Procedure, 25 December 1694, Edinburgh

Edinburgh the Twentie fifth day of December Jaj vjc nyntie four

D1694/12/321

Procedure

Remitt William Primross.

Petitione William Primross Complaining he is seased Read and the saids Lords of his majesties privy Councill Allowed Captain Kerr to see and answer the same, And Recommends to the Earle of Lothian to hear both parties and to doe and determine in the matter as he shall find Just

Edinburgh the Twentie fifth day of December Jaj vjc nyntie four

D1694/12/321

Procedure

Remitt William Primross.

Petitione William Primross Complaining he is seased Read and the saids Lords of his majesties privy Councill Allowed Captain Kerr to see and answer the same, And Recommends to the Earle of Lothian to hear both parties and to doe and determine in the matter as he shall find Just

1. NRS, PC2/25, 122r.

1. NRS, PC2/25, 122r.

Warrant, 25 December 1694, Edinburgh

Edinburgh the Twentie fifth day of December Jaj vjc nyntie four

D1694/12/311

Warrant

Warrand to the magistrats of Dunbar for detaineing a murderers father prisoner.

The Lords of ther majesties privy Councill being informed that upon Committing a murder at or about Dunbar, The murderer being apprehended was Comitted prisoner within the Tolbooth of Dunbar But has since Escaped out of prison and ther is ground to suspect that the Murderers father has had accession to his escape or knowes quher he is, and will not reveall the same And that he is upon this accompt Comitted prisoner to the said Tolbooth The saids Lords doe heirby Give order and warrand to the magistrats of Edinburgh keeper of their Tolbooth to keep and detaine the murderers father prisoner therin till furder order of Councill And in the mean time Recomends to ther Majesties advocat to gett farder informatione of this matter And Report the same to the Councill that they may give furder orders theranent.

Edinburgh the Twentie fifth day of December Jaj vjc nyntie four

D1694/12/311

Warrant

Warrand to the magistrats of Dunbar for detaineing a murderers father prisoner.

The Lords of ther majesties privy Councill being informed that upon Committing a murder at or about Dunbar, The murderer being apprehended was Comitted prisoner within the Tolbooth of Dunbar But has since Escaped out of prison and ther is ground to suspect that the Murderers father has had accession to his escape or knowes quher he is, and will not reveall the same And that he is upon this accompt Comitted prisoner to the said Tolbooth The saids Lords doe heirby Give order and warrand to the magistrats of Edinburgh keeper of their Tolbooth to keep and detaine the murderers father prisoner therin till furder order of Councill And in the mean time Recomends to ther Majesties advocat to gett farder informatione of this matter And Report the same to the Councill that they may give furder orders theranent.

1. NRS, PC2/25, 121v-122r.

1. NRS, PC2/25, 121v-122r.

Act, 25 December 1694, Edinburgh

Edinburgh the Twentie fifth day of December Jaj vjc nyntie four

D1694/12/301

Act

Act Mr David Ferguson contra Halgreen

Anent a Petition given In to the Lords of ther majesties privy Councill be Mr David Fergusone wryter in Edinburgh Shewing That the petitioner being Imployed by the Creditors of William Rait of Halgreen to Cary one the ranking depending amongst them before the Lords of sessione and to procure a factor to be nominat by their Lordships for uplifting the rents in the mean time, and accordingly George Mckenzie being nominat, He did by vertue of his Comissione enter to the posessione of the estate for the behoove of the Creditors by holding of Cautioners and Decerning the tennents and uplifting the rents Lyke as the tenents before the nomination of the factor being Distressed by Halgreen and his Creditors they did suspend upon multiply poynding, notwithstanding of all quhich and that the suspensione was intimat to Halgreen himself yet he with severall others his accomplices haveing come to the ground of the Lands Beatten and abused the tennents and Caried away ther goods upon pretence of bygone rent The Creditors did againe Imploy the petitioner to pursue him before the saids Lords at the instance of the factor and tennents for the said ryot, and accordingly the letters being raised and execute to the twentie two day of november Last the dyet was continued for severall Councill dayes dureing which the Lybell was never Called all which time the tennents attended untill at Last Halgreen having obtained a protectione from the saids Lords for his Compeirance and the tennants being wearied through long attendance They went hom with a resolution to have returned this day But throw the badnes of the weather they have been detained Lykeas both the petitioner and they have been dayly threatned by Halgreen that he would kill them and particularly this day being the Eleventh day of December instant the petitioner being in the outter parliament house attending the petitioners Clients affairs The said William Rait without any maner of provocatione did fall upon the petitioner and not only threatned to beath him But alsoe actually Lay hands upon him by endeavoring to 2 the petitioner doune upon the Floor wherthrow the petitioner is extreamly prejudged in his heath being therby rendered incapable to goe about his affairs And Therfore Humbly Craving the saids Lords not only Continue the dyet of the Lybell against Halgreen untill Thursday nixt But alsoe to ordaine him to find Cautione to keep the petitioner haimles and skaithless and to punish him in what he has allready done at least to Grant warrand to the petitioner for citeing witnesses for proveing the beatting within the parliament house That so the petitioner may goe about his Clients affairs with safety of his persone as the petition bears The Lords of their Majesties privy Councill Having Considered this petitione given in to them be the above Mr David Fergusone Thay heirby Ordaine letters to be direct at the petitioners instance for citeing the Laird of Halgreen to answer to the petition against […] And Grants Warand for citeing of witnesses against that day, And in the mean time Discharges the Laird of Halgreen to disturb or molest the petitioner any maner of way as he will be answerable at his highest perill, And Grants personall protectione to the said Laird of Halgreen for the said haill day and Discharges messengers at armes or officers alse weell In burgh as Landward to put any letters of Caption or acts of Warding or other dilligence to executione against the persone of the said Rait of Halgreen dureing the said day for any Cause or occasione Excepting ther Majesties rents and publict dues.

Edinburgh the Twentie fifth day of December Jaj vjc nyntie four

D1694/12/301

Act

Act Mr David Ferguson contra Halgreen

Anent a Petition given In to the Lords of ther majesties privy Councill be Mr David Fergusone wryter in Edinburgh Shewing That the petitioner being Imployed by the Creditors of William Rait of Halgreen to Cary one the ranking depending amongst them before the Lords of sessione and to procure a factor to be nominat by their Lordships for uplifting the rents in the mean time, and accordingly George Mckenzie being nominat, He did by vertue of his Comissione enter to the posessione of the estate for the behoove of the Creditors by holding of Cautioners and Decerning the tennents and uplifting the rents Lyke as the tenents before the nomination of the factor being Distressed by Halgreen and his Creditors they did suspend upon multiply poynding, notwithstanding of all quhich and that the suspensione was intimat to Halgreen himself yet he with severall others his accomplices haveing come to the ground of the Lands Beatten and abused the tennents and Caried away ther goods upon pretence of bygone rent The Creditors did againe Imploy the petitioner to pursue him before the saids Lords at the instance of the factor and tennents for the said ryot, and accordingly the letters being raised and execute to the twentie two day of november Last the dyet was continued for severall Councill dayes dureing which the Lybell was never Called all which time the tennents attended untill at Last Halgreen having obtained a protectione from the saids Lords for his Compeirance and the tennants being wearied through long attendance They went hom with a resolution to have returned this day But throw the badnes of the weather they have been detained Lykeas both the petitioner and they have been dayly threatned by Halgreen that he would kill them and particularly this day being the Eleventh day of December instant the petitioner being in the outter parliament house attending the petitioners Clients affairs The said William Rait without any maner of provocatione did fall upon the petitioner and not only threatned to beath him But alsoe actually Lay hands upon him by endeavoring to 2 the petitioner doune upon the Floor wherthrow the petitioner is extreamly prejudged in his heath being therby rendered incapable to goe about his affairs And Therfore Humbly Craving the saids Lords not only Continue the dyet of the Lybell against Halgreen untill Thursday nixt But alsoe to ordaine him to find Cautione to keep the petitioner haimles and skaithless and to punish him in what he has allready done at least to Grant warrand to the petitioner for citeing witnesses for proveing the beatting within the parliament house That so the petitioner may goe about his Clients affairs with safety of his persone as the petition bears The Lords of their Majesties privy Councill Having Considered this petitione given in to them be the above Mr David Fergusone Thay heirby Ordaine letters to be direct at the petitioners instance for citeing the Laird of Halgreen to answer to the petition against […] And Grants Warand for citeing of witnesses against that day, And in the mean time Discharges the Laird of Halgreen to disturb or molest the petitioner any maner of way as he will be answerable at his highest perill, And Grants personall protectione to the said Laird of Halgreen for the said haill day and Discharges messengers at armes or officers alse weell In burgh as Landward to put any letters of Caption or acts of Warding or other dilligence to executione against the persone of the said Rait of Halgreen dureing the said day for any Cause or occasione Excepting ther Majesties rents and publict dues.

1. NRS, PC2/25, 121r-121v.

2. The word ‘Execute’ scored out here.

1. NRS, PC2/25, 121r-121v.

2. The word ‘Execute’ scored out here.

Act, 25 December 1694, Edinburgh

Edinburgh the Twentie fifth day of December Jaj vjc nyntie four

D1694/12/291

Act

Act The toune of Jedburghs accompts

The Lords of their Majesties privy Councill haveing Considered a Report made to them be a Comittie of their oun number appointed for reviseing the accompts resting by ther majesties forces to the inhabitants of the burgh of Jedburgh with the instructiones and verificationes therof They Find that the first article of the said accompt stated upon Captaine Bennet of Grubits troop being thretie six punds Does exceid the rate allowed by the Councill and therfore they have restricted the Same to thretie punds being the rate allowed by the Councill And Finds that ther is ane article of twelue punds Fourtein shilling Stated as resting be the said Captaine Bennet his troop which belongs to Coll John Laneirs regiment and therfore they have deduced the same from Captaine Bennets troop and stated it upon Laniers regiment And the Committie finds the haill articles of the said accompt so restricted and rectified suficiently verified and proven be the recepts and be the report of the Commissioners of Supply within the shyre of Roxburgh bearing that the Land Lords and Creditors in the accompts Compeired before them and produced the particular tickets mentioned in the accompt and for farder verifieing of the accompt upon their great oathes Deponed that the haill soumes in the tickets and accompts are still resting and no part therof payed, which accompts tickets and report were produced to and Considered by the Committie and Finds that ther is still resting by the said Captaine Bennet of Grubits troop which is upon scots pay to the saids inhabitants of the burgh of Jedburgh the soume of ane Thousand thrie score and thrie punds sixtein shilling scots which the Committie Finds was all furnished preceiding the first day of February Jaj vjc nyntie one years and Finds the same is in the termes of the nynth act fourth sessione of this Current parliament dated the twentie day of may Jaj vjc nyntie thrie years Intituled act for polemoney and of the proclamation of Councill of the date the last day of Jully Jaj vjc nyntie four years years2 and Therfore It is the Committies opinion That the said soume of one Thousand Thriescore therie3 punds sixtein shilling scots is to be payed to the inhabitants of the said burgh of Jedburgh out of the said polemoney And that the saids inhabitants are to be recomended to the Lords Commissioners of their Majesties thesaury for payment of the same accordingly And the Comittie finds that ther is resting be the said Coll Lanier his regiment which was not upon scots pay to the saids inhabitants the soume of Thriescore seven punds scots furnished preceiding the said first of February Jaj vjc nyntie one years as the report it self at more length bears The saids Lords of their Majesties privy Councill Doe heirby approve of the said Report, And Recommends to the Lords Commissioners of ther Majesties thesaury to Cause payment be made to the inhabitants within the said toune of Jedburgh of the said soume of ane Thousand sixtie thrie punds sixtein shilling scots money resting to them by their majesties forces upon scots pay in the termes of the forsaid report.

Edinburgh the Twentie fifth day of December Jaj vjc nyntie four

D1694/12/291

Act

Act The toune of Jedburghs accompts

The Lords of their Majesties privy Councill haveing Considered a Report made to them be a Comittie of their oun number appointed for reviseing the accompts resting by ther majesties forces to the inhabitants of the burgh of Jedburgh with the instructiones and verificationes therof They Find that the first article of the said accompt stated upon Captaine Bennet of Grubits troop being thretie six punds Does exceid the rate allowed by the Councill and therfore they have restricted the Same to thretie punds being the rate allowed by the Councill And Finds that ther is ane article of twelue punds Fourtein shilling Stated as resting be the said Captaine Bennet his troop which belongs to Coll John Laneirs regiment and therfore they have deduced the same from Captaine Bennets troop and stated it upon Laniers regiment And the Committie finds the haill articles of the said accompt so restricted and rectified suficiently verified and proven be the recepts and be the report of the Commissioners of Supply within the shyre of Roxburgh bearing that the Land Lords and Creditors in the accompts Compeired before them and produced the particular tickets mentioned in the accompt and for farder verifieing of the accompt upon their great oathes Deponed that the haill soumes in the tickets and accompts are still resting and no part therof payed, which accompts tickets and report were produced to and Considered by the Committie and Finds that ther is still resting by the said Captaine Bennet of Grubits troop which is upon scots pay to the saids inhabitants of the burgh of Jedburgh the soume of ane Thousand thrie score and thrie punds sixtein shilling scots which the Committie Finds was all furnished preceiding the first day of February Jaj vjc nyntie one years and Finds the same is in the termes of the nynth act fourth sessione of this Current parliament dated the twentie day of may Jaj vjc nyntie thrie years Intituled act for polemoney and of the proclamation of Councill of the date the last day of Jully Jaj vjc nyntie four years years2 and Therfore It is the Committies opinion That the said soume of one Thousand Thriescore therie3 punds sixtein shilling scots is to be payed to the inhabitants of the said burgh of Jedburgh out of the said polemoney And that the saids inhabitants are to be recomended to the Lords Commissioners of their Majesties thesaury for payment of the same accordingly And the Comittie finds that ther is resting be the said Coll Lanier his regiment which was not upon scots pay to the saids inhabitants the soume of Thriescore seven punds scots furnished preceiding the said first of February Jaj vjc nyntie one years as the report it self at more length bears The saids Lords of their Majesties privy Councill Doe heirby approve of the said Report, And Recommends to the Lords Commissioners of ther Majesties thesaury to Cause payment be made to the inhabitants within the said toune of Jedburgh of the said soume of ane Thousand sixtie thrie punds sixtein shilling scots money resting to them by their majesties forces upon scots pay in the termes of the forsaid report.

1. NRS, PC2/25, 120r-120v.

2. Sic.

3. Sic.

1. NRS, PC2/25, 120r-120v.

2. Sic.

3. Sic.

Warrant, 25 December 1694, Edinburgh

Edinburgh the Twentie fifth day of December Jaj vjc nyntie four

D1694/12/281

Warrant

Warrand for Collecting the Contrabution for building bridge at Kinross.

The Lords of their majesties privy Councill being informed that the day assigned for Collecting the Contributiones to be made for building a bridge over the watter Quich at the toune end of Kinross within the burgh of Edinburgh and its suburbs Comprehending the toune of Leith is now elapsed and that these Contributions are not yet made Therfore the saids Lords doe hereby appoint the thrid Lords day of February nixt to be the day for makeing the said Collection within the said toune of Edinburgh and its suburbs Comprehending the toune of Leith

Edinburgh the Twentie fifth day of December Jaj vjc nyntie four

D1694/12/281

Warrant

Warrand for Collecting the Contrabution for building bridge at Kinross.

The Lords of their majesties privy Councill being informed that the day assigned for Collecting the Contributiones to be made for building a bridge over the watter Quich at the toune end of Kinross within the burgh of Edinburgh and its suburbs Comprehending the toune of Leith is now elapsed and that these Contributions are not yet made Therfore the saids Lords doe hereby appoint the thrid Lords day of February nixt to be the day for makeing the said Collection within the said toune of Edinburgh and its suburbs Comprehending the toune of Leith

1. NRS, PC2/25, 120r.

1. NRS, PC2/25, 120r.

Sederunt, 25 December 1694, Edinburgh

Edinburgh the Twentie fifth day of December Jaj vjc nyntie four1

D1694/12/272

Sederunt

Earl of Argyll; Earl of Southerland; Earl of Cassills; Earl of Leven; Earl of Annandale preses; Earl of Forfar; Viscount Tarbat; Lord Carmicheall; Lord Justice Clerk; Lord Hatton; Mr Fra: Montgomry

Edinburgh the Twentie fifth day of December Jaj vjc nyntie four1

D1694/12/272

Sederunt

Earl of Argyll; Earl of Southerland; Earl of Cassills; Earl of Leven; Earl of Annandale preses; Earl of Forfar; Viscount Tarbat; Lord Carmicheall; Lord Justice Clerk; Lord Hatton; Mr Fra: Montgomry

1. NRS, PC2/25, 119v.

2. NRS, PC2/25, 119v.

1. NRS, PC2/25, 119v.

2. NRS, PC2/25, 119v.

Commission by the Council, 25 December 1694, Edinburgh

At Edinburgh tuesday 25th December 1694

A1694/12/441

Commission by the Council

Commissione to Lapnes for searching a ship with armes

The Lords of their majesties privy Councill being informed That Robert Elphingstoune of Lapness hes secured a ship lately come to the harbour of Corstain in Orknay whereof Nathaniell Smyth is master and that severall Hundreds of swords etc. have been conveyed a shoar out of the said ship by the Help and assistance of one Cunyngham bound for Glasgow And that it is suspected There are more armes Swords muskets or others in the said ship They Hereby Give full power warrand and Commissione to the said Robert Elphingstoune of Lopness to furder search the said ship and the vessell belonging to the said Cunynghame for armes and such places at land as the said armes may be lodged in, and for that effect to unload the said ships (if need be) and to seize upon and secure such armes as shall be found in the said ships or carried from them to Land if in any suspect quantitie and appoynts the said Robert Elphingstoune to report and true and exact account of his dilligence in this matter with all care to the said Lords of their majesties privy Councill and for the better executing of the premisses allowes the said Robert Elphingstoune of Lapness To call for the assistance of the magistrats of the place if he find the same necessar sic subscribitur Annandale p: Argyll Southerland Lothian Forfar Carmichaell Adam Cockburne John Lauder

At Edinburgh tuesday 25th December 1694

A1694/12/441

Commission by the Council

Commissione to Lapnes for searching a ship with armes

The Lords of their majesties privy Councill being informed That Robert Elphingstoune of Lapness hes secured a ship lately come to the harbour of Corstain in Orknay whereof Nathaniell Smyth is master and that severall Hundreds of swords etc. have been conveyed a shoar out of the said ship by the Help and assistance of one Cunyngham bound for Glasgow And that it is suspected There are more armes Swords muskets or others in the said ship They Hereby Give full power warrand and Commissione to the said Robert Elphingstoune of Lopness to furder search the said ship and the vessell belonging to the said Cunynghame for armes and such places at land as the said armes may be lodged in, and for that effect to unload the said ships (if need be) and to seize upon and secure such armes as shall be found in the said ships or carried from them to Land if in any suspect quantitie and appoynts the said Robert Elphingstoune to report and true and exact account of his dilligence in this matter with all care to the said Lords of their majesties privy Councill and for the better executing of the premisses allowes the said Robert Elphingstoune of Lapness To call for the assistance of the magistrats of the place if he find the same necessar sic subscribitur Annandale p: Argyll Southerland Lothian Forfar Carmichaell Adam Cockburne John Lauder

1. NRS, PC1/50, 84-5.

1. NRS, PC1/50, 84-5.

Act, 25 December 1694, Edinburgh

At Edinburgh tuesday 25th December 1694

A1694/12/431

Act

Act Appoynting the Dean of Gild of Edinburgh to make ponds

The Lords of their majesties privy Councille haveing called the Dean of gild of Edinburgh who appeared at the bar They hereby Ordaine the said dean of Gild with advyce of the master of their majesties mint To cause prepare and make readie ponds for the croune peices tuentie shilling peices and fyve shilling peices so many as the master of the mint shall have use for and to wighe them conforme to the English peill of2 weights in the Hands of the Dean of Gild and Cause mark the same and To attend the Committie of privie Councille appoynted anent the affairs of the mint and bring the said ponds and peill of weights alongs with them to the mint house upon Munday next the last of December instant at ten of the cloak in the forenoone

At Edinburgh tuesday 25th December 1694

A1694/12/431

Act

Act Appoynting the Dean of Gild of Edinburgh to make ponds

The Lords of their majesties privy Councille haveing called the Dean of gild of Edinburgh who appeared at the bar They hereby Ordaine the said dean of Gild with advyce of the master of their majesties mint To cause prepare and make readie ponds for the croune peices tuentie shilling peices and fyve shilling peices so many as the master of the mint shall have use for and to wighe them conforme to the English peill of2 weights in the Hands of the Dean of Gild and Cause mark the same and To attend the Committie of privie Councille appoynted anent the affairs of the mint and bring the said ponds and peill of weights alongs with them to the mint house upon Munday next the last of December instant at ten of the cloak in the forenoone

1. NRS, PC1/50, 84.

2. One illegible word scored out here.

1. NRS, PC1/50, 84.

2. One illegible word scored out here.

Act, 25 December 1694, Edinburgh

At Edinburgh tuesday 25th December 1694

A1694/12/421

Act

Liberatione Mr Robert Wilsone

Anent the petitione given in to the Lords of their majesties privy Councill by Robert Wilsone merchant in Renfrew Shewing that where upon a petitione given in to the said Lords by the said petitioner against Thomas Craufurd Elder of Carseburne The said Lords were pleased to ordor the petitioner prisoner to the Tolbooth of Edinburgh for some impertinent words made use of by him in the said petitione against the said Thomas Craufurd as to which sentance he humbly acquiesced and begged libertie to represent to the said Lords That these expressions proceeded meerly upon ignorance humour and precipitance of the petitioner He haveing neither money to bestow upon lawiers nor freinds to give him advyse in this matter and now seeing that He is sensible of the offence done to the said Lords and of his rashness and folly in the said matter and that he hes nothing whereupon to sustaine himself but what he hes from freinds of Charity and therfore humblie Craveing the said Lords might be pleased in consideratione of the premisses and of petitioners hard Circumstances and with the great losses and misfortunes he hath lately mett with To grant warrand to the Magistrats of Edinburgh and Keeper of their tolbooth to sett the said petitioner at liberty furth thereof free of house dues as the said petitione at lenth bears
The Lords of their majesties privy Councill haveing Considered the said petitione given in to them by the said Robert Wilsone They Hereby give ordor and warrand To the magistrats of Edinburgh and keeper of their tolbooth to sett the said petitioner at libertie furth thereof

At Edinburgh tuesday 25th December 1694

A1694/12/421

Act

Liberatione Mr Robert Wilsone

Anent the petitione given in to the Lords of their majesties privy Councill by Robert Wilsone merchant in Renfrew Shewing that where upon a petitione given in to the said Lords by the said petitioner against Thomas Craufurd Elder of Carseburne The said Lords were pleased to ordor the petitioner prisoner to the Tolbooth of Edinburgh for some impertinent words made use of by him in the said petitione against the said Thomas Craufurd as to which sentance he humbly acquiesced and begged libertie to represent to the said Lords That these expressions proceeded meerly upon ignorance humour and precipitance of the petitioner He haveing neither money to bestow upon lawiers nor freinds to give him advyse in this matter and now seeing that He is sensible of the offence done to the said Lords and of his rashness and folly in the said matter and that he hes nothing whereupon to sustaine himself but what he hes from freinds of Charity and therfore humblie Craveing the said Lords might be pleased in consideratione of the premisses and of petitioners hard Circumstances and with the great losses and misfortunes he hath lately mett with To grant warrand to the Magistrats of Edinburgh and Keeper of their tolbooth to sett the said petitioner at liberty furth thereof free of house dues as the said petitione at lenth bears
The Lords of their majesties privy Councill haveing Considered the said petitione given in to them by the said Robert Wilsone They Hereby give ordor and warrand To the magistrats of Edinburgh and keeper of their tolbooth to sett the said petitioner at libertie furth thereof

1. NRS, PC1/50, 83-4.

1. NRS, PC1/50, 83-4.

Procedure, 25 December 1694, Edinburgh

At Edinburgh tuesday 25th December 1694

A1694/12/411

Procedure

[Procedure anent letter]

The Letter being read the same was2 Intimate to the Lord Carmichaell being personallie present at the Councill board the tyme of the reading thereof and the Councill recommended to the Earle of Annandale prases of the Councill for the tyme to intimat the same to the Lord Jedburgh

At Edinburgh tuesday 25th December 1694

A1694/12/411

Procedure

[Procedure anent letter]

The Letter being read the same was2 Intimate to the Lord Carmichaell being personallie present at the Councill board the tyme of the reading thereof and the Councill recommended to the Earle of Annandale prases of the Councill for the tyme to intimat the same to the Lord Jedburgh

1. NRS, PC1/50, 83.

2. The word ‘read’ scored out here.

1. NRS, PC1/50, 83.

2. The word ‘read’ scored out here.