Decreet, 27 February 1700, Edinburgh

Att Edinburgh The Twentie Seventh of February Jaj vic years

D1700/2/161

Decreet

Interloquitor William Anderson Against Adam Walkinshaw

The Process William Anderson against Allan Walkinshaw Being to be farder advised and both parties Lawiers being to be heard upon this point Viz Who Should be Lyable for the damnadges Committed And the said William Anderson pursuer Compearing personally with Sir David Thores and Mr Thomas Skeen his advocats, And the said Allan Walkinshaw defender Compearing personally with Sir Androw Home Mr David Dalrymple and Mr John Ferguson his advocats And the Lords of his Majesties privy Councill haveing at Length heard both parties Lawiers forsaids and haveing heard their Lordships Last interloquitor in this process upon the Thretein of February instant read in their presence, They Find Allan Walkinshaw Lyable for the Illegallity in the quartering and exacting quartering money Illegally, And Recommends to the Committie formerly appointed in this matter viz The Earles of Crafurd Marr and Leven, The Viscount of Tarbatt The Lord Rankeillor and Sir Robert Sinclair of Stivenson farder to Consider and examine this matter And adds the Lord Montgomry and Boyle to the former Comittie and declares any two of the Comittie to be a sufficient quorum And Recomends to the said Comittie to meett the morrow at ten in the forenoon and to endeavour to setle and agree the parties

Att Edinburgh The Twentie Seventh of February Jaj vic years

D1700/2/161

Decreet

Interloquitor William Anderson Against Adam Walkinshaw

The Process William Anderson against Allan Walkinshaw Being to be farder advised and both parties Lawiers being to be heard upon this point Viz Who Should be Lyable for the damnadges Committed And the said William Anderson pursuer Compearing personally with Sir David Thores and Mr Thomas Skeen his advocats, And the said Allan Walkinshaw defender Compearing personally with Sir Androw Home Mr David Dalrymple and Mr John Ferguson his advocats And the Lords of his Majesties privy Councill haveing at Length heard both parties Lawiers forsaids and haveing heard their Lordships Last interloquitor in this process upon the Thretein of February instant read in their presence, They Find Allan Walkinshaw Lyable for the Illegallity in the quartering and exacting quartering money Illegally, And Recommends to the Committie formerly appointed in this matter viz The Earles of Crafurd Marr and Leven, The Viscount of Tarbatt The Lord Rankeillor and Sir Robert Sinclair of Stivenson farder to Consider and examine this matter And adds the Lord Montgomry and Boyle to the former Comittie and declares any two of the Comittie to be a sufficient quorum And Recomends to the said Comittie to meett the morrow at ten in the forenoon and to endeavour to setle and agree the parties

1. NRS, PC2/27, 313r-313v.

1. NRS, PC2/27, 313r-313v.

Act, 27 February 1700, Edinburgh

Att Edinburgh The Twentie Seventh of February Jaj vic years

D1700/2/151

Act

Act Ordaineing Mr William Cheisly to pay the Master of the Cannogate Tolbooth for his Sones house dewes

Anent a Petition given in to the Lords of his majesties privy Councill be Archibald Cheisly only sone to Mr William Cheisly of Cockburne wryter to the Signet Shewing That wher the said Mr William Cheisly haveing procurred a warrand from the saids Lords and therupon incarcerat the petitioner in May Jaj vic Nyntie Seven, and detained him ther ever since syne without any probatione Which being often represented to the saids Lords, Ther Lordships 2 at Lenth by their act of the date the Twentie fifth day of Jannuary Last appointed the petitioner to be sett at Libertie, Notwithstanding therof the petitioner was Still detained prisoner for his house dues, Wherby the petitioner would be a perpetuall prisoner unless the saids Lords would be Gratiously pleased to provyde remeed And Seing the saids Lords Justice and favor in granting the petitioner Liberatione would be altogither in effectuall unless their Lordships were pleased to take some effectuall order to oblidge the petitioners father to satisfie the saids dues for the petitioners Imprisonment these thertie two moneths and upwards And Therfore humbly Supplicating the saids Lords to the effect aftermentioned as the petitione bears The Lords of his majesties privy Councill haveing Considered the above petitione given in to them be Archibald Cheisly only sone to Mr William Cheisly of Cockburne They hereby Ordaine the said Mr William Cheisly to Satisfie and pay to James Hamilton Master of the Cannogate Tolbooth the petitioners house dues dureing the time of his Imprisonment

Att Edinburgh The Twentie Seventh of February Jaj vic years

D1700/2/151

Act

Act Ordaineing Mr William Cheisly to pay the Master of the Cannogate Tolbooth for his Sones house dewes

Anent a Petition given in to the Lords of his majesties privy Councill be Archibald Cheisly only sone to Mr William Cheisly of Cockburne wryter to the Signet Shewing That wher the said Mr William Cheisly haveing procurred a warrand from the saids Lords and therupon incarcerat the petitioner in May Jaj vic Nyntie Seven, and detained him ther ever since syne without any probatione Which being often represented to the saids Lords, Ther Lordships 2 at Lenth by their act of the date the Twentie fifth day of Jannuary Last appointed the petitioner to be sett at Libertie, Notwithstanding therof the petitioner was Still detained prisoner for his house dues, Wherby the petitioner would be a perpetuall prisoner unless the saids Lords would be Gratiously pleased to provyde remeed And Seing the saids Lords Justice and favor in granting the petitioner Liberatione would be altogither in effectuall unless their Lordships were pleased to take some effectuall order to oblidge the petitioners father to satisfie the saids dues for the petitioners Imprisonment these thertie two moneths and upwards And Therfore humbly Supplicating the saids Lords to the effect aftermentioned as the petitione bears The Lords of his majesties privy Councill haveing Considered the above petitione given in to them be Archibald Cheisly only sone to Mr William Cheisly of Cockburne They hereby Ordaine the said Mr William Cheisly to Satisfie and pay to James Hamilton Master of the Cannogate Tolbooth the petitioners house dues dureing the time of his Imprisonment

1. NRS, PC2/27, 312v-313r.

2. The word ‘was’ scored out here.

1. NRS, PC2/27, 312v-313r.

2. The word ‘was’ scored out here.

Procedure, 27 February 1700, Edinburgh

Att Edinburgh The Twentie Seventh of February Jaj vic years

D1700/2/141

Procedure

[Approbation of Andrew Crafurd’s imprisonment]

Sir James Stewart his Majesties advocat having Represented to the Lords of his Majesties privy Councill, That he hade Caused Seaze and Imprison Androw Crafurd in the Tolbooth of Edinburgh In Respect that being lately come to the Countrey and being debitor to severall persones, And particularly to two of the name of Caruthers and one called Scrymsoor who hade made applicatione to his Lordship, That the said Androw Crafurd was designeing to retire himself out of the Countrey again Wherupon his Lordship hade caused incarcerat him as said is Untill he find Cautione Judicio Sisti et Judicatum Solvi, And Craved that the saids Lords would approve of what he hade done Which the Councill have Aproved and hereby Aproves off.

Att Edinburgh The Twentie Seventh of February Jaj vic years

D1700/2/141

Procedure

[Approbation of Andrew Crafurd’s imprisonment]

Sir James Stewart his Majesties advocat having Represented to the Lords of his Majesties privy Councill, That he hade Caused Seaze and Imprison Androw Crafurd in the Tolbooth of Edinburgh In Respect that being lately come to the Countrey and being debitor to severall persones, And particularly to two of the name of Caruthers and one called Scrymsoor who hade made applicatione to his Lordship, That the said Androw Crafurd was designeing to retire himself out of the Countrey again Wherupon his Lordship hade caused incarcerat him as said is Untill he find Cautione Judicio Sisti et Judicatum Solvi, And Craved that the saids Lords would approve of what he hade done Which the Councill have Aproved and hereby Aproves off.

1. NRS, PC2/27, 312v.

1. NRS, PC2/27, 312v.

Sederunt, 27 February 1700, Edinburgh

Att Edinburgh The Twentie Seventh of February Jaj vic years1

D1700/2/132

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Earl of Marr; Earl of Cassills; Earl of Leven; Earl of Annandale; Viscount Tarbat; Lord Montgomry; Lord Forbes; Lord Boyle; Lord Advocat; Lord Thesaurer Deput; Mr Fra: Montgomry; Lord Provest of Edinburgh

Att Edinburgh The Twentie Seventh of February Jaj vic years1

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Sederunt

Lord Chancelor; Earl of Melvill P:C:; Earl of Marr; Earl of Cassills; Earl of Leven; Earl of Annandale; Viscount Tarbat; Lord Montgomry; Lord Forbes; Lord Boyle; Lord Advocat; Lord Thesaurer Deput; Mr Fra: Montgomry; Lord Provest of Edinburgh

1. NRS, PC2/27, 312r.

2. NRS, PC2/27, 312r.

1. NRS, PC2/27, 312r.

2. NRS, PC2/27, 312r.

Order, 27 February 1700, Edinburgh

Att Edinburgh The Twenty Seventh day of February Jaj viic years

A1700/2/261

Order

Recomendation To the Thesaury To pay to William Graham of Boquhaple ane aliment during his Imprisonment

Anent The Petition given in to the Lords of his Majesties privy Councill By William Graham Shewing That he hes been a Souldier from his Infancy and upon Conclusion of the peace, he beleived his Return to his native Countrey was Safe and Lawfull And having Returned he behaved himself peaceably without offence to any, and being apprehended and Examined, He gave ane Ingenous account of the whole passadges of his life since the Revolution, And being now far Run in years, Crazed Through fatigue and Labour, and in great want, valetudinary, and ane ill habit of Body, by Reason of unseasonable and ill dyett his prison Increases his difficulties to a great Extremity whereas if he were Liberate by their Lordships authority he would be countenanced and Supplyed by his freinds who knew his Inclination to vertue and his Misfortunes which puts Stop therto, And Therfore Humbly Craving ther Lordships To Compassion his Misfortune and sad Condition of his poor family, and in Regaird of his belief founded upon the Generall peace, And That he hes given ane Ingenous account of his tyme is become crazy Indigent and valetudinary to liberat him from prison as the said Petition bears. The Saids Lords of his Majesties privy Councill Having Considered this Petition given in to them by William Graham They heirby Recomend to the Lords Commissioners of his majesties Thesaury, To allow the petitioner a Competent aliment for his sustentation during his Imprisonment.

Att Edinburgh The Twenty Seventh day of February Jaj viic years

A1700/2/261

Order

Recomendation To the Thesaury To pay to William Graham of Boquhaple ane aliment during his Imprisonment

Anent The Petition given in to the Lords of his Majesties privy Councill By William Graham Shewing That he hes been a Souldier from his Infancy and upon Conclusion of the peace, he beleived his Return to his native Countrey was Safe and Lawfull And having Returned he behaved himself peaceably without offence to any, and being apprehended and Examined, He gave ane Ingenous account of the whole passadges of his life since the Revolution, And being now far Run in years, Crazed Through fatigue and Labour, and in great want, valetudinary, and ane ill habit of Body, by Reason of unseasonable and ill dyett his prison Increases his difficulties to a great Extremity whereas if he were Liberate by their Lordships authority he would be countenanced and Supplyed by his freinds who knew his Inclination to vertue and his Misfortunes which puts Stop therto, And Therfore Humbly Craving ther Lordships To Compassion his Misfortune and sad Condition of his poor family, and in Regaird of his belief founded upon the Generall peace, And That he hes given ane Ingenous account of his tyme is become crazy Indigent and valetudinary to liberat him from prison as the said Petition bears. The Saids Lords of his Majesties privy Councill Having Considered this Petition given in to them by William Graham They heirby Recomend to the Lords Commissioners of his majesties Thesaury, To allow the petitioner a Competent aliment for his sustentation during his Imprisonment.

1. NRS, PC1/52, 81-2.

1. NRS, PC1/52, 81-2.

Procedure, 27 February 1700, Edinburgh

Att Edinburgh The Twenty Seventh day of February Jaj viic years

A1700/2/251

Procedure

[Note of Business]

There was no State Bussiness done this day.2

Att Edinburgh The Twenty Seventh day of February Jaj viic years

A1700/2/251

Procedure

[Note of Business]

There was no State Bussiness done this day.2

1. NRS, PC1/52, 79.

2. Marginal note at this point: ‘Recommendation To the Thesaury To pay to Wm Graham ane aliment during Imprisonment Booked after the last of February per licet’. So, there was business on this day. Also the record has been moved to the correct date.

1. NRS, PC1/52, 79.

2. Marginal note at this point: ‘Recommendation To the Thesaury To pay to Wm Graham ane aliment during Imprisonment Booked after the last of February per licet’. So, there was business on this day. Also the record has been moved to the correct date.

Sederunt, 27 February 1700, Edinburgh

Att Edinburgh The Twenty Seventh day of February Jaj viic years1

A1700/2/242

Sederunt

Lord Chancellor; Earl of Melvill P.C.; Earl of Mar; Earl of Cassills; Earl of Leven; Earl of Annandale; Viscount Tarbat; Lord Montgomry; Lord Forbes; Lord Boyle; Lord Advocat; Lord Thesaurer Deput; Mr Fra: Montgomry; Lord Provost of Edinburgh

Att Edinburgh The Twenty Seventh day of February Jaj viic years1

A1700/2/242

Sederunt

Lord Chancellor; Earl of Melvill P.C.; Earl of Mar; Earl of Cassills; Earl of Leven; Earl of Annandale; Viscount Tarbat; Lord Montgomry; Lord Forbes; Lord Boyle; Lord Advocat; Lord Thesaurer Deput; Mr Fra: Montgomry; Lord Provost of Edinburgh

1. NRS, PC1/52, 78.

2. NRS, PC1/52, 79.

1. NRS, PC1/52, 78.

2. NRS, PC1/52, 79.