Act, 22 July 1697, Edinburgh

Att Edinburgh the twentie two day of Jully Jaj vic nyntie seven yeirs

D1697/7/171

Act

Act of Absolvitor Ensigne Livingstowne

Anent the petitione given in to The Lords of his majesties privy Counsell by Ensigne James Livingstowne Shewing That wher in the groundles complaint given in against the petitioner at the instance of the Commissioners of the Swpplie of the Stewartie of Kirkcudbright for alleadged exacting more qwartering money then was allowed by act of parliament And ther Lordships haveing remitted to ane Committie to consider the instructiones of the Complaint And the persewars being Consciows of the callumniowsenes of ther complaint And that they would certainly Swccumb in the probatione of ther growndles alleadgeances (2they have but Litle wrged the meeting of the said Comitie Especiallie Considering that by Law the petitioner could have qwartered Fourtie nyn Souldiers upon the Stewartie for the Cess resting by the collector And he only exacted qwartering money for threttein foot Souldiers and Six Dragownes and himself which he had dayly upon the place And wherof ther is as yet Some of the said rydeing money impayed as will appeare by the memoriall therwith prodwced And therfore humbly craveing ther Lordships would be pleased to ordaine the Commissioners that are persewars to refownd his expensses in attending the foirsaid malicious perswite And assoillzea the petitioner from the Complaint As the said petitione bears Which petitione being read in presence of the saids Lords of his majesties privie Counsell (3They by ther deliverance theron of the date the Eight of Jwlly instant appointed the persewars in the actione intented before ther Lordships against the said Ensigne to insist therin betwixt and ane certaine day now bypast with certificatione to the saids persewars if they did not insist betuixt and the said day The Cowncell would assoillzea the Ensigne And allow him to returne to his post And the said petitione being this day (efter the day assigned to the persewars to insist was elapsed) againe read And they haveing considered the Samen with ther delyverance theron of the date the Eight of Jullie instant They have assoillzed And heirby Assoillzies the petitioner ab hac instantia from the lybell raised at the instance of The Commissioners of Supply within the Stewartrie of Kirkcudbright befor the privie Counsell against him And heirby declairs him not lyable to answer therto untill he be againe cited upon a new lybell for that effect And allowes him to returne to his post at Fortwilliam

Att Edinburgh the twentie two day of Jully Jaj vic nyntie seven yeirs

D1697/7/171

Act

Act of Absolvitor Ensigne Livingstowne

Anent the petitione given in to The Lords of his majesties privy Counsell by Ensigne James Livingstowne Shewing That wher in the groundles complaint given in against the petitioner at the instance of the Commissioners of the Swpplie of the Stewartie of Kirkcudbright for alleadged exacting more qwartering money then was allowed by act of parliament And ther Lordships haveing remitted to ane Committie to consider the instructiones of the Complaint And the persewars being Consciows of the callumniowsenes of ther complaint And that they would certainly Swccumb in the probatione of ther growndles alleadgeances (2they have but Litle wrged the meeting of the said Comitie Especiallie Considering that by Law the petitioner could have qwartered Fourtie nyn Souldiers upon the Stewartie for the Cess resting by the collector And he only exacted qwartering money for threttein foot Souldiers and Six Dragownes and himself which he had dayly upon the place And wherof ther is as yet Some of the said rydeing money impayed as will appeare by the memoriall therwith prodwced And therfore humbly craveing ther Lordships would be pleased to ordaine the Commissioners that are persewars to refownd his expensses in attending the foirsaid malicious perswite And assoillzea the petitioner from the Complaint As the said petitione bears Which petitione being read in presence of the saids Lords of his majesties privie Counsell (3They by ther deliverance theron of the date the Eight of Jwlly instant appointed the persewars in the actione intented before ther Lordships against the said Ensigne to insist therin betwixt and ane certaine day now bypast with certificatione to the saids persewars if they did not insist betuixt and the said day The Cowncell would assoillzea the Ensigne And allow him to returne to his post And the said petitione being this day (efter the day assigned to the persewars to insist was elapsed) againe read And they haveing considered the Samen with ther delyverance theron of the date the Eight of Jullie instant They have assoillzed And heirby Assoillzies the petitioner ab hac instantia from the lybell raised at the instance of The Commissioners of Supply within the Stewartrie of Kirkcudbright befor the privie Counsell against him And heirby declairs him not lyable to answer therto untill he be againe cited upon a new lybell for that effect And allowes him to returne to his post at Fortwilliam

1. NRS, PC2/27, 9r-9v.

2. Closing bracket missing.

3. Closing bracket missing.

1. NRS, PC2/27, 9r-9v.

2. Closing bracket missing.

3. Closing bracket missing.

Act, 22 July 1697, Edinburgh

Att Edinburgh the twentie two day of Jully Jaj vic nyntie seven yeirs

D1697/7/161

Act

Act The inhabitants of Falkland

Anent the petitione given in to the Lords of his majesties privy Cownsell be The inhabitants of Falkland Awchtermuchtie and Strathinigloe Shewing That wher ther Lordships upon a petitione formerly given in by the petitioners were graciowsly pleased by ther act of date the eight instant to grant warrand to any two of the Commissioners of Supply for the Shyre of Fiffe to examine the petitioners accompts and tickets and to take the oathes of such as wanted tickets by whom it was found that ther was dwe to the towne of Falkland and William Fergws the Sowme of seven Hundereth Seventie thrie punds nyn Shilling and ten pennies Scotts to the towne of Awchtermuchtie the Soume of Ane hundereth nyntie eight punds ten Shilling and two pennies Scotts to the towne of Strathinigloe the Soume of Two hundereth threttie thrie punds fiftein Shilling two pennies Scotts which makes in the haill the Sowme of Ane Thowsand Two Hundereth and five pwnds fiftein Shilling and two pennies Scotts money As the particular accompts of the Same revised considered and Subscribed by the Commissioners of Supplie ther present and clerk of court for the tyme therwith produced hes testified And therfore humbly craveing to the effect eftermentioned As the said petitione bears Which petitione being this day read and considered be the Saids Lords of privie Cownsell with the reports of the accompts mentioned therin and prodwced therwith And ansuers made be Major Burnet therto They doe heirby allow and ordaine the collector of the Cess or Supplie with2 the Shyre of Fyffe to make payment to the petitioners of the above Soumes Viz to the inhabitants of the towne of Falkland And the above William Fergws the Soume of Seven hundereth Seventie thrie punds nyn Shilling and ten pennies Scotts Item to the inhabitants of the towne of Auchermuchtie the Soume of Ane Hundereth and nyntie eight punds ten Shilling and two pennies Item to the inhabitants of the towne of Stramiglo the Soume of Two hundereth threttie thrie punds fiftein Shilling two pennes Extending all togither to the Soume of Ane Thousand two hundereth and five punds fiftein shilling two pennies Scotts And that out of the first end of the Cess of the said shyre of Fyffe payable at the terme of Lambmes nixt to come And allowes the Said collector to retaine Soe much of the said Lambes cess in his own hands And discharges the Commissars of the armie to whom the Cess is payable to qwarter upon the Said collector for the said Soume But to take the recept granted to the Said collector for the Said Soume off his hands as Sufficient exoneratione to him therof And allowes the Commissionars to detaine the foirsaid Soume of Ane Thousand two hundereth and give punds fiftein Shilling and two pennies owt of the first end of the Subsistance Dwe to Major Burnets troupe in My Lord Forbes his regiment of Dragownes and ordaines the collector at payment to receave in the petitioners accompts with the recepts and instrwctiones therof And to deliver up the Same to the Commissars when they allow the same payed to him owt of the said Cess to the effect they may at cleareing of ther accompts prodwce the Same to the Lords Commissioners of his majesties Thesaurie

Att Edinburgh the twentie two day of Jully Jaj vic nyntie seven yeirs

D1697/7/161

Act

Act The inhabitants of Falkland

Anent the petitione given in to the Lords of his majesties privy Cownsell be The inhabitants of Falkland Awchtermuchtie and Strathinigloe Shewing That wher ther Lordships upon a petitione formerly given in by the petitioners were graciowsly pleased by ther act of date the eight instant to grant warrand to any two of the Commissioners of Supply for the Shyre of Fiffe to examine the petitioners accompts and tickets and to take the oathes of such as wanted tickets by whom it was found that ther was dwe to the towne of Falkland and William Fergws the Sowme of seven Hundereth Seventie thrie punds nyn Shilling and ten pennies Scotts to the towne of Awchtermuchtie the Soume of Ane hundereth nyntie eight punds ten Shilling and two pennies Scotts to the towne of Strathinigloe the Soume of Two hundereth threttie thrie punds fiftein Shilling two pennies Scotts which makes in the haill the Sowme of Ane Thowsand Two Hundereth and five pwnds fiftein Shilling and two pennies Scotts money As the particular accompts of the Same revised considered and Subscribed by the Commissioners of Supplie ther present and clerk of court for the tyme therwith produced hes testified And therfore humbly craveing to the effect eftermentioned As the said petitione bears Which petitione being this day read and considered be the Saids Lords of privie Cownsell with the reports of the accompts mentioned therin and prodwced therwith And ansuers made be Major Burnet therto They doe heirby allow and ordaine the collector of the Cess or Supplie with2 the Shyre of Fyffe to make payment to the petitioners of the above Soumes Viz to the inhabitants of the towne of Falkland And the above William Fergws the Soume of Seven hundereth Seventie thrie punds nyn Shilling and ten pennies Scotts Item to the inhabitants of the towne of Auchermuchtie the Soume of Ane Hundereth and nyntie eight punds ten Shilling and two pennies Item to the inhabitants of the towne of Stramiglo the Soume of Two hundereth threttie thrie punds fiftein Shilling two pennes Extending all togither to the Soume of Ane Thousand two hundereth and five punds fiftein shilling two pennies Scotts And that out of the first end of the Cess of the said shyre of Fyffe payable at the terme of Lambmes nixt to come And allowes the Said collector to retaine Soe much of the said Lambes cess in his own hands And discharges the Commissars of the armie to whom the Cess is payable to qwarter upon the Said collector for the said Soume But to take the recept granted to the Said collector for the Said Soume off his hands as Sufficient exoneratione to him therof And allowes the Commissionars to detaine the foirsaid Soume of Ane Thousand two hundereth and give punds fiftein Shilling and two pennies owt of the first end of the Subsistance Dwe to Major Burnets troupe in My Lord Forbes his regiment of Dragownes and ordaines the collector at payment to receave in the petitioners accompts with the recepts and instrwctiones therof And to deliver up the Same to the Commissars when they allow the same payed to him owt of the said Cess to the effect they may at cleareing of ther accompts prodwce the Same to the Lords Commissioners of his majesties Thesaurie

1. NRS, PC2/27, 8r-9r.

2. The letters ‘in’ scored out at the end of this word.

1. NRS, PC2/27, 8r-9r.

2. The letters ‘in’ scored out at the end of this word.

Sederunt, 22 July 1697, Edinburgh

Att Edinburgh the twentie two day of Jully Jaj vic nyntie seven yeirs1

D1697/7/152

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Twlliebardine; Earl of Argyll; Earl of Southerland; Earl of Marr; Earl of Bwchan; Earl of Lothian; Earl of Lowdowne; Earl of Leven; Earl of Annandale; Earl of Forffar; Earl of Ruglen; Lord Yester; Viscount Tarbat; Lord Forbes; Lord Belhaven; Lord Ruthven; Lord Secretarie Ogilvie; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Rankeillor; Mr Fra: Montgomery; Laird of Grant; Laird of Blackbarrony; Laird of Leyes; Proveist of Edinburgh; Laird of Kellburne; Sir Patrick Murray

Att Edinburgh the twentie two day of Jully Jaj vic nyntie seven yeirs1

D1697/7/152

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Twlliebardine; Earl of Argyll; Earl of Southerland; Earl of Marr; Earl of Bwchan; Earl of Lothian; Earl of Lowdowne; Earl of Leven; Earl of Annandale; Earl of Forffar; Earl of Ruglen; Lord Yester; Viscount Tarbat; Lord Forbes; Lord Belhaven; Lord Ruthven; Lord Secretarie Ogilvie; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Rankeillor; Mr Fra: Montgomery; Laird of Grant; Laird of Blackbarrony; Laird of Leyes; Proveist of Edinburgh; Laird of Kellburne; Sir Patrick Murray

1. NRS, PC2/27, 8r.

2. NRS, PC2/27, 7v-8r.

1. NRS, PC2/27, 8r.

2. NRS, PC2/27, 7v-8r.

Act, 22 July 1697, Edinburgh

Att Edinburgh the Tuentie second day of Jully Jaj vic nyntie seven years

A1697/7/281

Act

Act Steuart of Ballechan and his Brother

Anent the petitione given in to the Lords of his Majesties privie Councill By Patrick Steuart of Balachan and Alexander Steuart his Brother Sheuing that the petitioners have been these severall years under a tedious Imprisonment wherby their health is much Impaired and their affairs fallen into so Great a disorder that their poor families at home are reduced to Great necessity And the petitioners being firmly resolved to Carry themselves peacably under his Majesties most benign Government and to find Caution to their Lordships for that end And therfore Humblie Craving their Lordships graciously to Commiserat the hard and pinching Circumstances of the petitioners and their families And to sett them at Libertie upon their finding Cautione to Live deutifullie and peacably And In respect the petitioners have been subsisted by his Majesties Bounty That their Lordships may be pleased to discharge the prisone fees as the said petition Bears The saids Lords of his Majesties privie Councill Having Considered this petition given in to them by the uithin Patrick Steuart of Ballachan and his brother They doe heirby Confyne the said Patrick Steuart of Ballachan to his oune house of Cluny and tuo miles about the same And Alexander Stueart brother to the house of Tomb of Cluny and tuo miles about the same And Grants warrand to the magistrats of Edinburgh and Keeper of their tolbooth to sett the petitioners at Liberty furth therof In respect the petitioners Hath Given bond and found sufficient Cautione acted in the books of privie Councill That Immediately after the said Liberation They shall repair to the plaices of their saids Confynments and shall remaine at the saids houses and tuo miles uithin the same and shall not remove without the bounds of the said Confynment And in the mean tyme that they shall Live peacably under and uith all submission to the present government of his Majestie King William And that they shall not Act Consult nor Contrive any thing in prejudice therof nor shall not Converss or Correspond uith any rebells And that they shall appear before the saids Lords of his Majesties privie Councill whensoever they shall be Called for or required to that effect under the penaltie of Five Thousand merks a piece In caise they shall transgress in any part of the premisses.

Att Edinburgh the Tuentie second day of Jully Jaj vic nyntie seven years

A1697/7/281

Act

Act Steuart of Ballechan and his Brother

Anent the petitione given in to the Lords of his Majesties privie Councill By Patrick Steuart of Balachan and Alexander Steuart his Brother Sheuing that the petitioners have been these severall years under a tedious Imprisonment wherby their health is much Impaired and their affairs fallen into so Great a disorder that their poor families at home are reduced to Great necessity And the petitioners being firmly resolved to Carry themselves peacably under his Majesties most benign Government and to find Caution to their Lordships for that end And therfore Humblie Craving their Lordships graciously to Commiserat the hard and pinching Circumstances of the petitioners and their families And to sett them at Libertie upon their finding Cautione to Live deutifullie and peacably And In respect the petitioners have been subsisted by his Majesties Bounty That their Lordships may be pleased to discharge the prisone fees as the said petition Bears The saids Lords of his Majesties privie Councill Having Considered this petition given in to them by the uithin Patrick Steuart of Ballachan and his brother They doe heirby Confyne the said Patrick Steuart of Ballachan to his oune house of Cluny and tuo miles about the same And Alexander Stueart brother to the house of Tomb of Cluny and tuo miles about the same And Grants warrand to the magistrats of Edinburgh and Keeper of their tolbooth to sett the petitioners at Liberty furth therof In respect the petitioners Hath Given bond and found sufficient Cautione acted in the books of privie Councill That Immediately after the said Liberation They shall repair to the plaices of their saids Confynments and shall remaine at the saids houses and tuo miles uithin the same and shall not remove without the bounds of the said Confynment And in the mean tyme that they shall Live peacably under and uith all submission to the present government of his Majestie King William And that they shall not Act Consult nor Contrive any thing in prejudice therof nor shall not Converss or Correspond uith any rebells And that they shall appear before the saids Lords of his Majesties privie Councill whensoever they shall be Called for or required to that effect under the penaltie of Five Thousand merks a piece In caise they shall transgress in any part of the premisses.

1. NRS, PC1/51, 231-2.

1. NRS, PC1/51, 231-2.

Letter: royal, 22 July 1697, Edinburgh

Att Edinburgh the Tuentie second day of Jully Jaj vic nyntie seven years

A1697/7/271

Letter: royal

Letter from the King adding the Earle of Buchan to the privie Councill

The letter underwryten from the Kings Majestie to the privie Councill Being read was ordered to be recorded wherof the tenor folloues
Sic suprascribitur William Rex
Right trustie and right well Beloved Councelor Right trustie and Entirely beloved Cousin and Councelor Right trustie and right uell beloved Cousins and Councelors Right trustie and uell beloved Cousins and Councelors Right trustie and uell Beloved Councelors And trustie and well beloved Councelors We Greet yow uell Wheras In Consideration of the Loyaltie and abilities of our right trustie and uell beloved Cousin David Earle of Buchan We have thought fitt to add him to our privy Councill of that our kingdome It is therfore our will and pleasure And ue doe heirby authorize and require yow to admitt and receave him into that our privie Counsell in the ordinary forme and method in such cases accustomes For doing wherof this shall be your warrand so we bid yow heartily Farewell Given at our Court at Kensingtoun the tuenty fourth day of Aprile 1697 and of our reign the 9th year By his Majesties Command sic subscribitur Tullibarine And the said Earl being Called did suear and sign the oath of alleadgance and signed the Assurance and association And the Lord Chancelor having administrat the oath de fidei he uas receaved a privy Councelor.

Att Edinburgh the Tuentie second day of Jully Jaj vic nyntie seven years

A1697/7/271

Letter: royal

Letter from the King adding the Earle of Buchan to the privie Councill

The letter underwryten from the Kings Majestie to the privie Councill Being read was ordered to be recorded wherof the tenor folloues
Sic suprascribitur William Rex
Right trustie and right well Beloved Councelor Right trustie and Entirely beloved Cousin and Councelor Right trustie and right uell beloved Cousins and Councelors Right trustie and uell beloved Cousins and Councelors Right trustie and uell Beloved Councelors And trustie and well beloved Councelors We Greet yow uell Wheras In Consideration of the Loyaltie and abilities of our right trustie and uell beloved Cousin David Earle of Buchan We have thought fitt to add him to our privy Councill of that our kingdome It is therfore our will and pleasure And ue doe heirby authorize and require yow to admitt and receave him into that our privie Counsell in the ordinary forme and method in such cases accustomes For doing wherof this shall be your warrand so we bid yow heartily Farewell Given at our Court at Kensingtoun the tuenty fourth day of Aprile 1697 and of our reign the 9th year By his Majesties Command sic subscribitur Tullibarine And the said Earl being Called did suear and sign the oath of alleadgance and signed the Assurance and association And the Lord Chancelor having administrat the oath de fidei he uas receaved a privy Councelor.

1. NRS, PC1/51, 231.

1. NRS, PC1/51, 231.

Sederunt, 22 July 1697, Edinburgh

Att Edinburgh the Tuentie second day of Jully Jaj vic nyntie seven years1

A1697/7/262

Sederunt

Lord Chancelor; Earl of Melvill; Duke of Queensberry; Earl of Tullibardine; Earl of Argyll; Earl of Southerland; Earl of Marr; Earl of Buchan; Earl of Lothian; Earl of Loudon; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Ruglen; Lord Yester; Viscount Tarbat; Lord Forbes; Lord Beilhaven; Lord Ruthven; Lord Secretary Ogilvie; Lord Advocat; Lord Philiphaugh; Lord Halcraig; Lord Rankeilor; Mr Francis Montgomerie; Laird of Grant; Laird of Blackbarrony; Laird of Leyes; Provost of Edinburgh; Laird of Kelburne; Sir Patrick Murray

Att Edinburgh the Tuentie second day of Jully Jaj vic nyntie seven years1

A1697/7/262

Sederunt

Lord Chancelor; Earl of Melvill; Duke of Queensberry; Earl of Tullibardine; Earl of Argyll; Earl of Southerland; Earl of Marr; Earl of Buchan; Earl of Lothian; Earl of Loudon; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Ruglen; Lord Yester; Viscount Tarbat; Lord Forbes; Lord Beilhaven; Lord Ruthven; Lord Secretary Ogilvie; Lord Advocat; Lord Philiphaugh; Lord Halcraig; Lord Rankeilor; Mr Francis Montgomerie; Laird of Grant; Laird of Blackbarrony; Laird of Leyes; Provost of Edinburgh; Laird of Kelburne; Sir Patrick Murray

1. NRS, PC1/51, 230.

2. NRS, PC1/51, 230.

1. NRS, PC1/51, 230.

2. NRS, PC1/51, 230.