Act, 21 July 1696, Edinburgh

Att Edinburgh the twentie one Day of Jully Jaj vic nyntie Six yeirs

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Act

Act Keiss against Howiesone

Bill of Suspensione Cass of Cockpen and others against Mr Ritchard Howiesone charger with the Ansuers made therto for the said mr Richard read And the Counsell appoints the Laird of Cockpen to instruct and prove that he is patron of the kirk of Cockpen And assignes the […] day for doeing therof And in the mean tyme sists all executione at the charges instance against the suspenders till the said day

Att Edinburgh the twentie one Day of Jully Jaj vic nyntie Six yeirs

D1696/7/241

Act

Act Keiss against Howiesone

Bill of Suspensione Cass of Cockpen and others against Mr Ritchard Howiesone charger with the Ansuers made therto for the said mr Richard read And the Counsell appoints the Laird of Cockpen to instruct and prove that he is patron of the kirk of Cockpen And assignes the […] day for doeing therof And in the mean tyme sists all executione at the charges instance against the suspenders till the said day

1. NRS, PC2/26, 235r.

1. NRS, PC2/26, 235r.

Order, 21 July 1696, Edinburgh

Att Edinburgh the twentie one Day of Jully Jaj vic nyntie Six yeirs

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Order

Recomendatione Sir James Ramsayes relict

Anent the petitione given in to the Lords of his majesties privie Counsell Be Dam Lilias Seatone relict of Sir James Ramsay of Logie Shewing that wher The petitioner and her Deceast husband haveing represented in the last Sessione of parliament That the said Sir James being brother in Law to This Earle of Seaforths grandfather Did to retrive the said Earle from the prisone gates and for preserveing his estate ingadge himself and fortwne in a considerable Soume of money which will amownt to above Seventie Thowsand merks for payment wherof Sir James was forced to Sell his own estate and betake himself and familie to a poor cottage wher they have Lived in great miserie and want upon which ground And others therin mentioned The honorable estates of parliament by the act the twentie Seventh of Juny Jaj vic nyntie five therwith prodwced Did grant ane aliment to the petitioner and her husband and Longest Liver of them two of Ane Thowsand punds Scotts yeirly Dureing the Dependance of the reductione which aliment is therby Declaired to comence frae whittsonday Jaj vic nyntie five And that out of the Lands possest be the said Earle of Seaforth As The Countess his mother And for that effect granted warrand for Letters of Horning against the factors and possessors of the saids Lands But in respect that through a mistake of the clerk register the foirsaid aliment was not payable till whittsonday Last bypast And that the petitioners necessitie was Soe great that it was impossible for them to Subsist till the said terme without Some pairt atleast of the aliment were Advanced to them Therfore Ther Lordships upon the petitioners applicatione for that end Did Recomend them to the Lords Commissioners of his majesties thesaurie who instantly granted them a precept upon the generall receaver for five Hundereth punds as the first terms aliment Dwe at Mertimes Jaj vic nyntie five And while the petitioner was attending the Councell and waiteing upon the receaveing of the said Five hundered punds her old husband was removed being above Seventie nyn yeirs of age which was no Small addition to the petitioners afflictione that She was not present to performe her last Duety to him with whom She had Lived above Sixtie yeirs in a maried State And Seing the foirsaid five Hundereth punds was Litle enewgh to defray her expensses in attending here and the charge of her husbands fwneralls And that She hes cawsed James Guthrie pursevant charge denunce and registrat to the horne The Countess of Seaforth with her factors and tennents in whose hands the letters are Still lyeing for want of money to releive them And that notwithstanding of all the dilligence She hes wsed She cannot command a Sixpence of the said Earle of Seaforths estate nether for the said aliment nor other debts they owe the petitioner wherthrowgh now in her old age being about Eightie yeirs She and her poor family are in hazard of Starveing both for want of money and credit except ther Lordships provide remeid And therfore craveing to the effect eftermentioned As the said petitione bears The Lords of his majesties privie Counsell haveing considered the above petitione with the act or Decreit of parliament mentioned therin or prodwced therwith They heirby recommend to the Lords Commissioners of his majesties thesaury to cause payment be made to the petitioner of the above five Hundereth punds Scotts As the Last termes aliment Dwe at Whittsonday Last bypast The petitioner allwayes assigneing the Lords Commissioners of the thesaurie as hes bein formerly Done

Att Edinburgh the twentie one Day of Jully Jaj vic nyntie Six yeirs

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Order

Recomendatione Sir James Ramsayes relict

Anent the petitione given in to the Lords of his majesties privie Counsell Be Dam Lilias Seatone relict of Sir James Ramsay of Logie Shewing that wher The petitioner and her Deceast husband haveing represented in the last Sessione of parliament That the said Sir James being brother in Law to This Earle of Seaforths grandfather Did to retrive the said Earle from the prisone gates and for preserveing his estate ingadge himself and fortwne in a considerable Soume of money which will amownt to above Seventie Thowsand merks for payment wherof Sir James was forced to Sell his own estate and betake himself and familie to a poor cottage wher they have Lived in great miserie and want upon which ground And others therin mentioned The honorable estates of parliament by the act the twentie Seventh of Juny Jaj vic nyntie five therwith prodwced Did grant ane aliment to the petitioner and her husband and Longest Liver of them two of Ane Thowsand punds Scotts yeirly Dureing the Dependance of the reductione which aliment is therby Declaired to comence frae whittsonday Jaj vic nyntie five And that out of the Lands possest be the said Earle of Seaforth As The Countess his mother And for that effect granted warrand for Letters of Horning against the factors and possessors of the saids Lands But in respect that through a mistake of the clerk register the foirsaid aliment was not payable till whittsonday Last bypast And that the petitioners necessitie was Soe great that it was impossible for them to Subsist till the said terme without Some pairt atleast of the aliment were Advanced to them Therfore Ther Lordships upon the petitioners applicatione for that end Did Recomend them to the Lords Commissioners of his majesties thesaurie who instantly granted them a precept upon the generall receaver for five Hundereth punds as the first terms aliment Dwe at Mertimes Jaj vic nyntie five And while the petitioner was attending the Councell and waiteing upon the receaveing of the said Five hundered punds her old husband was removed being above Seventie nyn yeirs of age which was no Small addition to the petitioners afflictione that She was not present to performe her last Duety to him with whom She had Lived above Sixtie yeirs in a maried State And Seing the foirsaid five Hundereth punds was Litle enewgh to defray her expensses in attending here and the charge of her husbands fwneralls And that She hes cawsed James Guthrie pursevant charge denunce and registrat to the horne The Countess of Seaforth with her factors and tennents in whose hands the letters are Still lyeing for want of money to releive them And that notwithstanding of all the dilligence She hes wsed She cannot command a Sixpence of the said Earle of Seaforths estate nether for the said aliment nor other debts they owe the petitioner wherthrowgh now in her old age being about Eightie yeirs She and her poor family are in hazard of Starveing both for want of money and credit except ther Lordships provide remeid And therfore craveing to the effect eftermentioned As the said petitione bears The Lords of his majesties privie Counsell haveing considered the above petitione with the act or Decreit of parliament mentioned therin or prodwced therwith They heirby recommend to the Lords Commissioners of his majesties thesaury to cause payment be made to the petitioner of the above five Hundereth punds Scotts As the Last termes aliment Dwe at Whittsonday Last bypast The petitioner allwayes assigneing the Lords Commissioners of the thesaurie as hes bein formerly Done

1. NRS, PC2/26, 233v-234r.

1. NRS, PC2/26, 233v-234r.

Sederunt, 21 July 1696, Edinburgh

Att Edinburgh the twentie one Day of Jully Jaj vic nyntie Six yeirs1

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Sederunt

Lord Chancellor; Duke of Qweensberry; Earl of Argwyle; Earl of Lauderdale; Earl of Lothian; Earl of Leven; Earl of Annandale; Lord John Hamiltone; Lord Belhaven; Lord Carmichael; Sir James Ogilvie; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Mr Fra: Montgomrie; Laird of Grant; Laird of Pollock; Laird of Cessnock

Att Edinburgh the twentie one Day of Jully Jaj vic nyntie Six yeirs1

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Sederunt

Lord Chancellor; Duke of Qweensberry; Earl of Argwyle; Earl of Lauderdale; Earl of Lothian; Earl of Leven; Earl of Annandale; Lord John Hamiltone; Lord Belhaven; Lord Carmichael; Sir James Ogilvie; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Mr Fra: Montgomrie; Laird of Grant; Laird of Pollock; Laird of Cessnock

1. NRS, PC2/26, 233v.

2. NRS, PC2/26, 233v.

1. NRS, PC2/26, 233v.

2. NRS, PC2/26, 233v.

Order, 21 July 1696, Edinburgh

Att Edinburgh the tuenty First day of Jullie Jaj vjc nyntie six years

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Order

Recommendation George Shank

Anent the petition given in to the Lords of his Majesties privie Counsell By George Shank Gardner in Rockhill now prisoner in the Tolbooth of the Cannongate Sheuing That the petitioner being apprehended about the first of Aprile Last by Captain William Drummond in the Lord Jedburghs regiment of dragoons and brought and Incarcerat in the tolbooth of the Cannongate uithout any Crime or Information of any Guill against him The petitioner was therafter charged to Compear and depone as a witnes in the Criminall Lybell which was therafter raised and execute against the Laird of Lagg And albeit he was willing and readie upon his Great oath to declare that he Knew nothing relating to the points of that Indictment yet he hath ever since been Keeped prisoner in the tolbooth of the Cannongate in extream necessity and at the point of starving every day By which extream necessity and want He is now reduced to that weak Condition of health for want of bed and food that his recovery is altogither dispaired of And seing the petitioner humbly Conceavs that it is very hard for any poor man who was never soe much as suspected of any Crime or villany to be Imprisoned and starved to death in prisone And therfore Humblie Craving their Lordships for Gods sake to pity the petitioners sad and miserable Condition And to ordaine him to be sett at Libertie That he may at Least have the Confort to dy in his bed as a poor Christian And to Give the petitioner some allouance for defraying the expences he hath been att since the tyme he uas brought in and Imprisoned And to ordaine the Jaylor to sett him at Libertie without payment of any dues seing noe Crime was or to this houre Can be instructed against him, as the said petition Bears The saids Lords of his Majesties privy Councill Having Considered this petition given in to them by the said George Shank They heirby Recommend to the Lords Commissioners of his Majesties Thesaury to Cause payment be made to the petitioner of six shilling scotts per diem for each day since he uas committed prisoner untill he be sett at Libertie

Att Edinburgh the tuenty First day of Jullie Jaj vjc nyntie six years

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Order

Recommendation George Shank

Anent the petition given in to the Lords of his Majesties privie Counsell By George Shank Gardner in Rockhill now prisoner in the Tolbooth of the Cannongate Sheuing That the petitioner being apprehended about the first of Aprile Last by Captain William Drummond in the Lord Jedburghs regiment of dragoons and brought and Incarcerat in the tolbooth of the Cannongate uithout any Crime or Information of any Guill against him The petitioner was therafter charged to Compear and depone as a witnes in the Criminall Lybell which was therafter raised and execute against the Laird of Lagg And albeit he was willing and readie upon his Great oath to declare that he Knew nothing relating to the points of that Indictment yet he hath ever since been Keeped prisoner in the tolbooth of the Cannongate in extream necessity and at the point of starving every day By which extream necessity and want He is now reduced to that weak Condition of health for want of bed and food that his recovery is altogither dispaired of And seing the petitioner humbly Conceavs that it is very hard for any poor man who was never soe much as suspected of any Crime or villany to be Imprisoned and starved to death in prisone And therfore Humblie Craving their Lordships for Gods sake to pity the petitioners sad and miserable Condition And to ordaine him to be sett at Libertie That he may at Least have the Confort to dy in his bed as a poor Christian And to Give the petitioner some allouance for defraying the expences he hath been att since the tyme he uas brought in and Imprisoned And to ordaine the Jaylor to sett him at Libertie without payment of any dues seing noe Crime was or to this houre Can be instructed against him, as the said petition Bears The saids Lords of his Majesties privy Councill Having Considered this petition given in to them by the said George Shank They heirby Recommend to the Lords Commissioners of his Majesties Thesaury to Cause payment be made to the petitioner of six shilling scotts per diem for each day since he uas committed prisoner untill he be sett at Libertie

1. NRS, PC1/50, 603-4.

1. NRS, PC1/50, 603-4.

Act, 21 July 1696, Edinburgh

Att Edinburgh the tuenty First day of Jullie Jaj vjc nyntie six years

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Act

Liberation Dugall Mc2Gillichallum

Anent the petition Given in to the Lords of his Majesties privie Councill by Dugall Mcgillichallum alias Mcpherson in Tirfadoun Sheuing That wheras the petitioner having been Cited before the Justiciaries appointed for setling of the Highlands for ane ryott Committed by him and his accomplices upon Patrick Grant in Lethintie and Donald Grant his son and upon the tuenty day of november last declared fugitive for non Compearance And fyned togither uith his accomplices in ane Certain Liquidat soume payable to the pursuars In obtemperance and obedience to his Majesties government and the saids justiciaries their sentence The petitioner hes made payment and satisfaction to the parties injured and recovered their discharge of any ryott Committed by him with the speciall Consent of Ludovick Grant of that ilk as the said discharge produced uith the said petition did testifie and the Laird of Grant his Letter Lykeuayes in the Clerks hands In caise he had not been upon the place at the Giving in of this petition And seing the Laird of Grant nor the saids Patrick and Donald Grants will not take upon them without their Lordships authority to release the petitioner out of the tolbooth of Pearth wher he hes Lyen more as seven months by vertue of the justiciaries their sentence against him for the Causes abovexprest and is redacted to so much povertie that he is Lyke to starve not being able to buy Bread nor to pay the tolbooth dues without charity all which hes floued from his rash (tho ill meaned) misdemanners And therfore Humblie Craving to the effect underuryten as the said petition Bears The Saids Lords of his Majesties privie Councill Having Considered this petitione given in to them by the said Dugall Mcgillichallum alias Mcphersone with the Discharge and missive Letter mentioned therin and produced theruith They heirby Give order and warrand to the magistrats of Perth and Keeper of their tolbooth to sett the petitioner at Libertie furth therof For which this shall be to all persons Concerned a sufficient warrand

Att Edinburgh the tuenty First day of Jullie Jaj vjc nyntie six years

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Act

Liberation Dugall Mc2Gillichallum

Anent the petition Given in to the Lords of his Majesties privie Councill by Dugall Mcgillichallum alias Mcpherson in Tirfadoun Sheuing That wheras the petitioner having been Cited before the Justiciaries appointed for setling of the Highlands for ane ryott Committed by him and his accomplices upon Patrick Grant in Lethintie and Donald Grant his son and upon the tuenty day of november last declared fugitive for non Compearance And fyned togither uith his accomplices in ane Certain Liquidat soume payable to the pursuars In obtemperance and obedience to his Majesties government and the saids justiciaries their sentence The petitioner hes made payment and satisfaction to the parties injured and recovered their discharge of any ryott Committed by him with the speciall Consent of Ludovick Grant of that ilk as the said discharge produced uith the said petition did testifie and the Laird of Grant his Letter Lykeuayes in the Clerks hands In caise he had not been upon the place at the Giving in of this petition And seing the Laird of Grant nor the saids Patrick and Donald Grants will not take upon them without their Lordships authority to release the petitioner out of the tolbooth of Pearth wher he hes Lyen more as seven months by vertue of the justiciaries their sentence against him for the Causes abovexprest and is redacted to so much povertie that he is Lyke to starve not being able to buy Bread nor to pay the tolbooth dues without charity all which hes floued from his rash (tho ill meaned) misdemanners And therfore Humblie Craving to the effect underuryten as the said petition Bears The Saids Lords of his Majesties privie Councill Having Considered this petitione given in to them by the said Dugall Mcgillichallum alias Mcphersone with the Discharge and missive Letter mentioned therin and produced theruith They heirby Give order and warrand to the magistrats of Perth and Keeper of their tolbooth to sett the petitioner at Libertie furth therof For which this shall be to all persons Concerned a sufficient warrand

1. NRS, PC1/50, 602-3.

2. Insertion.

1. NRS, PC1/50, 602-3.

2. Insertion.

Letter, 21 July 1696, Edinburgh

Att Edinburgh the tuenty First day of Jullie Jaj vjc nyntie six years

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Letter

A Letter from Montrose

Sir James Steuart his Majesties Advocat Having presented a Letter at the Councill board from tuo of the Baillies of Montrose to the present provost of that burgh Giving account that in respect of the scarcity They have secured a vessell coming to Leith with meall The Letter uas read and the same was appointed to be marked and to Ly and remaine in the hands of the Clerks of privie Counsell till furder order

Att Edinburgh the tuenty First day of Jullie Jaj vjc nyntie six years

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Letter

A Letter from Montrose

Sir James Steuart his Majesties Advocat Having presented a Letter at the Councill board from tuo of the Baillies of Montrose to the present provost of that burgh Giving account that in respect of the scarcity They have secured a vessell coming to Leith with meall The Letter uas read and the same was appointed to be marked and to Ly and remaine in the hands of the Clerks of privie Counsell till furder order

1. NRS, PC1/50, 602.

1. NRS, PC1/50, 602.

Order, 21 July 1696, Edinburgh

Att Edinburgh the tuenty First day of Jullie Jaj vjc nyntie six years

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Order

Recomendation to the Lord Advocat to pursue some rablers

The Lords of his Majesties privie Counsell Having heard the examinations of some persons taken by Sir James Steuart his Majesties advocat Anent the Late rable in Edinburgh They heirby Recommend to his Lordship to Intent and follow furth a pursute before the Councell against […] servitor to William Fisher glover in Edinburgh and […] servitor to the Lady Hardine as guiltie airt or pairt of the said rable so soon as his Lordship conveniently can

Att Edinburgh the tuenty First day of Jullie Jaj vjc nyntie six years

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Order

Recomendation to the Lord Advocat to pursue some rablers

The Lords of his Majesties privie Counsell Having heard the examinations of some persons taken by Sir James Steuart his Majesties advocat Anent the Late rable in Edinburgh They heirby Recommend to his Lordship to Intent and follow furth a pursute before the Councell against […] servitor to William Fisher glover in Edinburgh and […] servitor to the Lady Hardine as guiltie airt or pairt of the said rable so soon as his Lordship conveniently can

1. NRS, PC1/50, 602.

1. NRS, PC1/50, 602.

Procedure, 21 July 1696, Edinburgh

Att Edinburgh the tuenty First day of Jullie Jaj vjc nyntie six years

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Procedure

[Earl of Annandale to go to London]

The Earle of Annandale acquanted the Councill That he is alloued by his majestie to Come to London

Att Edinburgh the tuenty First day of Jullie Jaj vjc nyntie six years

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Procedure

[Earl of Annandale to go to London]

The Earle of Annandale acquanted the Councill That he is alloued by his majestie to Come to London

1. NRS, PC1/50, 601.

1. NRS, PC1/50, 601.

Act, 21 July 1696, Edinburgh

Att Edinburgh the tuenty First day of Jullie Jaj vjc nyntie six years

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Act

Liberation Serjant William Kerr

Anent the petition given in to the Lords of his Majesties privie Councill By William Kerr sometyme serjant in Captain Lockhart his troop of Dragoon, now prisoner in the Cannongate tolbooth Sheuing That wher the petitioner having Lyen in prisone since the Later end of March Last for ane accidentall Reincounter betuixt the said Captaine and the petitioner wher the petitioner receaved severall uounds And he having applied himself to their Lordships upon the tuenty fourth of June Last The saids Lords remitted the same to a Committie of their oune number And the said Committie Having Called the petitioner before them and having examined him They uere of opinione that Captain Lockhart should be ordained to ansuer the said petitione and insist against the petitioner otheruayes he should be Liberat And the said Committie Having made report to their Lordships upon the threttieth of June Last in presentia The saids Lords did approve of the said report And ordained the said Captaine Lockhart to Insist against the petitioner before the saids Lords betuixt and the fourteenth of July instant otheruayes they declared they would sett the petitioner at liberty when the said day should come And seing that the said Fourteenth of Jullie is now Come and that the said Captain Lockhart hes not insisted against him and that he is not able to mantaine himself in prisone And that he hath been at Great expences to Chirurgeons for Curing of his uounds which he receaved at the said accidentall reincounter and for defraying of his Charges and expences the tyme of his Imprisonment and paying of his house dues which will amount to upuards of threttie pounds sterling And therfore Humbly Craving their Lordships to take the premisses to their sereous Consideration And not only to ordaine him to be sett att Liberty In respect the said Captain Lockhart hes not Insisted against the petitioner Conforme to their Lordships Interloquitor but also ordaine him to pay to the petitioner what expenses he hath been att to the Chirurgeons and for the house dues which will amount upuards to Threttie pounds sterling as said is or at leist such ane soune as their Lordships shall please to modifie as the said petition Bears The Saids Lords of his Majesties privie Councill Having Considered this petitione given in to them by the said Serjant William Kerr They heirby Give order and warrand to the Baillies of the Cannongate and Keeper of their tolbooth To sett the petitioner at Libertie furth therof For which this shall be a sufficient warrand

Att Edinburgh the tuenty First day of Jullie Jaj vjc nyntie six years

A1696/7/321

Act

Liberation Serjant William Kerr

Anent the petition given in to the Lords of his Majesties privie Councill By William Kerr sometyme serjant in Captain Lockhart his troop of Dragoon, now prisoner in the Cannongate tolbooth Sheuing That wher the petitioner having Lyen in prisone since the Later end of March Last for ane accidentall Reincounter betuixt the said Captaine and the petitioner wher the petitioner receaved severall uounds And he having applied himself to their Lordships upon the tuenty fourth of June Last The saids Lords remitted the same to a Committie of their oune number And the said Committie Having Called the petitioner before them and having examined him They uere of opinione that Captain Lockhart should be ordained to ansuer the said petitione and insist against the petitioner otheruayes he should be Liberat And the said Committie Having made report to their Lordships upon the threttieth of June Last in presentia The saids Lords did approve of the said report And ordained the said Captaine Lockhart to Insist against the petitioner before the saids Lords betuixt and the fourteenth of July instant otheruayes they declared they would sett the petitioner at liberty when the said day should come And seing that the said Fourteenth of Jullie is now Come and that the said Captain Lockhart hes not insisted against him and that he is not able to mantaine himself in prisone And that he hath been at Great expences to Chirurgeons for Curing of his uounds which he receaved at the said accidentall reincounter and for defraying of his Charges and expences the tyme of his Imprisonment and paying of his house dues which will amount to upuards of threttie pounds sterling And therfore Humbly Craving their Lordships to take the premisses to their sereous Consideration And not only to ordaine him to be sett att Liberty In respect the said Captain Lockhart hes not Insisted against the petitioner Conforme to their Lordships Interloquitor but also ordaine him to pay to the petitioner what expenses he hath been att to the Chirurgeons and for the house dues which will amount upuards to Threttie pounds sterling as said is or at leist such ane soune as their Lordships shall please to modifie as the said petition Bears The Saids Lords of his Majesties privie Councill Having Considered this petitione given in to them by the said Serjant William Kerr They heirby Give order and warrand to the Baillies of the Cannongate and Keeper of their tolbooth To sett the petitioner at Libertie furth therof For which this shall be a sufficient warrand

1. NRS, PC1/50, 600-1.

1. NRS, PC1/50, 600-1.

Sederunt, 21 July 1696, Edinburgh

Att Edinburgh the tuenty First day of Jullie Jaj vjc nyntie six years1

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Sederunt

Lord Chancelor; Duke of Queensberrie; Earl of Argyll; Earl of Lauderdale; Earl of Lothian; Earl of Leven; Earl of Annandale; Lord John Hamilton; Lord Beilhaven; Lord Carmichaell; Sir James Ogilvie; Lord Advocat; Lord Philiphaugh; Lord Halcraig; Mr Fra: Montgomery; Laird of Grant; Laird of Pollock; Laird of Cessnock

Att Edinburgh the tuenty First day of Jullie Jaj vjc nyntie six years1

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Sederunt

Lord Chancelor; Duke of Queensberrie; Earl of Argyll; Earl of Lauderdale; Earl of Lothian; Earl of Leven; Earl of Annandale; Lord John Hamilton; Lord Beilhaven; Lord Carmichaell; Sir James Ogilvie; Lord Advocat; Lord Philiphaugh; Lord Halcraig; Mr Fra: Montgomery; Laird of Grant; Laird of Pollock; Laird of Cessnock

1. NRS, PC1/50, 600.

2. NRS, PC1/50, 600.

1. NRS, PC1/50, 600.

2. NRS, PC1/50, 600.