Tag Archives: 20 February 1694

Decreet, 20 February 1694, Edinburgh

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Decreet

Decreet Howat Against Howat her husband

Anent our soveraigne Lord and Ladies letters raised and pursued before the Lords of their Majesties privy Councill at the instance of Elizabeth Howat spous to James Howat in Edinburgh Upon a petition mentioneing That quher the petitioner being married to her said husband at London as is notourly knowen as has been made appear to severall of the saids Lords number by the Certificats under the hands of the Lord Mayor and others the Citizens of the City of London Confirmeing the samen, And Which Certificats are therwith produced And the petitioners husband haveing about five or six weeks after his mariadge received letters from his mother to come for Scotland, He after severall intreaties to that effect Importuneing the petitioner to Consent therto upon the promisses of his speedy returne the petitioner gave her Consent But the petitioner understanding (after his so long stay) The he was not like to returne And being oppressed with greeff for his so long absence, Resolved to come to Scotland not doubting of a kynd reception both from her husband and his relationes, But the treuth is when the petitioner hade come to Edinburgh she was informed that her husband was not in toune and after a Considerable times stay the petitioner took occasione to goe and visit her husbands brother And in time she was ther her husband came accidentally in And Declared in audience of severall persones that the petitioner was his lawfull maried wyfe and stayed with her all that night, Which the petitioner can make appear, And one the morrow he took the petitioner doune to his Chamber in the Cannogate And after a little stay and many flattering speeches offered her a paper to Subscrive Which the petitioner haveing purused absolutely refused his unreasonable and unnaturall demands in it, It being to abjure her mariadge with him, And upon the petitioners refusall, He fell out in most execrable oathes drew his sword and threatned to kill the petitioner But she (by the mercy of God) Escapeing fled to Mr George Meldrum for shelter and advice he Councelled her to retire to her oun Chamber Which she did, And the petitioners husband (by the instigatione of his mother as is generally reported and which the petitioner has reasone to beleive) Growing still worss and worss has most unnaturally slighted and maliciously reproached the petitioner, And threatens to kill her and all them that owns her deplorable though Just quarrell, as also her threatned that if the petitioner Condescended not to subscrive the forsaid paper Tha he would being in thrie Ruffians (who for a shilling a peice) would swear what ever he proposed to them, Lykeas the petitioner has a Considerable soume resting her in England, Which was left her by her parents, And the persone in whose hand it is Refuses to give it or any share therof to the petitioner In respect she is Cloathed with a husband, so that the petitioner on all hands is made destitute of all maner of subsistance By all which it is evident to the saids Lords how un Christianly and inhumanely the petitioner is treated by her husband and his mother And Therfore Craveing that the saids Lords would take the petitioners case into their Consideration And for the reasones and grounds above represented and according to the principalls of Law, And the saids Lords dayly pracitque in the like cases modifie to the petitioner such ane Competent aliement out of her husbands fortune and estate as the saids Lords shall think fitt be the said petition bears, The Lords of their majesties privy Councill haveing Considered above petition They ordained the above James Howat to be cited before the saids Lords And Granted Warrand to cite witnesses And Anent the Charge given to the said defender To have Compeired personally before the saids Lords To have heard and seen the premisses verified and ane aliement modified to the petitioner and that with Certificatione etc as the principall letters of Citation executiones and indorsationes therof at more leanth bears, Which letters being upon the twelth day of December last called in presence of the saids Lords of privy Councill and the said Elizabeth Howat pursuer Compeiring personally, And the said James Howat defender being lawfullie cited oft times called and not Compeiring The saids Lords Granted Certificatione against the said defender In Respect of his absence and not Compeirance, And Ordained letters of denunciatione to be direct against him, And the defender being therafter apprehended and Imprisoned be vertue of letters of Caption upon the forsaid letters of Denunciatione, And the forsaid letters of Lybell at the instance of the said pursuer being againe Called upon the threteinth day of February instant in presence of the saids Lords, And the said pursuer Compeiring personally with Sir James Ogilvie her Advocat, And the defender Compeiring alsoe personally being brought from the Tolbooth with a guard to the Councill barr, And Mr William Hoge Compeiring as his Advocat The saids Lords haveing heard both parties advocats and haveing Considered the Lybell with a petition given in for the pursuer They Admitted the Lybell to the pursuers probatione and appointed a Committie for examineing the witnesses wherof such as are present made faith at the barr, And the saids Lords of privy Councill Haveing this day Considered the forsaid Lybell And answers made therto for the defender with a testificat of the pursuers mariadge and the depositions of the witnesses adduced be her for proveing the points and articles of her Lybell They Find it sufficiently proven that the pursuer is maried to the said, James Howat, And Modifies the soume of Twentie punds sterling as one yearly aliement to the pursuer And ordaines the said James Howat to make payment to the said pursuer of the said aliement and that quarterly at four termes in the year viz Candlmiss, Whitsunday Lambes and Mertimiss be equall portions being five punds sterling for each quarter Comendeing the said aliement from mertimess last so that the first termes payment was due at Candlmiss last and from thence furth quarterly to continue dureing the liftyme of the said James Unles he take home the pursuer and live peacably with her as his maried wife, And Ordaines letters of horning one fiftein dayes and others needfull to pass hereon in forme as effeirs.

Edinburgh the tuentie day of February Jaj vjc nyntie four years

D1694/2/271

Decreet

Decreet Howat Against Howat her husband

Anent our soveraigne Lord and Ladies letters raised and pursued before the Lords of their Majesties privy Councill at the instance of Elizabeth Howat spous to James Howat in Edinburgh Upon a petition mentioneing That quher the petitioner being married to her said husband at London as is notourly knowen as has been made appear to severall of the saids Lords number by the Certificats under the hands of the Lord Mayor and others the Citizens of the City of London Confirmeing the samen, And Which Certificats are therwith produced And the petitioners husband haveing about five or six weeks after his mariadge received letters from his mother to come for Scotland, He after severall intreaties to that effect Importuneing the petitioner to Consent therto upon the promisses of his speedy returne the petitioner gave her Consent But the petitioner understanding (after his so long stay) The he was not like to returne And being oppressed with greeff for his so long absence, Resolved to come to Scotland not doubting of a kynd reception both from her husband and his relationes, But the treuth is when the petitioner hade come to Edinburgh she was informed that her husband was not in toune and after a Considerable times stay the petitioner took occasione to goe and visit her husbands brother And in time she was ther her husband came accidentally in And Declared in audience of severall persones that the petitioner was his lawfull maried wyfe and stayed with her all that night, Which the petitioner can make appear, And one the morrow he took the petitioner doune to his Chamber in the Cannogate And after a little stay and many flattering speeches offered her a paper to Subscrive Which the petitioner haveing purused absolutely refused his unreasonable and unnaturall demands in it, It being to abjure her mariadge with him, And upon the petitioners refusall, He fell out in most execrable oathes drew his sword and threatned to kill the petitioner But she (by the mercy of God) Escapeing fled to Mr George Meldrum for shelter and advice he Councelled her to retire to her oun Chamber Which she did, And the petitioners husband (by the instigatione of his mother as is generally reported and which the petitioner has reasone to beleive) Growing still worss and worss has most unnaturally slighted and maliciously reproached the petitioner, And threatens to kill her and all them that owns her deplorable though Just quarrell, as also her threatned that if the petitioner Condescended not to subscrive the forsaid paper Tha he would being in thrie Ruffians (who for a shilling a peice) would swear what ever he proposed to them, Lykeas the petitioner has a Considerable soume resting her in England, Which was left her by her parents, And the persone in whose hand it is Refuses to give it or any share therof to the petitioner In respect she is Cloathed with a husband, so that the petitioner on all hands is made destitute of all maner of subsistance By all which it is evident to the saids Lords how un Christianly and inhumanely the petitioner is treated by her husband and his mother And Therfore Craveing that the saids Lords would take the petitioners case into their Consideration And for the reasones and grounds above represented and according to the principalls of Law, And the saids Lords dayly pracitque in the like cases modifie to the petitioner such ane Competent aliement out of her husbands fortune and estate as the saids Lords shall think fitt be the said petition bears, The Lords of their majesties privy Councill haveing Considered above petition They ordained the above James Howat to be cited before the saids Lords And Granted Warrand to cite witnesses And Anent the Charge given to the said defender To have Compeired personally before the saids Lords To have heard and seen the premisses verified and ane aliement modified to the petitioner and that with Certificatione etc as the principall letters of Citation executiones and indorsationes therof at more leanth bears, Which letters being upon the twelth day of December last called in presence of the saids Lords of privy Councill and the said Elizabeth Howat pursuer Compeiring personally, And the said James Howat defender being lawfullie cited oft times called and not Compeiring The saids Lords Granted Certificatione against the said defender In Respect of his absence and not Compeirance, And Ordained letters of denunciatione to be direct against him, And the defender being therafter apprehended and Imprisoned be vertue of letters of Caption upon the forsaid letters of Denunciatione, And the forsaid letters of Lybell at the instance of the said pursuer being againe Called upon the threteinth day of February instant in presence of the saids Lords, And the said pursuer Compeiring personally with Sir James Ogilvie her Advocat, And the defender Compeiring alsoe personally being brought from the Tolbooth with a guard to the Councill barr, And Mr William Hoge Compeiring as his Advocat The saids Lords haveing heard both parties advocats and haveing Considered the Lybell with a petition given in for the pursuer They Admitted the Lybell to the pursuers probatione and appointed a Committie for examineing the witnesses wherof such as are present made faith at the barr, And the saids Lords of privy Councill Haveing this day Considered the forsaid Lybell And answers made therto for the defender with a testificat of the pursuers mariadge and the depositions of the witnesses adduced be her for proveing the points and articles of her Lybell They Find it sufficiently proven that the pursuer is maried to the said, James Howat, And Modifies the soume of Twentie punds sterling as one yearly aliement to the pursuer And ordaines the said James Howat to make payment to the said pursuer of the said aliement and that quarterly at four termes in the year viz Candlmiss, Whitsunday Lambes and Mertimiss be equall portions being five punds sterling for each quarter Comendeing the said aliement from mertimess last so that the first termes payment was due at Candlmiss last and from thence furth quarterly to continue dureing the liftyme of the said James Unles he take home the pursuer and live peacably with her as his maried wife, And Ordaines letters of horning one fiftein dayes and others needfull to pass hereon in forme as effeirs.

1. NRS, PC2/24, 341v-343r.

1. NRS, PC2/24, 341v-343r.

Act, 20 February 1694, Edinburgh

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Act

Act Patrick Smith of Methven

Anent a Petitione given in to the Lords of their Majesties privy Councill be Patrick Smith of Methven Shewing That quher ther being letters directed for citeing the petitioner his brother and a great many tennants and servants, To Compeir before the saids Lords for ane alledged ryot Comitted by them in detaineing the keyes of the Church door of Methven from Mr Alexander Doning who pretended a warrand from the presbytrie of Pearth to preach ther And it now being the time of Labouring and sewing the ground It would be highly prejudiciall to the poor tenants if they and their servants should be Called over from their work Especially seing ther is no violence Lybelled against any of them But their names insert in the libell at Randim And Therfore Humbly Craveing the saids Lords to allow two or three of the saids defenders To Compeir in name of the rest before the saids Lords and propone their defences, They being Lyable to produce the rest of the defenders to undergoe such sentance as the saids Lords should pronunce in the matter abovewritten and in the mean time The saids Lords would dispence with the remanent defenders their Compeirance as the petitione bears The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above Patrick Smith, They heirby allow the petitioner and David Smith his brother german and any other heritor or responsall tennants Called in the above letters To Compeir in place of the haill defenders called theirin The persones allowed to Compeir allways sisting themselves and becomeing Lyable for them selves and the haill other defenders that they and everie one of them shall obtempors and fulfill the sentance of Councill Which shall be pronunced against them in the above Lybell.

Edinburgh the tuentie day of February Jaj vjc nyntie four years

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Act

Act Patrick Smith of Methven

Anent a Petitione given in to the Lords of their Majesties privy Councill be Patrick Smith of Methven Shewing That quher ther being letters directed for citeing the petitioner his brother and a great many tennants and servants, To Compeir before the saids Lords for ane alledged ryot Comitted by them in detaineing the keyes of the Church door of Methven from Mr Alexander Doning who pretended a warrand from the presbytrie of Pearth to preach ther And it now being the time of Labouring and sewing the ground It would be highly prejudiciall to the poor tenants if they and their servants should be Called over from their work Especially seing ther is no violence Lybelled against any of them But their names insert in the libell at Randim And Therfore Humbly Craveing the saids Lords to allow two or three of the saids defenders To Compeir in name of the rest before the saids Lords and propone their defences, They being Lyable to produce the rest of the defenders to undergoe such sentance as the saids Lords should pronunce in the matter abovewritten and in the mean time The saids Lords would dispence with the remanent defenders their Compeirance as the petitione bears The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above Patrick Smith, They heirby allow the petitioner and David Smith his brother german and any other heritor or responsall tennants Called in the above letters To Compeir in place of the haill defenders called theirin The persones allowed to Compeir allways sisting themselves and becomeing Lyable for them selves and the haill other defenders that they and everie one of them shall obtempors and fulfill the sentance of Councill Which shall be pronunced against them in the above Lybell.

1. NRS, PC2/24, 341r-341v.

1. NRS, PC2/24, 341r-341v.

Act, 20 February 1694, Edinburgh

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Act

Act Mr William Crafurd

Anent a Petitione given in to the Lords of their majesties privy Councill be Mr William Crafurd Minister at Ladykirk Shewing That quher the 2 saids Lords did formerly allow the petitioner to uplift the stipend of the parish of Ladykirk as the act of Councill of the date at Edinburgh the Threttie day of Jully Jaj vjc nyntie one years therwith produced would testifie yet nevertheless severall persones Lyable in payment Refusses to answer the petitioner upon this frivilous pretence that the petitioner is not qualified according to law, notwithstanding that the petitioner is and allwayes hath been willing to take and subscryve the oath of alledgance and assurance before any persones the said Lords should please to appoint And Therfore Humbly Craveing the saids Lords to renew to the petitioner the forsaid act of Councill, That the petitioner now in his old age of seventie siven years be not redacted to povertie and straits But may have wherwith to mantaine himself and familly as the said petitione bears The Lords of their majesties privy Councill Haveing Considered this petitione given in to them be the above Mr William Crafurd with the act of Councill mentioned therin and produced therwith They heirby as of before by the said former act Doe allow to the petitioner the stipend of the above kirk of Ladykirk for all years and termes bygone the time of the said act, Which is of the date the thretieth day of Jully Jaj vjc nyntie one years and sincesyne and in times comeing untill the Discussing of the appeall mentioned in the said former act and Ordaines the petitioner to be readiely answered obeyed and payed therof Be the heritors fewars lyfrenters titullars tacksmen of teynds tennants possessors and others Lyable in payment of the samen, And Ordaines letters of horning to be direct at the petitioners instance against them for that effect upon productione of a Decreet of Locallitie, And in caise ther be no Decreet of Locallitie Ordaines these Lyable to make payment of their respective proportiones according as the samen shall be decerned be the Judge Ordinar In Respect the petitioner hath taken the oath of alledgance and assurance before 3 one of the saids Lords number.

Edinburgh the tuentie day of February Jaj vjc nyntie four years

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Act

Act Mr William Crafurd

Anent a Petitione given in to the Lords of their majesties privy Councill be Mr William Crafurd Minister at Ladykirk Shewing That quher the 2 saids Lords did formerly allow the petitioner to uplift the stipend of the parish of Ladykirk as the act of Councill of the date at Edinburgh the Threttie day of Jully Jaj vjc nyntie one years therwith produced would testifie yet nevertheless severall persones Lyable in payment Refusses to answer the petitioner upon this frivilous pretence that the petitioner is not qualified according to law, notwithstanding that the petitioner is and allwayes hath been willing to take and subscryve the oath of alledgance and assurance before any persones the said Lords should please to appoint And Therfore Humbly Craveing the saids Lords to renew to the petitioner the forsaid act of Councill, That the petitioner now in his old age of seventie siven years be not redacted to povertie and straits But may have wherwith to mantaine himself and familly as the said petitione bears The Lords of their majesties privy Councill Haveing Considered this petitione given in to them be the above Mr William Crafurd with the act of Councill mentioned therin and produced therwith They heirby as of before by the said former act Doe allow to the petitioner the stipend of the above kirk of Ladykirk for all years and termes bygone the time of the said act, Which is of the date the thretieth day of Jully Jaj vjc nyntie one years and sincesyne and in times comeing untill the Discussing of the appeall mentioned in the said former act and Ordaines the petitioner to be readiely answered obeyed and payed therof Be the heritors fewars lyfrenters titullars tacksmen of teynds tennants possessors and others Lyable in payment of the samen, And Ordaines letters of horning to be direct at the petitioners instance against them for that effect upon productione of a Decreet of Locallitie, And in caise ther be no Decreet of Locallitie Ordaines these Lyable to make payment of their respective proportiones according as the samen shall be decerned be the Judge Ordinar In Respect the petitioner hath taken the oath of alledgance and assurance before 3 one of the saids Lords number.

1. NRS, PC2/24, 340v-341r.

2. The word ‘petitioner’ scored out here.

3. The word ‘some’ scored out here.

1. NRS, PC2/24, 340v-341r.

2. The word ‘petitioner’ scored out here.

3. The word ‘some’ scored out here.

Act, 20 February 1694, Edinburgh

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D1694/2/241

Act

Act Mr Thomas Blaikwall

Anent a Petitione given in to the Lords of their Majesties privy Councill be Mr Thomas Blackwell student of Divinity Humbly Shewing That quher upon a lybell raised by the Lady Cramond against the petitioner before the saids Lords for his makeing scurillous Lynes upon her by their sentance did banish the petitioner, and ordained him to find Caution to leave the kingdome against the second day of February instant, Though the petitioners Cannot reclame against the Justice of the saids Lords sentence he being sufficiently Convinced of the highneouse of his offence, yet he haveing made sincere and humble acknowledgment of his fault by himself and others to the Lady and her frends since the said sentance, She is now convinced that the petitioners offence proceided rather from polutancy and inadvertance then out of a malicious designe against her reputatione and is so generous and Charitable as to forgive the petitioner the said offence as would appear by ane adress given in by the Lady to the saids Lords therewith. And seing the petitioner was a very young man when he Committed the offence, And that the party injured has been pleased to forgive him upon his sincere and serious acknowledgment of the deep sense he has of the sinfulnes of that actione, And that the petitioner is very poor and that banishment will be very grivious to him he haveing no way of Livelyhood out of his native Country, And Therfore Humbly Craveing the saids Lords to Compassionat the petitioners miserable case and to pity his conditione and to take such wayes and methods as the Lords should think Just for takeing of the said sentence As the petition bears. The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Mr Thomas Blackwall and another petitione be the Lady Cramond Consenting that the sentence be taken off. They heirby take of the forsaid sentance of Banishment pronunced be their Lordships against the said Mr Thomas Blackwell And Decloures him to be alse free therof any other of their majesties Leidges notwithstanding of the said sentance of Banishment and as if the samen had never been given nor pronunced against him, And allowes the Clerk of Councill to give up any bond or oblisment given by the said Mr Thomas or his Cautioner for fullfilling or observing the termes of the said sentance.

Edinburgh the tuentie day of February Jaj vjc nyntie four years

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Act

Act Mr Thomas Blaikwall

Anent a Petitione given in to the Lords of their Majesties privy Councill be Mr Thomas Blackwell student of Divinity Humbly Shewing That quher upon a lybell raised by the Lady Cramond against the petitioner before the saids Lords for his makeing scurillous Lynes upon her by their sentance did banish the petitioner, and ordained him to find Caution to leave the kingdome against the second day of February instant, Though the petitioners Cannot reclame against the Justice of the saids Lords sentence he being sufficiently Convinced of the highneouse of his offence, yet he haveing made sincere and humble acknowledgment of his fault by himself and others to the Lady and her frends since the said sentance, She is now convinced that the petitioners offence proceided rather from polutancy and inadvertance then out of a malicious designe against her reputatione and is so generous and Charitable as to forgive the petitioner the said offence as would appear by ane adress given in by the Lady to the saids Lords therewith. And seing the petitioner was a very young man when he Committed the offence, And that the party injured has been pleased to forgive him upon his sincere and serious acknowledgment of the deep sense he has of the sinfulnes of that actione, And that the petitioner is very poor and that banishment will be very grivious to him he haveing no way of Livelyhood out of his native Country, And Therfore Humbly Craveing the saids Lords to Compassionat the petitioners miserable case and to pity his conditione and to take such wayes and methods as the Lords should think Just for takeing of the said sentence As the petition bears. The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Mr Thomas Blackwall and another petitione be the Lady Cramond Consenting that the sentence be taken off. They heirby take of the forsaid sentance of Banishment pronunced be their Lordships against the said Mr Thomas Blackwell And Decloures him to be alse free therof any other of their majesties Leidges notwithstanding of the said sentance of Banishment and as if the samen had never been given nor pronunced against him, And allowes the Clerk of Councill to give up any bond or oblisment given by the said Mr Thomas or his Cautioner for fullfilling or observing the termes of the said sentance.

1. NRS, PC2/24, 339v-340r.

1. NRS, PC2/24, 339v-340r.

Sederunt, 20 February 1694, Edinburgh

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Edinburgh the tuentie day of February Jaj vjc nyntie four years1

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Sederunt

Lord Chancelor; Earl of Melvill; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Raith; Lord Ross; Lord Beilhaven; Lord Polwarth; Lord Advocat; Lord Hatton; Lord Fountanhall; Mr Fr: Montgomery; Sir Thomas Livingston

Edinburgh the tuentie day of February Jaj vjc nyntie four years1

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Sederunt

Lord Chancelor; Earl of Melvill; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Raith; Lord Ross; Lord Beilhaven; Lord Polwarth; Lord Advocat; Lord Hatton; Lord Fountanhall; Mr Fr: Montgomery; Sir Thomas Livingston

1. NRS, PC2/24, 339v.

2. NRS, PC2/24, 339v.

1. NRS, PC2/24, 339v.

2. NRS, PC2/24, 339v.

Act, 20 February 1694, Edinburgh

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Att Edinburgh the Tuentieth day of February Jaj vic nyntie four years

A1694/2/351

Act

Act In favoures of The Toune of Dysert

Anent the petitione given In to the Lords of their Majesties privie Councill Be the Inhabitants of the toune of Dysert Sheuing That wher the toune of Dysert at the first establishment of the militia hes been Listed to the number of fiftie four men which is ane most unreasonable proportione and by which they sustained a most manifest uronge The whole number of their fencible Inhabitants who are burgesses doe not exceed Eightie four men and which they make appear to the Commissioners of supply for the shyre of Fyffe by ane subscribed List on Credite and Conscience And which heavy burden hes been Laid upon that poor place aither by the malice or Envy of these who have not been their freinds at the tyme or else it hath been done Ignorantly by some mistake And It is very clear that the Late government uas Convinced therof In respect they were alwayes Dispenced with at all rendivouzes for the halfe of that number and which was done by ane particular allouance of the Late Duke of Rothes who was first Collonell of that regiment and all the succeeding Collonells therof And which they have made appear to the Commissioners of the said supply by unquestionable testimony all which is represented to their Lordships by ane Letter wryten and direct by the preses of the said meeting In name and by ordor of them to the Lord Raith Lord Thesaurer Depute as ane Coppie of the said Letter produced with the said petitione did testifie And the petitioners having meand themselves to the forsaids Commissioners of supply who are to proportione ane new outreik upon the shyre Conforme to the proportione of the militia to ease and releive them of the forsaid most unjust and unreasonable proportione Laid upon them In manner abovewryten The saids Commissioners Can on noe wayes medle with the alteratione of the saids old2 establishment without their Lordships authority albeit they are trewly Convinced and knoues that they are extreamly prejudged and wronged In manner aboveuryten And seing their is ane sufficient fond Left to the Saids Commissioners for easing and releiving them of the forsaid unjust and unreasonable proportione Ther being severall Lands and places within the shyre who is not Listed at the first establishment of the militia and if Listed bears Litle or noe proportione therof And which ease or releiff will be noe prejudice or hinderance to their Majesties service and Intrest The shyre being alwayes obleidged to outreik the quota and proportione Laid upon them And therfore Humbly Craving to the effect underwryten as the said petitione bears The saids Lords of their Majesties privy Councill Having Considered this petitione given in to them Be the saids Inhabitants of Dysert They heirby Give ordor and warrand to and Impoures the Commissioners of supply within the shyre of Fyfe to meet and proceed for easing and releiving the toune of Dysert of the outreik mentioned in the petitione and to proportione the same as they shall find just.

Att Edinburgh the Tuentieth day of February Jaj vic nyntie four years

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Act

Act In favoures of The Toune of Dysert

Anent the petitione given In to the Lords of their Majesties privie Councill Be the Inhabitants of the toune of Dysert Sheuing That wher the toune of Dysert at the first establishment of the militia hes been Listed to the number of fiftie four men which is ane most unreasonable proportione and by which they sustained a most manifest uronge The whole number of their fencible Inhabitants who are burgesses doe not exceed Eightie four men and which they make appear to the Commissioners of supply for the shyre of Fyffe by ane subscribed List on Credite and Conscience And which heavy burden hes been Laid upon that poor place aither by the malice or Envy of these who have not been their freinds at the tyme or else it hath been done Ignorantly by some mistake And It is very clear that the Late government uas Convinced therof In respect they were alwayes Dispenced with at all rendivouzes for the halfe of that number and which was done by ane particular allouance of the Late Duke of Rothes who was first Collonell of that regiment and all the succeeding Collonells therof And which they have made appear to the Commissioners of the said supply by unquestionable testimony all which is represented to their Lordships by ane Letter wryten and direct by the preses of the said meeting In name and by ordor of them to the Lord Raith Lord Thesaurer Depute as ane Coppie of the said Letter produced with the said petitione did testifie And the petitioners having meand themselves to the forsaids Commissioners of supply who are to proportione ane new outreik upon the shyre Conforme to the proportione of the militia to ease and releive them of the forsaid most unjust and unreasonable proportione Laid upon them In manner abovewryten The saids Commissioners Can on noe wayes medle with the alteratione of the saids old2 establishment without their Lordships authority albeit they are trewly Convinced and knoues that they are extreamly prejudged and wronged In manner aboveuryten And seing their is ane sufficient fond Left to the Saids Commissioners for easing and releiving them of the forsaid unjust and unreasonable proportione Ther being severall Lands and places within the shyre who is not Listed at the first establishment of the militia and if Listed bears Litle or noe proportione therof And which ease or releiff will be noe prejudice or hinderance to their Majesties service and Intrest The shyre being alwayes obleidged to outreik the quota and proportione Laid upon them And therfore Humbly Craving to the effect underwryten as the said petitione bears The saids Lords of their Majesties privy Councill Having Considered this petitione given in to them Be the saids Inhabitants of Dysert They heirby Give ordor and warrand to and Impoures the Commissioners of supply within the shyre of Fyfe to meet and proceed for easing and releiving the toune of Dysert of the outreik mentioned in the petitione and to proportione the same as they shall find just.

1. NRS, PC1/49, 267-8.

2. Insertion.

1. NRS, PC1/49, 267-8.

2. Insertion.

Act, 20 February 1694, Edinburgh

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A1694/2/341

Act

Repryve John Eliot

Anent the petitione given in to the Lords of their Majesties privy Councill Be John Eliot prisoner in the tolbooth of Edinburgh Sheuing That wher the petitioner being apprehended by ane ordor from the Lord Advocat and Committed prisoner to the tolbooth of Edinburgh was therafter processed before the Criminall Court and by the verdict of ane assyze found guilty and airt and pairt In forging a Recept from Jean and Margaret Lands And therupon sentenced to be execute to death upon the tuenty first day of this Current month of February which being to morrow He Humbly Craved to Lay before their Lordships his sad and deplorable condition In having been the tooll to the deceast Daniell Nicolsone and Mistress Pringle In all the accession he had to that forgerie For being reduced to extream povertie and uant of bread for his Life and under a state and Condition of bodily health which made him Loathsome to himself and shunned by all his kinsmen and acquantance was pitched upon by Daniell Nicolsone and Mistress Pringle as the fittest Instrument they could choyse to serve their designes and releiff they affoorded him to his present wants and necessities by Giving him money to Live on and furnishing him with Lodging and the Large promises and oaths they Gave him to have the decease of his body Cured if gold or money or could doe it which overcame the petitioner wholly to their designes of which he gave of all ane Ingenious account to their Majesties Advocat he knew of that matter and both of his oune accession and the necessity which hes noe Law he was under to Comply with Daniell Nicolsone and Mistress Pringle proposalls And which Ingenious acknouledgment of the petitioners both discovered the necessary witnesses to the Advocat and Laid open the haill Circumstances of the matter of fact so as affoorded positive and full probatione against Daniell Nicolsone and Mistress Pringle which otherwayes their Majesties Advocat Could not have had And which Confession the petitioner stedfastly ouned before the Judges of the Criminall Court Throuing himself on his Majesties mercy and had sentence pronunced against him without any other probatione but his oune acknouledgment And seing the petitioners Cryme was only the procuring witnesses to subscryve the said false recept and that noe hurt or prejudice folloued theron and that he Ingeniously Confest and cast himself upon the Kings mercy and had the assured hopes of the Judges favour Tho they uould grant him noe such express Conditione and that ther uas noe probatione Led against him as is alwayes in use to be done when ther is a designe to punish Capitally although the party should Confess and that he threw himself on his Majesties mercy wher never as yet any perished And that Its hoped both the Lords of Justiciary that are of their Lordships Number and the Lord Advocat with the sollicitor will declare to their Lordships How Ingenuous the petitioner was in his Confessione and of hou great effect wes to Convict Nicolsone and Mistress Pringle of the Crymes wherof they uere the Leoure and Contryvors as well as the Cause of his present misirie And that already the publict justice of the natione is satisfied by their being execute for the Complicatione of Crymes they were found guilty off (off the greatest and most part therof) the petitioner wes never accused And that the Criminall Judges neither pronunced Interloquitor nor sentence against the petitioner But upon the Confest accession forsaid and gave him the favour of a Longer day as the petitioner hoped off purpose to represent his caice to their Lordships for turning the sentence of death Into banishment which the petitioner beleevs the Judges themselves would have done if not tyed up to Judge according to strict Law or at Least from the Consideratione of the premisses to Grant a Repryve for some Competent tyme to the petitioner that he may not be surprized with so fatall a stroak as death And for which he hes not made the necessary preparationes aither for his soull or body upon the hope of mercy upon the ground abovewrytten and that he may send for his wyfe and his sister and have the benefite of Ministers to prepare his soull to appear before his eternall Judge And therfore Humbly Craving their Lordships In Consideratione of the premisses and of the petitioners deplorable Conditione and good Ground he had to Hope for mercy to ordane the petitioner to be Banished furth of their Majesties dominiones and never to returne under the paine of death or at Least to Grant a Repryve for some Competent tyme to prepare him for another Life and that Ministers may attend him for that effect as the said petitione Bears The saids Lords of their Majesties privie Councill Councill2 Having Considered this petitione given in to them Be the above John Eliot They heirby suspended the putting of the sentence of death pronunced against the petitioner to executione untill weddensday the seventh of march nixt to Come Inclusive And appoints the magistrats of Edinburgh to see the said sentence putt to executione upon the said day precisely And ordaines Intimatione heirof to be made to the saids magistrats sic subscribitur Tueeddall cancel: Melvill Southerland Leven Forfar Kintoir Tarbat Beilhaven T Livingstoune

Att Edinburgh the Tuentieth day of February Jaj vic nyntie four years

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Act

Repryve John Eliot

Anent the petitione given in to the Lords of their Majesties privy Councill Be John Eliot prisoner in the tolbooth of Edinburgh Sheuing That wher the petitioner being apprehended by ane ordor from the Lord Advocat and Committed prisoner to the tolbooth of Edinburgh was therafter processed before the Criminall Court and by the verdict of ane assyze found guilty and airt and pairt In forging a Recept from Jean and Margaret Lands And therupon sentenced to be execute to death upon the tuenty first day of this Current month of February which being to morrow He Humbly Craved to Lay before their Lordships his sad and deplorable condition In having been the tooll to the deceast Daniell Nicolsone and Mistress Pringle In all the accession he had to that forgerie For being reduced to extream povertie and uant of bread for his Life and under a state and Condition of bodily health which made him Loathsome to himself and shunned by all his kinsmen and acquantance was pitched upon by Daniell Nicolsone and Mistress Pringle as the fittest Instrument they could choyse to serve their designes and releiff they affoorded him to his present wants and necessities by Giving him money to Live on and furnishing him with Lodging and the Large promises and oaths they Gave him to have the decease of his body Cured if gold or money or could doe it which overcame the petitioner wholly to their designes of which he gave of all ane Ingenious account to their Majesties Advocat he knew of that matter and both of his oune accession and the necessity which hes noe Law he was under to Comply with Daniell Nicolsone and Mistress Pringle proposalls And which Ingenious acknouledgment of the petitioners both discovered the necessary witnesses to the Advocat and Laid open the haill Circumstances of the matter of fact so as affoorded positive and full probatione against Daniell Nicolsone and Mistress Pringle which otherwayes their Majesties Advocat Could not have had And which Confession the petitioner stedfastly ouned before the Judges of the Criminall Court Throuing himself on his Majesties mercy and had sentence pronunced against him without any other probatione but his oune acknouledgment And seing the petitioners Cryme was only the procuring witnesses to subscryve the said false recept and that noe hurt or prejudice folloued theron and that he Ingeniously Confest and cast himself upon the Kings mercy and had the assured hopes of the Judges favour Tho they uould grant him noe such express Conditione and that ther uas noe probatione Led against him as is alwayes in use to be done when ther is a designe to punish Capitally although the party should Confess and that he threw himself on his Majesties mercy wher never as yet any perished And that Its hoped both the Lords of Justiciary that are of their Lordships Number and the Lord Advocat with the sollicitor will declare to their Lordships How Ingenuous the petitioner was in his Confessione and of hou great effect wes to Convict Nicolsone and Mistress Pringle of the Crymes wherof they uere the Leoure and Contryvors as well as the Cause of his present misirie And that already the publict justice of the natione is satisfied by their being execute for the Complicatione of Crymes they were found guilty off (off the greatest and most part therof) the petitioner wes never accused And that the Criminall Judges neither pronunced Interloquitor nor sentence against the petitioner But upon the Confest accession forsaid and gave him the favour of a Longer day as the petitioner hoped off purpose to represent his caice to their Lordships for turning the sentence of death Into banishment which the petitioner beleevs the Judges themselves would have done if not tyed up to Judge according to strict Law or at Least from the Consideratione of the premisses to Grant a Repryve for some Competent tyme to the petitioner that he may not be surprized with so fatall a stroak as death And for which he hes not made the necessary preparationes aither for his soull or body upon the hope of mercy upon the ground abovewrytten and that he may send for his wyfe and his sister and have the benefite of Ministers to prepare his soull to appear before his eternall Judge And therfore Humbly Craving their Lordships In Consideratione of the premisses and of the petitioners deplorable Conditione and good Ground he had to Hope for mercy to ordane the petitioner to be Banished furth of their Majesties dominiones and never to returne under the paine of death or at Least to Grant a Repryve for some Competent tyme to prepare him for another Life and that Ministers may attend him for that effect as the said petitione Bears The saids Lords of their Majesties privie Councill Councill2 Having Considered this petitione given in to them Be the above John Eliot They heirby suspended the putting of the sentence of death pronunced against the petitioner to executione untill weddensday the seventh of march nixt to Come Inclusive And appoints the magistrats of Edinburgh to see the said sentence putt to executione upon the said day precisely And ordaines Intimatione heirof to be made to the saids magistrats sic subscribitur Tueeddall cancel: Melvill Southerland Leven Forfar Kintoir Tarbat Beilhaven T Livingstoune

1. NRS, PC1/49, 265-7.

2. Sic.

1. NRS, PC1/49, 265-7.

2. Sic.

Warrant, 20 February 1694, Edinburgh

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A1694/2/331

Warrant

Warrand for Kennedy of Clockburn to wryte to France

The Lords of their Majesties privie Councill Doe heirby allow Androw Kennedy of Clowburne Conservator of the Scotts priviledges in the Netherlands to wryte Letters or Missives to Mr […] Fleeming brother Germane to the Earle of Wigtoune who is presently in France And to receave his ansuers from France of the Letters which he shall wryte And declares this warrand is to Endure till the first day of May nixt to Come and noe Longer And that by his so Corresponding he shall not Incurr the paines Contained in the Late Act of parliament

Att Edinburgh the Tuentieth day of February Jaj vic nyntie four years

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Warrant

Warrand for Kennedy of Clockburn to wryte to France

The Lords of their Majesties privie Councill Doe heirby allow Androw Kennedy of Clowburne Conservator of the Scotts priviledges in the Netherlands to wryte Letters or Missives to Mr […] Fleeming brother Germane to the Earle of Wigtoune who is presently in France And to receave his ansuers from France of the Letters which he shall wryte And declares this warrand is to Endure till the first day of May nixt to Come and noe Longer And that by his so Corresponding he shall not Incurr the paines Contained in the Late Act of parliament

1. NRS, PC1/49, 265.

1. NRS, PC1/49, 265.

Act, 20 February 1694, Edinburgh

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A1694/2/321

Act

Act declaring who are meant by deserters in the Instructions from the Councill to the Comissioners of Supply anent the new Levys

The Lords of their Majesties privie Councill Considering that by the sixth article of the printed Instructions from their Lordships to the Commissioners of supply uithin the severall shyres of this kingdome anent the new Levys It is appointed that if any debate shall arrise anent the men to be putt out in the new Levy And that it be alleadged and found proven that any of the men to be putt out are deserters from any of their Majesties standing forces att home or abroad The Commissioners are to determine the man to belong to the persone who putts him out in the new Levy albeit he be found a deserter And understanding that severall of the standing forces are ready for gaine to deserte and take on In the new Levys And seing It uas never the Councills meaning that any souldier should2 be Incouraged to desert But that for hastening the present Levies any old deserter might take on therin Therfore the saids Lords of their Majesties privy Councill Declares That by deserters in the forsaid Instructione Is only to be understood such deserters as have deserted preceeding the first day of november Last by past But on noe wayes any such deserters as have deserted since that tyme And ordaines the Commissioners within the severall shyres to determine that point of the sixth Instructione in the precise terms heirof and noe otherwyse And the Councill Have Recommended to Sir Thomas Livingstoune Commander in cheiff of their Majesties forces uithin this kingdome, to acquant the officers of the standing forces That they may quyte their pretences to such deserters as have deserted preceeding the said first day of november Last And ordaines these presents to be printed and published at the mercat Cross of Edinburgh and whole mercat Crosses of the remanent head burghs of the severall shyres within this kingdome That none may pretend Ignorance Sic subscribitur Tueeddall cancel: Melvill ps Southerland Leven Linlithgow3 Forfar Tarbat Raith Beilhaven

Att Edinburgh the Tuentieth day of February Jaj vic nyntie four years

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Act

Act declaring who are meant by deserters in the Instructions from the Councill to the Comissioners of Supply anent the new Levys

The Lords of their Majesties privie Councill Considering that by the sixth article of the printed Instructions from their Lordships to the Commissioners of supply uithin the severall shyres of this kingdome anent the new Levys It is appointed that if any debate shall arrise anent the men to be putt out in the new Levy And that it be alleadged and found proven that any of the men to be putt out are deserters from any of their Majesties standing forces att home or abroad The Commissioners are to determine the man to belong to the persone who putts him out in the new Levy albeit he be found a deserter And understanding that severall of the standing forces are ready for gaine to deserte and take on In the new Levys And seing It uas never the Councills meaning that any souldier should2 be Incouraged to desert But that for hastening the present Levies any old deserter might take on therin Therfore the saids Lords of their Majesties privy Councill Declares That by deserters in the forsaid Instructione Is only to be understood such deserters as have deserted preceeding the first day of november Last by past But on noe wayes any such deserters as have deserted since that tyme And ordaines the Commissioners within the severall shyres to determine that point of the sixth Instructione in the precise terms heirof and noe otherwyse And the Councill Have Recommended to Sir Thomas Livingstoune Commander in cheiff of their Majesties forces uithin this kingdome, to acquant the officers of the standing forces That they may quyte their pretences to such deserters as have deserted preceeding the said first day of november Last And ordaines these presents to be printed and published at the mercat Cross of Edinburgh and whole mercat Crosses of the remanent head burghs of the severall shyres within this kingdome That none may pretend Ignorance Sic subscribitur Tueeddall cancel: Melvill ps Southerland Leven Linlithgow3 Forfar Tarbat Raith Beilhaven

1. NRS, PC1/49, 264-5.

2. Insertion.

3. The word ‘Leven’ scored out here.

1. NRS, PC1/49, 264-5.

2. Insertion.

3. The word ‘Leven’ scored out here.

Act, 20 February 1694, Edinburgh

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Act

Act In favoures of James Mylne and other merchants in Montross

Anent the petitione given in to the Lords of their Majesties privie Councill Be James Mylne merchant in Montross for himself and in name of the rest of the merchants of Montross his pairtners and Alexander Pyper their factor Mentioning That wher the petitioners having formerly represented to the saids Lords of privy Councill That In the month of June Last They Having fraughted a shipp for London Loadned with Linnen cloath valued of about ane hundreth and tuenty thousand merks at pryme Coast The petitioners were so unfortunat that the said ship and Cargo were taken by a french privateer and was afteruards Declared prize at Dunkirk But they having Certaine Informatione from their factors and Correspondents at Holland That these who had Intrest in the prize Could not make soe good profite in France as the petitioners might make at London The petitioners therfore Craved that the saids Lords might allow them to Imploy Alexander Pyper who was then att Rotterdame to be their Factor And to send and Commissionat him to Dunkirk for rebuying of the ship and Cargoe The saids Lords were pleased to allow of this And to declare that his going thither for the end forsaid should be noe Contraventione of the Act of parliament made against persones going to France He having given bond subscrived be sufficient persones acted in the saids Lords their books and Records That he should not Act Consult or Contryve any thing to the prejudice of their Majesties government But seing the saids Lords their former Act and uarrand will be of noe use and Import to the petitioners unless they be alloued to transport the forsaid Loadning of Linnen Cloath from Dunkirk to some port aither in England or in this natione as the petitioners shall find to be most for their Advantadge And also seing that the ship that was taken Is altogither Insufficient for making of this voyage And that the petitioners Can Gett noe skipper to undertake the same But one James Butcher2 skipper in Montross who is at present at Rotterdame and who is uilling to undertake the same if uarranted by the saids Lords And who is also uilling to Enact himself and find Cautione In the termes the saids Lords have receaved bond and security from Alexander Pyper And therfore Craving to the effect underwryten as the said petitione bears The saids Lords of their Majesties privie Councill Having Considered this petitione given in to them Be the above James Mylne for himself and remanent merchants In Montross his pairtners and Alexander Pyper ther factor They heirby allow the above James Butcher skipper to goe with the above Alexander Pyper to Dunkirk and from thence to undertake and perfect a voyage with the above ship and Loadning seized and Carried in to Dunkirk to any port within the Kingdomes of Scotland or England And in caise the forsaid ship be not sufficient or faultish so that she Cannot ply the voyage without hazard The saids Lords Doe heirby allow the said James Butcher or Alexander Pyper or aither of them to buy a ship at Dunkirk and putt the Loadning of the seized ship therin And declares the Extract heirof to be a sufficient protectione and pass aither for the said ship seized if she shall be sufficient or for the ship to be bought In caise of the Insufficiency of the other and also for the Loadning In respect the said James Butcher before his going to France hes Given bond subscribed be sufficient persones acted in the books of privie Councill That he shall not Act Consult nor Contryve any thing in prejudice of the Government of their Majesties King William and Queen Mary nor Carry away message in uord or wryte aither in his going or Coming from France to that effect under the penaltie of fyve hundreth pounds sterline

Att Edinburgh the Tuentieth day of February Jaj vic nyntie four years

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Act

Act In favoures of James Mylne and other merchants in Montross

Anent the petitione given in to the Lords of their Majesties privie Councill Be James Mylne merchant in Montross for himself and in name of the rest of the merchants of Montross his pairtners and Alexander Pyper their factor Mentioning That wher the petitioners having formerly represented to the saids Lords of privy Councill That In the month of June Last They Having fraughted a shipp for London Loadned with Linnen cloath valued of about ane hundreth and tuenty thousand merks at pryme Coast The petitioners were so unfortunat that the said ship and Cargo were taken by a french privateer and was afteruards Declared prize at Dunkirk But they having Certaine Informatione from their factors and Correspondents at Holland That these who had Intrest in the prize Could not make soe good profite in France as the petitioners might make at London The petitioners therfore Craved that the saids Lords might allow them to Imploy Alexander Pyper who was then att Rotterdame to be their Factor And to send and Commissionat him to Dunkirk for rebuying of the ship and Cargoe The saids Lords were pleased to allow of this And to declare that his going thither for the end forsaid should be noe Contraventione of the Act of parliament made against persones going to France He having given bond subscrived be sufficient persones acted in the saids Lords their books and Records That he should not Act Consult or Contryve any thing to the prejudice of their Majesties government But seing the saids Lords their former Act and uarrand will be of noe use and Import to the petitioners unless they be alloued to transport the forsaid Loadning of Linnen Cloath from Dunkirk to some port aither in England or in this natione as the petitioners shall find to be most for their Advantadge And also seing that the ship that was taken Is altogither Insufficient for making of this voyage And that the petitioners Can Gett noe skipper to undertake the same But one James Butcher2 skipper in Montross who is at present at Rotterdame and who is uilling to undertake the same if uarranted by the saids Lords And who is also uilling to Enact himself and find Cautione In the termes the saids Lords have receaved bond and security from Alexander Pyper And therfore Craving to the effect underwryten as the said petitione bears The saids Lords of their Majesties privie Councill Having Considered this petitione given in to them Be the above James Mylne for himself and remanent merchants In Montross his pairtners and Alexander Pyper ther factor They heirby allow the above James Butcher skipper to goe with the above Alexander Pyper to Dunkirk and from thence to undertake and perfect a voyage with the above ship and Loadning seized and Carried in to Dunkirk to any port within the Kingdomes of Scotland or England And in caise the forsaid ship be not sufficient or faultish so that she Cannot ply the voyage without hazard The saids Lords Doe heirby allow the said James Butcher or Alexander Pyper or aither of them to buy a ship at Dunkirk and putt the Loadning of the seized ship therin And declares the Extract heirof to be a sufficient protectione and pass aither for the said ship seized if she shall be sufficient or for the ship to be bought In caise of the Insufficiency of the other and also for the Loadning In respect the said James Butcher before his going to France hes Given bond subscribed be sufficient persones acted in the books of privie Councill That he shall not Act Consult nor Contryve any thing in prejudice of the Government of their Majesties King William and Queen Mary nor Carry away message in uord or wryte aither in his going or Coming from France to that effect under the penaltie of fyve hundreth pounds sterline

1. NRS, PC1/49, 263-4.

2. Insertion, with one illegible word scored out.

1. NRS, PC1/49, 263-4.

2. Insertion, with one illegible word scored out.