Tag Archives: 26 January 1697

Act, 26 January 1697, Edinburgh

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Att Edinburgh the twentie sixth day of Janwary Jaj vic nyntie seven yeirs

D1697/1/131

Act

Act Captain Fullertowne

Anent the petitione given in to the Lords of his majesties privie Counsell Be Hew Fallconer ane of the Captaines of Collonell Fergwsones regiment Shewing That the petitioner being the Comanding officer for receaveing the recrwits appointed for the said regiment for the yeir Jaj vic nyntie thrie And accordinglie Thomas Stewart merchand in Edinburgh and ane of the Leaders of the good towne of Edinburgh haveing delivered to the petitioner one Robert Mclaimeroch for one of the said recrwits The Said Robert Mclameroch made applicatione to the Committie of Counsill for the tyme anent pressed men And the said Comitie haveing called all pairties and considered the affair they Fand the said Robert Mclameroch belonged to the Earle of Leven as a desertor from his regiment and ordained him to be delivered to the said Earle or his order And that the petitioner had Just grownd of recowrse against the said Leader for a sufficient man to have bein instantlie delyvered in his place And seing the said Thomas Stewart did postpone and delay to give the petitioner a man in place of the said Robert Mclameroch and at Length finding the recrwites were to goe away he altogither Slighted the same Wherthrough the petitioner was necessitat owt of his own pocket to fwrnish a man in his place and payed six pownd Sterleing for him being the ordinarie rate at that tyme And therfore humblie craveing ther Lordships to order the said Thomas Stewart instantlie to give the petitioner a Sufficient man in place of the said Robert Mclamerock conforme to the former act of the said Comitie of Counsell for pressed men or otherwayes to satisfie and pay the petitioner the said six pund Sterleing and that wnder the paine of qwartering As the said petitione bears which being this day red and considered be the saids Lords of privie Cownsell They heirby recomend to Sir Archibald Mure Lord proveist of Edinburgh that he may cause the above Thomas Stewart fwrnish a Sufficient man to the petitioner in place of the above Robert Mclamerock the man being to be owtreuked for the Levy Jaj vic and nyntie thrie and so hath not the benefite of the act of parliament for the Levie Jaj vic and nyntie Six

Att Edinburgh the twentie sixth day of Janwary Jaj vic nyntie seven yeirs

D1697/1/131

Act

Act Captain Fullertowne

Anent the petitione given in to the Lords of his majesties privie Counsell Be Hew Fallconer ane of the Captaines of Collonell Fergwsones regiment Shewing That the petitioner being the Comanding officer for receaveing the recrwits appointed for the said regiment for the yeir Jaj vic nyntie thrie And accordinglie Thomas Stewart merchand in Edinburgh and ane of the Leaders of the good towne of Edinburgh haveing delivered to the petitioner one Robert Mclaimeroch for one of the said recrwits The Said Robert Mclameroch made applicatione to the Committie of Counsill for the tyme anent pressed men And the said Comitie haveing called all pairties and considered the affair they Fand the said Robert Mclameroch belonged to the Earle of Leven as a desertor from his regiment and ordained him to be delivered to the said Earle or his order And that the petitioner had Just grownd of recowrse against the said Leader for a sufficient man to have bein instantlie delyvered in his place And seing the said Thomas Stewart did postpone and delay to give the petitioner a man in place of the said Robert Mclameroch and at Length finding the recrwites were to goe away he altogither Slighted the same Wherthrough the petitioner was necessitat owt of his own pocket to fwrnish a man in his place and payed six pownd Sterleing for him being the ordinarie rate at that tyme And therfore humblie craveing ther Lordships to order the said Thomas Stewart instantlie to give the petitioner a Sufficient man in place of the said Robert Mclamerock conforme to the former act of the said Comitie of Counsell for pressed men or otherwayes to satisfie and pay the petitioner the said six pund Sterleing and that wnder the paine of qwartering As the said petitione bears which being this day red and considered be the saids Lords of privie Cownsell They heirby recomend to Sir Archibald Mure Lord proveist of Edinburgh that he may cause the above Thomas Stewart fwrnish a Sufficient man to the petitioner in place of the above Robert Mclamerock the man being to be owtreuked for the Levy Jaj vic and nyntie thrie and so hath not the benefite of the act of parliament for the Levie Jaj vic and nyntie Six

1. NRS, PC2/26, 323r-324v.

1. NRS, PC2/26, 323r-324v.

Act, 26 January 1697, Edinburgh

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Att Edinburgh the twentie sixth day of Janwary Jaj vic nyntie seven yeirs

D1697/1/121

Act

Act Jennet Crichtoun

Anent the petitione given in to the Lords of his majesties privie Counsell be Jennet Creichtowne relict of Mr John King minister of the gospell Shewing That the petitioners deceast husband being in the tyme of the Late troubles by a meeting of presbiterian ministers ordained minister of the paroch of Port within which paroch he exercised his ministrie for Some yeirs without payment of any Stipend as was very well understood to the deceast Lord Cardross who was patron of the said Kirk and designed to have given the petitioner Some pairt of the vaccant Stipend of the said Kirk if he had not bein prevented by Death and wherwith he acqwainted his Lady befor his Death as a missive Letter from the Lady Cardross wnder her own hand to the petitioner therwith produced testified And seing all the piows wses within the said paroch Such as repaireing the Kirk, Kirkyeard Dyke appointing a fond for a School and School maisters house, Mortcloaths, bwilding and repaireing of bridges etc within the said paroch are alreadie provided for, owt of the vaccant Stipends of the said kirk of Port And that ther are yet vaccant Stipends resting ther And that the Lady Cardross and also the present Lord Cardross are content that a pairt of the vaccant Stipends of the said paroch be bestowed upon the petitioner as her husbands relict in Leiw of his service within the same as appears by the Ladies missive Letter as afoirsaid And therfore humblie craveing to the effect eftermentioned As the said petitione bears Which being this day considered be the saids Lords of privie Counsell with the Lady Cardross her missive Letter or testificat mentioned therin and produced therwith They heirby allow to the petitioner the Stipend of the above Kirk of Port for the haill cropt and yeir of God Jaj vic nyntie six yeirs And decernes and ordaines the petitioner to be readielie ansuered obeyed and payed of the said yeirs Stipend by the heretors fewars wodsetters Liferenters titullars tacksemen of teinds tenents possessors and others lyable in payment therof or by the2 Above Robert Graham the factor in caise he hes uplifted the said yeirs Stipend And ordaines Letters of of Horning upon fiftein dayes wnder the signet of Counsell to be direct hereon at the petitioners instance against the heretors fewers wodsetters and others foirsaids and against the said Robert Graham factor upon productione of a decreit of Localitie and in caise ther be non ordaines the heretors and others foirsaids to make payment of ther respective proportiones of the said yeirs Stipend to the petitioner according as they shall be decerned by the Judge ordinary

Att Edinburgh the twentie sixth day of Janwary Jaj vic nyntie seven yeirs

D1697/1/121

Act

Act Jennet Crichtoun

Anent the petitione given in to the Lords of his majesties privie Counsell be Jennet Creichtowne relict of Mr John King minister of the gospell Shewing That the petitioners deceast husband being in the tyme of the Late troubles by a meeting of presbiterian ministers ordained minister of the paroch of Port within which paroch he exercised his ministrie for Some yeirs without payment of any Stipend as was very well understood to the deceast Lord Cardross who was patron of the said Kirk and designed to have given the petitioner Some pairt of the vaccant Stipend of the said Kirk if he had not bein prevented by Death and wherwith he acqwainted his Lady befor his Death as a missive Letter from the Lady Cardross wnder her own hand to the petitioner therwith produced testified And seing all the piows wses within the said paroch Such as repaireing the Kirk, Kirkyeard Dyke appointing a fond for a School and School maisters house, Mortcloaths, bwilding and repaireing of bridges etc within the said paroch are alreadie provided for, owt of the vaccant Stipends of the said kirk of Port And that ther are yet vaccant Stipends resting ther And that the Lady Cardross and also the present Lord Cardross are content that a pairt of the vaccant Stipends of the said paroch be bestowed upon the petitioner as her husbands relict in Leiw of his service within the same as appears by the Ladies missive Letter as afoirsaid And therfore humblie craveing to the effect eftermentioned As the said petitione bears Which being this day considered be the saids Lords of privie Counsell with the Lady Cardross her missive Letter or testificat mentioned therin and produced therwith They heirby allow to the petitioner the Stipend of the above Kirk of Port for the haill cropt and yeir of God Jaj vic nyntie six yeirs And decernes and ordaines the petitioner to be readielie ansuered obeyed and payed of the said yeirs Stipend by the heretors fewars wodsetters Liferenters titullars tacksemen of teinds tenents possessors and others lyable in payment therof or by the2 Above Robert Graham the factor in caise he hes uplifted the said yeirs Stipend And ordaines Letters of of Horning upon fiftein dayes wnder the signet of Counsell to be direct hereon at the petitioners instance against the heretors fewers wodsetters and others foirsaids and against the said Robert Graham factor upon productione of a decreit of Localitie and in caise ther be non ordaines the heretors and others foirsaids to make payment of ther respective proportiones of the said yeirs Stipend to the petitioner according as they shall be decerned by the Judge ordinary

1. NRS, PC2/26, 323r-324r.

2. The word ‘within’ scored out here.

1. NRS, PC2/26, 323r-324r.

2. The word ‘within’ scored out here.

Act, 26 January 1697, Edinburgh

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Att Edinburgh the twentie sixth day of Janwary Jaj vic nyntie seven yeirs

D1697/1/111

Act

Act Laird of Kininmouth

Anent the petitione given in to the Lords of his majesties privie Counsell be Patrick Kininmouth of That ilk Shewing that the petitioner haveing bein apprehended some dayes agoe by the Shirreff deput of Fyffe upon ane order direct to him from ther Lordships and he finding the petitioner in no condition to travell or be transported to Edinburgh by reasone of a dangerous hurt the petitioner had gott in his Legg did for his own exoneratione acqwaint his majesties Advocat therwith and did report certificats to his Lordship wnder the hands of the chirurgeons wnder whose cure the petitioner is for verifieing therof Wherupon by his Lordships order the petitioner was comitted prisoner to the tollbwith of Kirkaldie wher he yet remains under verie great Danger through the forsaid hurt upon his chin bone for want of accomodatione and other conveniences necessarie in such Like caises In so much that in all apperance of the petitioner Shall continwe continwe any Longer prisoner ther the conseqwences may prove fattall to him and he being content to find cautione to make compeareance befor ther Lordships and ansuer any thing that can be Laird to his charge wnder what penaltie ther Lordships shall think fitt how soon and whensoever he shall be in a conditione to travell And therfore humblie craveing ther Lordships in consideratione of the premisses to ordaine the petitioner to be sett at Libertie furth of the said tollbwith of Kirkaldie upon his finding Sufficient cautione to appear befor ther Lordships and ansuer to what shall be Laid to his charge any maner of way whenever he shall be called And that under such penaltie as ther Lordships Shall please to appoint As the said petitione bears The saids Lords of his majesties privie Counsell haveing heard the above petitione They heirby recomend to Sir James Stewart his majesties advocat to wryte to the magistrats of Kirkaldie to cause transport the petitioner from the tollbwith of Kirkaldie to the towne of Edinburgh wnder a Sufficient gward and Delyver him to the magistrats of Edinburgh and the keeper of ther tollbwith And ordaines the saids magistrats of Edinburgh and keeper of ther tollbwith to receave and detained in prisone the said Patrick Kininmouth untill furder order

Att Edinburgh the twentie sixth day of Janwary Jaj vic nyntie seven yeirs

D1697/1/111

Act

Act Laird of Kininmouth

Anent the petitione given in to the Lords of his majesties privie Counsell be Patrick Kininmouth of That ilk Shewing that the petitioner haveing bein apprehended some dayes agoe by the Shirreff deput of Fyffe upon ane order direct to him from ther Lordships and he finding the petitioner in no condition to travell or be transported to Edinburgh by reasone of a dangerous hurt the petitioner had gott in his Legg did for his own exoneratione acqwaint his majesties Advocat therwith and did report certificats to his Lordship wnder the hands of the chirurgeons wnder whose cure the petitioner is for verifieing therof Wherupon by his Lordships order the petitioner was comitted prisoner to the tollbwith of Kirkaldie wher he yet remains under verie great Danger through the forsaid hurt upon his chin bone for want of accomodatione and other conveniences necessarie in such Like caises In so much that in all apperance of the petitioner Shall continwe continwe any Longer prisoner ther the conseqwences may prove fattall to him and he being content to find cautione to make compeareance befor ther Lordships and ansuer any thing that can be Laird to his charge wnder what penaltie ther Lordships shall think fitt how soon and whensoever he shall be in a conditione to travell And therfore humblie craveing ther Lordships in consideratione of the premisses to ordaine the petitioner to be sett at Libertie furth of the said tollbwith of Kirkaldie upon his finding Sufficient cautione to appear befor ther Lordships and ansuer to what shall be Laid to his charge any maner of way whenever he shall be called And that under such penaltie as ther Lordships Shall please to appoint As the said petitione bears The saids Lords of his majesties privie Counsell haveing heard the above petitione They heirby recomend to Sir James Stewart his majesties advocat to wryte to the magistrats of Kirkaldie to cause transport the petitioner from the tollbwith of Kirkaldie to the towne of Edinburgh wnder a Sufficient gward and Delyver him to the magistrats of Edinburgh and the keeper of ther tollbwith And ordaines the saids magistrats of Edinburgh and keeper of ther tollbwith to receave and detained in prisone the said Patrick Kininmouth untill furder order

1. NRS, PC2/26, 322v-323r.

1. NRS, PC2/26, 322v-323r.

Procedure: judicial proceedings, 26 January 1697, Edinburgh

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Att Edinburgh the twentie sixth day of Janwary Jaj vic nyntie seven yeirs

D1697/1/101

Procedure: judicial proceedings

Remit Brwce of Pittorthie Against Corstorphine

Anent the lybell raised befor the Lords of his majesties privie Counsell at the instance of William Bruce of Pitterthie upon a petition given in to the saids Lords be the said William Shewing That wher John Corstorphin younger of Nydie and the said William Bruce haveing ther Lands contigwe and both coall upon the march But he the crop and the said William Brwce the dip did by a contract in August Jaj vic nyntie five agrie to sett doune a sink upon ther eqwall expenss and to pay the watermen equallie so Long as they should be profited by the said sink As the said contract bears Nevertheles the said John Corstorphin perceaveing that by neglecting his pairt of the Drawing the water might aryse to Such a measure as might Drown the said William Brwce his pairt of the coall and yet his pairt remaine frie and dry wherby he should have the whole seale that both of them had befor The Said John Corstorphine maliciowsely refwised to add the watermen necessarie for keeping Down the growing waters And furder in the moneth of november Last Did withdraw in the night tyme his men that were to work for that vice and towr And therby Did in effect Droun the said William Brwce his coall which now lyes wnder water through the said John Corstorphin his defawlt whyles his own remaines Dry and he injoyes the full sale And furder to evince that this was Nydies evill designe to the said William Brwce his prejudice he of Late and befor the Drowning of the said William Brwce his coall caused work a coall he had lying Levell with the petitioners and work it cleane owt to the effect that the petitioners coall alone might be drowned by his foirsaid maliciows practice And Seing that coalls and coallhewghs are of publict wse and concerne and that the foirsaid Drowning of the petitioners coall requyres a present remedie And that the saids Lords of our privie Counsell have bein in wse to interpose in causes of lyke nature And therfore humblie craveing to the effect therinmentioned As the said petitione bears The which petitione being red and considered by the saids Lords of our privie Counsell They ordained thir our Letters to be direct in maner and to the effect therinmentioned And anent the charge given to the said defender to have Compeared personallie befor the saids Lords of privie Counsell at ane certain day now bypast to have ansuered to the ground of the above lybell And to have heard and sein such order and course taken theranent as the saids Lords should think fitt wnder the paine of rebellione etc As in the principall lybell or Letters of complaint and executiones therof at more Lenth is contained Which lybell being this day called in presence of the saids Lords of privie Counsell And both pairties Compeareing personallie and Sir David Thores Compeareing personallie as advocat for the perseuer And Mr Hugh Dallrimple and Mr Mungo Carnegie as advocats for the said defender the lybell and ansuers therto being read and both pairties advocats being fullie heard The Counsell Remitts the lybell to be insisted in and persewed befor the Judge ordinar via ordinaria and to be discust and determined ther

Att Edinburgh the twentie sixth day of Janwary Jaj vic nyntie seven yeirs

D1697/1/101

Procedure: judicial proceedings

Remit Brwce of Pittorthie Against Corstorphine

Anent the lybell raised befor the Lords of his majesties privie Counsell at the instance of William Bruce of Pitterthie upon a petition given in to the saids Lords be the said William Shewing That wher John Corstorphin younger of Nydie and the said William Bruce haveing ther Lands contigwe and both coall upon the march But he the crop and the said William Brwce the dip did by a contract in August Jaj vic nyntie five agrie to sett doune a sink upon ther eqwall expenss and to pay the watermen equallie so Long as they should be profited by the said sink As the said contract bears Nevertheles the said John Corstorphin perceaveing that by neglecting his pairt of the Drawing the water might aryse to Such a measure as might Drown the said William Brwce his pairt of the coall and yet his pairt remaine frie and dry wherby he should have the whole seale that both of them had befor The Said John Corstorphine maliciowsely refwised to add the watermen necessarie for keeping Down the growing waters And furder in the moneth of november Last Did withdraw in the night tyme his men that were to work for that vice and towr And therby Did in effect Droun the said William Brwce his coall which now lyes wnder water through the said John Corstorphin his defawlt whyles his own remaines Dry and he injoyes the full sale And furder to evince that this was Nydies evill designe to the said William Brwce his prejudice he of Late and befor the Drowning of the said William Brwce his coall caused work a coall he had lying Levell with the petitioners and work it cleane owt to the effect that the petitioners coall alone might be drowned by his foirsaid maliciows practice And Seing that coalls and coallhewghs are of publict wse and concerne and that the foirsaid Drowning of the petitioners coall requyres a present remedie And that the saids Lords of our privie Counsell have bein in wse to interpose in causes of lyke nature And therfore humblie craveing to the effect therinmentioned As the said petitione bears The which petitione being red and considered by the saids Lords of our privie Counsell They ordained thir our Letters to be direct in maner and to the effect therinmentioned And anent the charge given to the said defender to have Compeared personallie befor the saids Lords of privie Counsell at ane certain day now bypast to have ansuered to the ground of the above lybell And to have heard and sein such order and course taken theranent as the saids Lords should think fitt wnder the paine of rebellione etc As in the principall lybell or Letters of complaint and executiones therof at more Lenth is contained Which lybell being this day called in presence of the saids Lords of privie Counsell And both pairties Compeareing personallie and Sir David Thores Compeareing personallie as advocat for the perseuer And Mr Hugh Dallrimple and Mr Mungo Carnegie as advocats for the said defender the lybell and ansuers therto being read and both pairties advocats being fullie heard The Counsell Remitts the lybell to be insisted in and persewed befor the Judge ordinar via ordinaria and to be discust and determined ther

1. NRS, PC2/26, 321v-322v.

1. NRS, PC2/26, 321v-322v.

Sederunt, 26 January 1697, Edinburgh

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Att Edinburgh the twentie sixth day of Janwary Jaj vic nyntie seven yeirs1

D1697/1/92

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Argyll; Earl of Morton; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Yester; Viscount Tiviot; Lord Raith; Lord Belhaven; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomry; Laird of Pollock; Laird of Blackbarrony; Laird of Stevenson

Att Edinburgh the twentie sixth day of Janwary Jaj vic nyntie seven yeirs1

D1697/1/92

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Argyll; Earl of Morton; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Yester; Viscount Tiviot; Lord Raith; Lord Belhaven; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomry; Laird of Pollock; Laird of Blackbarrony; Laird of Stevenson

1. NRS, PC2/26, 321v.

2. NRS, PC2/26, 321v.

1. NRS, PC2/26, 321v.

2. NRS, PC2/26, 321v.

Act, 26 January 1697, Edinburgh

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Att Edinburgh The tuenty sixth day of January Jaj vic nyntie seven years

A1697/1/281

Act

Liberation the Earle of Home

Anent the petition given in to the Lords of his Majesties privie Councill By Charles Earle of Home Sheuing That the petitioner being valitudinary before he uas brought Last prisoner to toune he hath become much more Indisposed since that tyme by Keeping closs within his chamber Conform to their Lordships order uithout the Libertie of free air or any manner of exercise which is absolutely necessary to preserve the Litle remainder of health he hopes to recover and enjoy As also his privat bussiness both before the session and otherwise in the place is much prejudyced and goes to Confusion for want of the petitioners presence att manadging therof which may tend to his great and Irreparable Loss As is not unknouen to severall of their Lordships Number And therfore humblie Craving their Lordships both for the petitioners health and bussines to allow him to Come abroad out of his Chamber And be Confyned uithin the toune of Edinburgh and such a Competent Distance about it as their Lordships shall think fitt untill the tenth day of March nixt to Come And then to repaire to his oune House of Hirsle And be Confyned to the samen and tuelve mylles on this syde of Tueed upon his finding Caution to keep his saids respective Confynments and appear when Called under such penalty as their Lordships shall think fitt as the said petition Bears The Saids Lords of his Majesties privie Councill having Considered this petition given in to them by the said Charles Earle of Home They heirby declare the petitioner to be att Liberty And ordaines the Centries putt upon him to be removed In respect the petitioner hath Given Bond and found sufficient Caution acted in the books of privie Councill That he shall not goe within the Kingdome of England And that He shall Live peacably under and with all submission to the present government of his Majestie King William And that he shall not Act Consult nor Contryve any thing in prejudice therof nor shall not Converse or Correspond with any rebells And that he shall appear before the saids Lords of his Majesties privie Councill whensoever he shall be Called or required for that effect under the penaltie of Tuo Thousand pounds Sterling In case he shall transgress in any part of the premisses And In regaird the petitioner hath Found new Cautione The saids Lords ordaines his former Bond to be Given up to him.

Att Edinburgh The tuenty sixth day of January Jaj vic nyntie seven years

A1697/1/281

Act

Liberation the Earle of Home

Anent the petition given in to the Lords of his Majesties privie Councill By Charles Earle of Home Sheuing That the petitioner being valitudinary before he uas brought Last prisoner to toune he hath become much more Indisposed since that tyme by Keeping closs within his chamber Conform to their Lordships order uithout the Libertie of free air or any manner of exercise which is absolutely necessary to preserve the Litle remainder of health he hopes to recover and enjoy As also his privat bussiness both before the session and otherwise in the place is much prejudyced and goes to Confusion for want of the petitioners presence att manadging therof which may tend to his great and Irreparable Loss As is not unknouen to severall of their Lordships Number And therfore humblie Craving their Lordships both for the petitioners health and bussines to allow him to Come abroad out of his Chamber And be Confyned uithin the toune of Edinburgh and such a Competent Distance about it as their Lordships shall think fitt untill the tenth day of March nixt to Come And then to repaire to his oune House of Hirsle And be Confyned to the samen and tuelve mylles on this syde of Tueed upon his finding Caution to keep his saids respective Confynments and appear when Called under such penalty as their Lordships shall think fitt as the said petition Bears The Saids Lords of his Majesties privie Councill having Considered this petition given in to them by the said Charles Earle of Home They heirby declare the petitioner to be att Liberty And ordaines the Centries putt upon him to be removed In respect the petitioner hath Given Bond and found sufficient Caution acted in the books of privie Councill That he shall not goe within the Kingdome of England And that He shall Live peacably under and with all submission to the present government of his Majestie King William And that he shall not Act Consult nor Contryve any thing in prejudice therof nor shall not Converse or Correspond with any rebells And that he shall appear before the saids Lords of his Majesties privie Councill whensoever he shall be Called or required for that effect under the penaltie of Tuo Thousand pounds Sterling In case he shall transgress in any part of the premisses And In regaird the petitioner hath Found new Cautione The saids Lords ordaines his former Bond to be Given up to him.

1. NRS, PC1/51, 98.

1. NRS, PC1/51, 98.

Act, 26 January 1697, Edinburgh

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Att Edinburgh The tuenty sixth day of January Jaj vic nyntie seven years

A1697/1/271

Act

Liberation The Earle of Marishall

Anent the petition given in to the Lords of his Majesties privie Councill By William Earle of Marischall Sheuing That the petitioner having been Committed some weeks agoe to the Castle of Edinburgh wher he is since To the great prejudice of his privat affairs and Business which brought him to toune to attend the sitting of the session upon that account And seing the occasion of his being apprehended is now quite over And that he is willing to find Cautione to appear when Called and to live peacably in the mean tyme under what penaltie their Lordships shall think fitt 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 William Earle of Marishall They heirby Recommend to the Earle of Leven Constable and Governour of the Castle of Edinburgh And In his absence Gives order and warrand to the nixt Commanding officer ther to sett the petitioner at Liberty furth therof In respect before extracting heirof he hath given Bond and found sufficient Cautione acted in the books of privie Councill That he shall Live peacably under and with all submission to the present government of his Majestie King William And that he shall not Act Consult nor Contryve any thing in prejudice therof nor shall not Converse or Correspond with any Rebells And that he shall appear before the saids Lords of his Majesties privie Councill whensoever he shall be Called or required for that effect under the penaltie of Fifteen hundreth pounds Sterling In case he shall transgress in any part of the premisses And ordaines his old bond to be given up.

Att Edinburgh The tuenty sixth day of January Jaj vic nyntie seven years

A1697/1/271

Act

Liberation The Earle of Marishall

Anent the petition given in to the Lords of his Majesties privie Councill By William Earle of Marischall Sheuing That the petitioner having been Committed some weeks agoe to the Castle of Edinburgh wher he is since To the great prejudice of his privat affairs and Business which brought him to toune to attend the sitting of the session upon that account And seing the occasion of his being apprehended is now quite over And that he is willing to find Cautione to appear when Called and to live peacably in the mean tyme under what penaltie their Lordships shall think fitt 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 William Earle of Marishall They heirby Recommend to the Earle of Leven Constable and Governour of the Castle of Edinburgh And In his absence Gives order and warrand to the nixt Commanding officer ther to sett the petitioner at Liberty furth therof In respect before extracting heirof he hath given Bond and found sufficient Cautione acted in the books of privie Councill That he shall Live peacably under and with all submission to the present government of his Majestie King William And that he shall not Act Consult nor Contryve any thing in prejudice therof nor shall not Converse or Correspond with any Rebells And that he shall appear before the saids Lords of his Majesties privie Councill whensoever he shall be Called or required for that effect under the penaltie of Fifteen hundreth pounds Sterling In case he shall transgress in any part of the premisses And ordaines his old bond to be given up.

1. NRS, PC1/51, 97-8.

1. NRS, PC1/51, 97-8.

Sederunt, 26 January 1697, Edinburgh

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Att Edinburgh The tuenty sixth day of January Jaj vic nyntie seven years1

A1697/1/262

Sederunt

Lord Chancelor; Earl of Melvill; Duke of Queensberry; Earl of Argyll; Earl of Mortoun; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Yester; Viscount Teviot; Lord Raith; Lord Beilhaven; Lord Carmichaell; Lord Ruthven; Lord Advocat; Lord Philiphaugh; Lord Halcraig; Lord Anstruther; Lord Rankeilor; Mr Francis Montgomery; Laird of Pollock; Laird of Blackbarrony; Laird of Stevenson

Att Edinburgh The tuenty sixth day of January Jaj vic nyntie seven years1

A1697/1/262

Sederunt

Lord Chancelor; Earl of Melvill; Duke of Queensberry; Earl of Argyll; Earl of Mortoun; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Yester; Viscount Teviot; Lord Raith; Lord Beilhaven; Lord Carmichaell; Lord Ruthven; Lord Advocat; Lord Philiphaugh; Lord Halcraig; Lord Anstruther; Lord Rankeilor; Mr Francis Montgomery; Laird of Pollock; Laird of Blackbarrony; Laird of Stevenson

1. NRS, PC1/51, 97.

2. NRS, PC1/51, 97.

1. NRS, PC1/51, 97.

2. NRS, PC1/51, 97.