as formerly Conforme to his Majesties pleasure showen in the Letter abovewryten And therfore humblie Craving to the effect underwryten as the said petition bears The saids Lords of his Majesties privie Councill having Considered this petition given in to them by the said Mr William Livingstoun of Kilsyth They heirby Recommend to the Earle of Leven Constable and Governour of the Castle of Edinburgh And In his absence Gives order and warrand to the nixt Commanding officer ther to sett the petitioner at Libertie furth therof In respect the petitioner before extracting heirof hath given bond and found sufficient Cautione acted in the books of his Majesties privie Counsell That he shall Live peacably under and uith all submission to the present Government of his Majestie King William And that he shall not Act Consult nor Contryve anything In prejudice therof nor shall not Converse or Correspond with any rebells and that he shall appear before the saids Lords of his Majesties privie Councill whensoever he shall be called for or required for that effect under the penaltie of one Thousand pounds Sterling In caise he shall transgress in any part of the premisses And the saids Lords ordaines his former bond to be Given up.

Att Edinburgh the second day of February Jaj vic nyntie seven years

A1697/2/21

Act

Liberation Livingstoun of Kilsyth

Anent the petition given in to the Lords of his Majesties privie Councill By Mr William Livingstoune of Kilsyth Sheuing Wheras the petitioner on his returne to this Kingdome in February last did obtaine ane Letter from his Majestie allouing him protection and Libertie as other subjects on his finding bale for his peacable behaviour and to Ansuer when called for which he accordingly did And has ever since so behaved himself yet nevertheless on the sixth of december last he was made prisoner in the Castle of Edinburgh by their Lordships warrand wher he still remaines To the Great and evident prejudice of his health and privat affairs And now seing that not only all Grounds for his Imprisonment or Longer detention are are quyt evanished But also these Committed at the same tyme on the samen account and by the same warrand are now againe at Libertie It is reasonable for him to expect the samen favour and Justice he being willing to renue his bale as formerly Conforme to his Majesties pleasure showen in the Letter abovewryten And therfore humblie Craving to the effect underwryten as the said petition bears The saids Lords of his Majesties privie Councill having Considered this petition given in to them by the said Mr William Livingstoun of Kilsyth They heirby Recommend to the Earle of Leven Constable and Governour of the Castle of Edinburgh And In his absence Gives order and warrand to the nixt Commanding officer ther to sett the petitioner at Libertie furth therof In respect the petitioner before extracting heirof hath given bond and found sufficient Cautione acted in the books of his Majesties privie Counsell That he shall Live peacably under and uith all submission to the present Government of his Majestie King William And that he shall not Act Consult nor Contryve anything In prejudice therof nor shall not Converse or Correspond with any rebells and that he shall appear before the saids Lords of his Majesties privie Councill whensoever he shall be called for or required for that effect under the penaltie of one Thousand pounds Sterling In caise he shall transgress in any part of the premisses And the saids Lords ordaines his former bond to be Given up.

1. NRS, PC1/51, 102-3.

1. NRS, PC1/51, 102-3.