Procedure, 25 June 1696, Edinburgh

Att Edinburgh the twentie fifth day of Jwny Jaj vic nyntie six yeirs

D1696/6/251

Procedure

[Committee anent Aberdeenshire Commissioners of Supply]

The Cownsell adds the Earle of Forfar to the Comittie formerly nominat for examineing the wittnesses in the proces of Reconventione at the instance of the Commissioners of Supply within the Shyre of Aberdeen Against Robert Martine of Brwntbrae And recomends to the said Committie to meet the morrow at ten in the forenoon And to proceed to the examinatione of the wittnesses And also all the havers of wrytes cited upon the said Robert Martine of Burntbrae his dilligence

Att Edinburgh the twentie fifth day of Jwny Jaj vic nyntie six yeirs

D1696/6/251

Procedure

[Committee anent Aberdeenshire Commissioners of Supply]

The Cownsell adds the Earle of Forfar to the Comittie formerly nominat for examineing the wittnesses in the proces of Reconventione at the instance of the Commissioners of Supply within the Shyre of Aberdeen Against Robert Martine of Brwntbrae And recomends to the said Committie to meet the morrow at ten in the forenoon And to proceed to the examinatione of the wittnesses And also all the havers of wrytes cited upon the said Robert Martine of Burntbrae his dilligence

1. NRS, PC2/26, 218r.

1. NRS, PC2/26, 218r.

Procedure, 25 June 1696, Edinburgh

Att Edinburgh the twentie fifth day of Jwny Jaj vic nyntie six yeirs

D1696/6/241

Procedure

[Kinnimouth to be apprehended]

The advocat haveing acqwainted the Counsell That Kininmowth being by ther Lordships ordered to be apprehended And that the Shirreff Deput of Fiffe Retwrnes ansuer that he hes absconded himself And therfor The Advocat craves proclamatione to be emitted for apprehending him The Cownsell Leaves to his Majesties Advocat to raise Lybell against Kininmowth and if he compeare not they will order him to be denunced.

Att Edinburgh the twentie fifth day of Jwny Jaj vic nyntie six yeirs

D1696/6/241

Procedure

[Kinnimouth to be apprehended]

The advocat haveing acqwainted the Counsell That Kininmowth being by ther Lordships ordered to be apprehended And that the Shirreff Deput of Fiffe Retwrnes ansuer that he hes absconded himself And therfor The Advocat craves proclamatione to be emitted for apprehending him The Cownsell Leaves to his Majesties Advocat to raise Lybell against Kininmowth and if he compeare not they will order him to be denunced.

1. NRS, PC2/26, 218r.

1. NRS, PC2/26, 218r.

Sederunt, 25 June 1696, Edinburgh

Att Edinburgh the twentie fifth day of Jwny Jaj vic nyntie six yeirs1

D1696/6/232

Sederunt

Lord Chancellor; Earl of Melvill; Duke of Qweensberry; Earl of Argwyle; Earl of Southerland; Earl of Mortowne; Earl of Lawderdale; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Yester; Lord John Hamiltoune; Lord Belhaven; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Laird of Pollock; Laird of Leyes; Laird of Stevensone; Laird of Cessnock

Att Edinburgh the twentie fifth day of Jwny Jaj vic nyntie six yeirs1

D1696/6/232

Sederunt

Lord Chancellor; Earl of Melvill; Duke of Qweensberry; Earl of Argwyle; Earl of Southerland; Earl of Mortowne; Earl of Lawderdale; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Yester; Lord John Hamiltoune; Lord Belhaven; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Laird of Pollock; Laird of Leyes; Laird of Stevensone; Laird of Cessnock

1. NRS, PC2/26, 218r.

2. NRS, PC2/26, 218r.

1. NRS, PC2/26, 218r.

2. NRS, PC2/26, 218r.

Procedure, 25 June 1696, Edinburgh

Att Edinburgh the Tuenty fifth day of June Jaj vjc nyntie six years

A1696/6/611

Procedure

Delay anent the Highland Clanns

The Lords of his Majesties privie Councill Having Considered the report of the Committie anent the highland Clanns They delay any procedure against the saids Clanns or Chiftains till the Last Thursday of Jullie next to Come

Att Edinburgh the Tuenty fifth day of June Jaj vjc nyntie six years

A1696/6/611

Procedure

Delay anent the Highland Clanns

The Lords of his Majesties privie Councill Having Considered the report of the Committie anent the highland Clanns They delay any procedure against the saids Clanns or Chiftains till the Last Thursday of Jullie next to Come

1. NRS, PC1/50, 571.

1. NRS, PC1/50, 571.

Act, 25 June 1696, Edinburgh

Att Edinburgh the Tuenty fifth day of June Jaj vjc nyntie six years

A1696/6/601

Act

Liberatione The Laird of Lagg

Anent the petition given in to the Lords of his Majesties privie Councill By Sir Robert Greirsone of Lagg Sheuing That wher the petitioner Having been made prisoner upon the third of Aprile Last shortly after his Imprisonment He understood ther was ane Informatione exhibited against him as if he had been guiltie of or accessorie to Clipping or Coyning of money And the noise of this Information Having spread everywher abroad He did Conceave he Could not be free from the scandall of it without a proces and therfore He did not attempt to obtaine his Liberatione But did apply to their Lordships that his Majesties Advocat might be appointed to raise a proces and Give him a tryall which their Lordships were pleased to appoint and therafter to renue the same order prefixing a precise day betuixt and which The Advocat was to Insist and accordingly a Lybell being raised And after some delayes Ther being a full debate and Information upon the Lybell and ansuers ready to be advysed His Majesties Advocat Did declare That not being Instructed uith probatione He uould desert the dyet And tho the petitioner did press all that was possible for him that the tryall might proceed yet he uas overruled in that notuithstanding he was remanded to prisone wher he Still Continoues The petitioner Humblie represents to their Lordships that being Conscious of his Innocencie of the Crymes and qualifications wheruith he was charged He did verie patiently Continow in prisone uithout applying for his Libertie untill the proces should be over But seing He Could obtaine noe more Then that the dyet should be simpliciter deserted He humblie presums that his Libertie is now his right For ther was noe Cause of his Committment exprest And he having receaved ane Indytment for his Life and fortune Law and reasone must presume that anything that Could be Legallie charged against him was Contained in that Indytment which Indytment being now off the field It is reasonable He should be at Libertie For which if he should remaine Longer in prison Ther can be no methode of obtaining ane end of his Imprisonment For suppose a new Information were exhibited against the petitioner and a new tryall appointed And that ther uere a new dyet deserted and the petitioner acquitt He might be subject to the same Inconveniency of a new Imprisonment upon ane other malicious Information and so uithout end And this Inconveniencie may befall any of the Leidges who hath but a malicious enemy and seing Libertie is one of the most valuable enjoyments and that the vindication of his reputation doeth also requyre a speedy Enlargement and therfore humblie craving their Lordships to order the petitioners liberatione that he may be the more at freedome to clear himself of any farder Imputatione or aspersion that hath been since uakned or spread abroad against him which he uill be Carefull to doe in due tyme as the said petition Bears The saids Lords of his Majesties privie Councill Having Considered this petitione Given in to them By the said Sir Robert Greirsone of Lagg They heirby Give order and uarrand to the magistrats of Edinburgh and Keeper of their tolbooth To sett the petitioner at Libertie furth therof In respect he hath Given bond and found sufficient Caution acted in the books of privie Councill That he shall Live peacably under and uith all submission to the present Government of his Majestie King William and that he shall not Act Consult or Correspond uith any rebells And that he shall appear before the Lords of his Majesties privie Counsell whensoever he shall be Called or requyred to that effect under the penaltie of one Thousand pounds sterling In caise he shall transgress in any pairt of the premisses

Att Edinburgh the Tuenty fifth day of June Jaj vjc nyntie six years

A1696/6/601

Act

Liberatione The Laird of Lagg

Anent the petition given in to the Lords of his Majesties privie Councill By Sir Robert Greirsone of Lagg Sheuing That wher the petitioner Having been made prisoner upon the third of Aprile Last shortly after his Imprisonment He understood ther was ane Informatione exhibited against him as if he had been guiltie of or accessorie to Clipping or Coyning of money And the noise of this Information Having spread everywher abroad He did Conceave he Could not be free from the scandall of it without a proces and therfore He did not attempt to obtaine his Liberatione But did apply to their Lordships that his Majesties Advocat might be appointed to raise a proces and Give him a tryall which their Lordships were pleased to appoint and therafter to renue the same order prefixing a precise day betuixt and which The Advocat was to Insist and accordingly a Lybell being raised And after some delayes Ther being a full debate and Information upon the Lybell and ansuers ready to be advysed His Majesties Advocat Did declare That not being Instructed uith probatione He uould desert the dyet And tho the petitioner did press all that was possible for him that the tryall might proceed yet he uas overruled in that notuithstanding he was remanded to prisone wher he Still Continoues The petitioner Humblie represents to their Lordships that being Conscious of his Innocencie of the Crymes and qualifications wheruith he was charged He did verie patiently Continow in prisone uithout applying for his Libertie untill the proces should be over But seing He Could obtaine noe more Then that the dyet should be simpliciter deserted He humblie presums that his Libertie is now his right For ther was noe Cause of his Committment exprest And he having receaved ane Indytment for his Life and fortune Law and reasone must presume that anything that Could be Legallie charged against him was Contained in that Indytment which Indytment being now off the field It is reasonable He should be at Libertie For which if he should remaine Longer in prison Ther can be no methode of obtaining ane end of his Imprisonment For suppose a new Information were exhibited against the petitioner and a new tryall appointed And that ther uere a new dyet deserted and the petitioner acquitt He might be subject to the same Inconveniency of a new Imprisonment upon ane other malicious Information and so uithout end And this Inconveniencie may befall any of the Leidges who hath but a malicious enemy and seing Libertie is one of the most valuable enjoyments and that the vindication of his reputation doeth also requyre a speedy Enlargement and therfore humblie craving their Lordships to order the petitioners liberatione that he may be the more at freedome to clear himself of any farder Imputatione or aspersion that hath been since uakned or spread abroad against him which he uill be Carefull to doe in due tyme as the said petition Bears The saids Lords of his Majesties privie Councill Having Considered this petitione Given in to them By the said Sir Robert Greirsone of Lagg They heirby Give order and uarrand to the magistrats of Edinburgh and Keeper of their tolbooth To sett the petitioner at Libertie furth therof In respect he hath Given bond and found sufficient Caution acted in the books of privie Councill That he shall Live peacably under and uith all submission to the present Government of his Majestie King William and that he shall not Act Consult or Correspond uith any rebells And that he shall appear before the Lords of his Majesties privie Counsell whensoever he shall be Called or requyred to that effect under the penaltie of one Thousand pounds sterling In caise he shall transgress in any pairt of the premisses

1. NRS, PC1/50, 569-71.

1. NRS, PC1/50, 569-71.

Act, 25 June 1696, Edinburgh

Att Edinburgh the Tuenty fifth day of June Jaj vjc nyntie six years

A1696/6/591

Act

Act The Earle of Home

Anent the petitione given in to the Lords of his Majesties privie Councill by Charles Earle of Home Sheuing That the petitioner being Confyned to the shire of Beruick By their Lordships order He is therby restrained from coming to this City wher his privat affairs necessarly requyre his presence for some Competent tyme And the petitioner being willing to Give what securitie their Lordships think fitt for his peacable behaviour and appearance when called for for2 such tyme as he shall be alloued to reside here And Therfore Humblie Craving to the effect underwryten as the said petition Bears The saids Lords of his Majesties privie Councill Having Considered this petition given in to them by the above Earle of Home They doe heirby allow the petitioner to repaire to the toune of Edinburgh to attend his affairs during the tyme of session And that notuithstanding of the sentence of Confynment pronunced by the saids Lords against his Lordship In respect the petitioner Hath given bond and Found sufficient Cautione acted in the Books of privie Councill That he shall returne to his confynment betuixt and the Fifteenth day of Agust next to Come and that he shall not Goe uithout the bounds of the same Conforme to the former sentence of Confynment and Bond and Caution following theron Found to the saids Lords under the penaltie of Tuo Thousand pounds sterling And Declares the former sentence Bond and Caution following theron to stand in full force After the said fifteenth day of Agust next to come

Att Edinburgh the Tuenty fifth day of June Jaj vjc nyntie six years

A1696/6/591

Act

Act The Earle of Home

Anent the petitione given in to the Lords of his Majesties privie Councill by Charles Earle of Home Sheuing That the petitioner being Confyned to the shire of Beruick By their Lordships order He is therby restrained from coming to this City wher his privat affairs necessarly requyre his presence for some Competent tyme And the petitioner being willing to Give what securitie their Lordships think fitt for his peacable behaviour and appearance when called for for2 such tyme as he shall be alloued to reside here And Therfore Humblie Craving to the effect underwryten as the said petition Bears The saids Lords of his Majesties privie Councill Having Considered this petition given in to them by the above Earle of Home They doe heirby allow the petitioner to repaire to the toune of Edinburgh to attend his affairs during the tyme of session And that notuithstanding of the sentence of Confynment pronunced by the saids Lords against his Lordship In respect the petitioner Hath given bond and Found sufficient Cautione acted in the Books of privie Councill That he shall returne to his confynment betuixt and the Fifteenth day of Agust next to Come and that he shall not Goe uithout the bounds of the same Conforme to the former sentence of Confynment and Bond and Caution following theron Found to the saids Lords under the penaltie of Tuo Thousand pounds sterling And Declares the former sentence Bond and Caution following theron to stand in full force After the said fifteenth day of Agust next to come

1. NRS, PC1/50, 569.

2. Sic.

1. NRS, PC1/50, 569.

2. Sic.

Sederunt, 25 June 1696, Edinburgh

Att Edinburgh the Tuenty fifth day of June Jaj vjc nyntie six years1

A1696/6/582

Sederunt

Lord Chancelor; Earl of Melvill; Duke of Queensberry; Earl of Argyll; Earl of Southerland; Earl of Mortoune; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Yester; Lord John Hamilton; Lord Beilhaven; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Halcraig; Lord Anstruther; Lord Rankeilor; Laird of Pollock; Laird of Leyes; Laird of Stevenson; Laird of Cessnock

Att Edinburgh the Tuenty fifth day of June Jaj vjc nyntie six years1

A1696/6/582

Sederunt

Lord Chancelor; Earl of Melvill; Duke of Queensberry; Earl of Argyll; Earl of Southerland; Earl of Mortoune; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Yester; Lord John Hamilton; Lord Beilhaven; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Halcraig; Lord Anstruther; Lord Rankeilor; Laird of Pollock; Laird of Leyes; Laird of Stevenson; Laird of Cessnock

1. NRS, PC1/50, 568.

2. NRS, PC1/50, 568.

1. NRS, PC1/50, 568.

2. NRS, PC1/50, 568.