Order, 25 January 1694, Edinburgh

Att Edinburgh the tuentie fifth day of January Jaj vic nyntie four years

A1694/1/411

Order

Recommendatione to The Thesaury to advance 100lb Sterline to Sir Thomas Livingstouns regiment

The Lords of their Majesties privy Councell being Informed by Sir Thomas Livingstoune Commander in cheiff of their Majesties forces uithin this kingdome That the souldiers of the regiment of dragoones under his Command are in Great difficulties for want of subsistance by the not tymely coming of their pay from England and so in dainger to desert and run from their Collours and that their subsistance is dayly expected from England and that the said Sir Thomas Is uilling to Ingadge his Credite for the supply of the saids souldiers Therfore and for preventing or lossing of the said regiment which would tend much to their Majesties prejudice They Heirby Recommend to the Lords Commissioners of their Majesties Thesaury To Cause furnish and advance for the present supply of the said regiment the soume of ane thousand pounds sterline upon bond to be Granted for the said soume by the said Sir Thomas Livingstoune himself Bearing borroued money without any relatione or mentione of the subsistance or releiff of the said regiment And that the said soume of ane thousand pounds sterline be advanced out of some of the fonds Laid on by the late session of Parliament sic subscribitur Tueeddall cancel: Leven Annandall Tarbat Beilhaven Poluarth Unstruther John Lauder William Master of Forbess

At Edinburgh 25 January 1694

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Order

Recommendation to the treasury to advance £1,000 Sterling to Sir Thomas Livingstone’s regiment

The lords of their majesties’ privy council being informed by Sir Thomas Livingstone, commander in chief of their majesties’ forces within this kingdom that the soldiers of the regiment of dragoons under his command are in great difficulties for want of subsistence by the not timely coming of their pay from England and so in danger to desert and run from their colours, and that their subsistence is daily expected from England and that the said Sir Thomas is willing to engage his credit for the supply of the said soldiers, therefore and for preventing or losing of the said regiment, which would tend much to their majesties’ prejudice, they hereby recommend to the lord commissioners of their majesties’ treasury to cause furnish and advance for the present supply of the said regiment the sum of £1,000 Sterling upon bond to be granted for the said sum by the said Sir Thomas Livingstone himself bearing borrowed money without any relation or mention of the subsistence or relief of the said regiment, and that the said sum of £1,000 Sterling be advanced out of some of the funds laid on by the late session of parliament. Sic subscribitur Tweeddale chancellor; Leven; Annandale; Tarbat; Belhaven; Polwarth; Anstruther; John Laude; William, master of Forbes.

1. NRS, PC1/49, 236.

1. NRS, PC1/49, 236.

Act, 25 January 1694, Edinburgh

Att Edinburgh the tuentie fifth day of January Jaj vic nyntie four years

A1694/1/401

Act

Protectione To Raite of Halgreen

Anent The petitione Given in to the Lords of their Majesties privie Councell Be Uilliam Raite of Halgreen sheuing That wher David Auchterlonie merchant in Montross taking advantadge of the petitioners present Circumstances Being necessitat to retire to the abbay through the rigour of some of his Creditors occasioned by the unjust dealling of Mr Androw Wood of Netherbennum and James Burnet of Lagavon to whom he sold pairt of his estate to the value of sixtie six thousand merks as uas nottourly knouen touards their payment and satisfactione they having suspended the charge for payment therof He the said David Auchterlony finding the petitioner at this pinch had raised ane Complaint before the saids Lords for ane ryott Committed by the petitioner upon him and for severall other Calumnious Crymes In manner specified in the Coppie of the Letters theruith produced and had given him ane charge and Citatione to Compear before the saids Lords the first of February nixt And seing he was verie willing to Give obedience to the said Citatione and Compear before the saids Lords the said day In ordor to his defence and vindicatione If he had personall freedome from Captiones and other personall dilligence for civill debts And that the saids Lords were authorized and in use to Grant protectiones in such caises for such competent tyme That parties may Compear and have the benefite of their Lordships Justice in their Just and Laufull defence And therfore Supplicating to the effect underwryten as the said petitione bears The Lords of their Majesties privy Councell Having Considered the forsaid petitione given in to them be the above Uilliam Raite of Halgreen They Heirby Grant personall protectione to the petitioner till the Eighteenth day of February nixt to Come And discharges all Judges and Magistrats, messengers at armes, officers in burgh or Landuard To putt any Letters of Captione Acts of warding or other personall dilligence to executione Against the said William Raite untill the forsaid day inclusive Excepting alwayes their Majesties rents and publict dues sic subscribitur Tueeddall cancel: Leven Annandall Tarbat Beilhaven Polluarth W Anstruther John Lauder William Master of Forbess

At Edinburgh 25 January 1694

A1694/1/401

Act

Protection to Raitt of Hallgreen

Concerning the petition given in to the lords of their majesties’ privy council by William Raitt of Hallgreen, showing that where David Auchterlonie, merchant in Montrose, taking advantage of the petitioner’s present circumstances, being necessitated to retire to the abbey through the rigour of some of his creditors occasioned by the unjust dealing of Mr Andrew Wood of Nether Benholm and James Burnet of Lagavon, to whom he sold part of his estate to the value of 66,000 merks as was notorious known towards their payment and satisfaction, they having suspended the charge for payment thereof, he the said David Auchterlonie, finding the petitioner at this pinch, had raised a complaint before the said lords for a riot committed by the petitioner upon him and for several other calumnious crimes in manner specified in the copy of the letters therewith produced, and had given him a charge and citation to appear before the said lords [on] 1 February next, and seeing he was very willing to give obedience to the said citation and appear before the said lords the said day in order to his defence and vindication if he had personal freedom from captions and other personal diligence for civil debts, and that the said lords were authorised and in use to grant protections in such cases for such competent time that parties may appear and have the benefit of their lordships’ justice in their just and lawful defence, and therefore supplicating to the effect underwritten, as the said petition bears. The lords of their majesties’ privy council having considered the foresaid petition given in to them by the above William Raitt of Hallgreen, they hereby grant personal protection to the petitioner till 18 February next to come, and discharge all judges and magistrates, messengers at arms, officers in burgh or landward, to put any letters of caption, acts of warding, or other personal diligence to execution against the said William Raitt until the foresaid day inclusive, excepting always their majesties’ rents and public dues. Sic subscribitur Tweeddale chancellor; Leven; Annandale; Tarbat; Belhaven; Polwarth; William Anstruther; John Lauder; William, master of Forbes.

1. NRS, PC1/49, 235.

1. NRS, PC1/49, 235.

Act, 25 January 1694, Edinburgh

Att Edinburgh the tuentie fifth day of January Jaj vic nyntie four years

A1694/1/391

Act

Liberatione Leivt Collonell George Winrhame

Anent The petitione Given In to the Lords of their Majesties privy Councell Be Leivt Collonell George Winrhame Sheuing That the petitioner at his attendance upon the saids Lords near Eight months agoe was made prisoner in the Castle of Stirline quhere he had for soe many months Continoued under the Infirmities of old age and many other evills which he uould not Give their Lordships the trowble to know Besyds the great prejudice he is Lyke to sustaine in his affairs be his absence from the sessione house He having tuo Considerable processes in the roll and others Coming in against him which the petitioner desyred might be rather taken Into favourable Consideratione then particularly urged be him And the petitioner Having alwayes Lived peacably For which he was Content not only to find sufficient Cautione to Continou still to doe but lykewayes to Compear before their Lordships when called And therfore Supplicating to the effect underwryten as the said petitione bears The Lords of their Majesties privy Councell Having Considered the forsaid petitione given in to them Be the above Leivt Collonell Winrhame They Heirby Give ordor and warrand to Leivt Collonell John Areskine Leivt Governour of the Castle of Stirline And in his absence the nixt Commanding officer ther to sett the petitioner at Liberty furth of the said Castle And Confyns him to the toune of Edinburgh and a Mylle about the same In respect he hes given bond and found sufficient Cautione acted in the books of privy Councell That he shall straight way repaire from the said Castle of Stirline to the said toune of Edinburgh And that he shall remaine Confyned therat and uithin a mylle about the same And not Goe uithout the bounds of his Confynment And that he shall Reenter himself prisoner uithin the said Castle of Stirline betuixt and the first teusday in march nixt And in the mean tyme that he shall Live peacably under and uith all submission to the present government of their Majesties King William and Queen Mary And that he shall not Act Consult nor Contryve any thing in prejudice therof nor Converss or correspond uith any rebells And shall appear before the saids Lords of privy Councell if called for before the said day under the penaltie of ten thousand merks Scotts In caise he shall transgress in any part of the premisses

At Edinburgh 25 January 1694

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Act

Liberation Lieutenant Colonel George Winram

Concerning the petition given in to the lords of their majesties’ privy council by Lieutenant Colonel George Winram, showing that the petitioner at his attendance upon the said lords near Eight months ago was made prisoner in the castle of Stirling, where he has for so many months continued under the infirmities of old age and many other evils which he would not give their lordships the trouble to know, besides the great prejudice he is like to sustain in his affairs by his absence from the session house, he having two considerable processes in the roll and others coming in against him, which the petitioner desired might be rather taken into favourable consideration than particularly urged by him. And the petitioner having always lived peaceably, for which he was content not only to find sufficient caution to continue still to do, but likewise to appear before their lordships when called, and therefore supplicating to the effect underwritten, as the said petition bears. The lords of their majesties’ privy council having considered the foresaid petition given in to them by the above Lieutenant Colonel Winram, they hereby give order and warrant to Lieutenant Colonel John Erskine, lieutenant governor of the Castle of Stirling, and in his absence the next commanding officer there, to set the petitioner at liberty forth of the said castle, and [they] confine him to the town of Edinburgh and a mile about the same, in respect he has given bond and found sufficient caution acted in the books of privy council that he shall straight away repair from the said castle of Stirling to the said town of Edinburgh. And that he shall remain confined thereat and within a mile about the same, and not go without the bounds of his confinement. And that he shall re-enter himself prisoner within the said castle of Stirling between [now] and the first Tuesday in March next. And in the meantime that he shall live peaceably under and with all submission to the present government of their majesties King William and Queen Mary, and that he shall not act, consult, nor contrive anything in prejudice thereof nor converse or correspond with any rebels, and shall appear before the said lords of privy council if called for before the said day, under the penalty of 10,000 merks Scots in case he shall transgress in any part of the premisses.

1. NRS, PC1/49, 234-5.

1. NRS, PC1/49, 234-5.

Sederunt, 25 January 1694, Edinburgh

Att Edinburgh the tuentie fifth day of January Jaj vic nyntie four years1

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Sederunt

Lord Chancellor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Annandale; Earl of Forfar; Viscount Tarbat; Lord Raith; Lord Ross; Lord Beilhaven; Lord Polluarth; Master of Forbess; Lord Advocat; Lord Hattoun; Lord Anstruther; Sir Thomas Livingstoun

At Edinburgh 25 January 16941

A1694/1/382

Sederunt

[John Hay, earl of Tweeddale] lord chancellor; [George Gordon] earl of Sutherland; [George Livingston] earl of Linlithgow; [David Melville] earl of Leven; [William Johnston] earl of Annandale; [Archibald Douglas] earl of Forfar; [George Mackenzie] viscount of Tarbat; [Alexander Melville] Lord Raith; [William] Lord Ross; [John Hamilton] Lord Belhaven; [Sir Patrick Hume] Lord Polwarth; [William] master of Forbes; [Sir James Stewart of Goodtrees], lord advocate; [Sir John Lauder] Lord Hatton; [William] Lord Anstruther; Sir Thomas Livingstone

1. NRS, PC1/49, 234.

2. NRS, PC1/49, 234.

1. NRS, PC1/49, 234.

2. NRS, PC1/49, 234.