Tag Archives: 28 February 1695

Act, 28 February 1695, Edinburgh

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Edinburgh Thursday The 28th February 1695

D1695/2/321

Act

Act Margrat Ker for ane aliement

Anent a Petition given in to the Lords of his Majesties privy Councill be Margrat Kerr daughter to the deceast Sir John Ker of Lochtour Shewing That quher the petitioner haveing been maried to John Hood and brought with her a Joynture of ane Thousand merkes be year payable out of the lands of Whitlaw and other Lands provyded to her, The said John Hood now in her old age haveing Disponed her Joynture to Thomas Hood his sone liveing in Edinburgh Left the petitioner in that extreamity of want and poverty that after her wearing Clothes were sold for bread the petitioner was necessitate to pursue for ane aliement before the saids Lords In which proces the petitioners husband and his sone being called and refuseing to Compeir were Declared fugative and being denunced the petitioner Caused use areistment in the tennents hands But because ther is no particular soume appointed by the saids Lords for the petitioners aliement The tenents refuse to make payment to her of any part of the rents and she Cannot recover a decreet of furthcomeing against them So that the petitioner being a woman past Seventie years of age, The petitioners hade undoubtedly Starved if the Charity and Compassion of Some of her fathers freinds and such who knew her missery and ill usage hade not for the time by past releived the petitioner to whom she Could not expect to be a farder burdein But aine necessitate for the Lords sake to have recourse to their Lordships And Therfore humbly Craveing the saids Lords In Consideration of her misserie and deplorable Conditione To modifie what part of the thousand merks of Joynture which pertained to the petitioner the saids Lords should think fitt to be payed as ane aliement to the petitioner for the year Jaj vjc nyntie four and in time comeing dureing her life which in women of seventie years Cannot be long, and ordaine the tenents of the saids Lands of Whitla to make payment of the same to the petitioner as the said petition bears. The Lords of his Majesties privy Councill Haveing Considered this petition given in to them be the above Margrat Ker, They heirby modifie the soume of Five hundred merks to be payed to the petitioner and Alexander Cuninghame writter in Edinburgh her assigney for her aliement yearly for the year Jaj vjc nyntie four years and in time comeing out of her Joynture lands of Whitlaw And appoints the aliement for the year Jaj vjc nyntie five and in time comeing to be payed2 termly at two termes in the year Whitsunday and mertimiss be equall portions And Decernes and Ordaines the above John Hood and Thomas Hood his sone and ther tacksmen and the tennants and possessor of her said Joynture Lands of Whitlaw to make payment to her and her said assigney of the same, And Ordaines letters of horning on fiftein dayes to be direct against the said John and Thomas Hoods and their tacksmen and tennents to be particularly mentioned in the horning and others needfull in form as effeirs and Discharges any suspension heirof to be past or exped except upon payment or Consignation allenarly.

Edinburgh Thursday The 28th February 1695

D1695/2/321

Act

Act Margrat Ker for ane aliement

Anent a Petition given in to the Lords of his Majesties privy Councill be Margrat Kerr daughter to the deceast Sir John Ker of Lochtour Shewing That quher the petitioner haveing been maried to John Hood and brought with her a Joynture of ane Thousand merkes be year payable out of the lands of Whitlaw and other Lands provyded to her, The said John Hood now in her old age haveing Disponed her Joynture to Thomas Hood his sone liveing in Edinburgh Left the petitioner in that extreamity of want and poverty that after her wearing Clothes were sold for bread the petitioner was necessitate to pursue for ane aliement before the saids Lords In which proces the petitioners husband and his sone being called and refuseing to Compeir were Declared fugative and being denunced the petitioner Caused use areistment in the tennents hands But because ther is no particular soume appointed by the saids Lords for the petitioners aliement The tenents refuse to make payment to her of any part of the rents and she Cannot recover a decreet of furthcomeing against them So that the petitioner being a woman past Seventie years of age, The petitioners hade undoubtedly Starved if the Charity and Compassion of Some of her fathers freinds and such who knew her missery and ill usage hade not for the time by past releived the petitioner to whom she Could not expect to be a farder burdein But aine necessitate for the Lords sake to have recourse to their Lordships And Therfore humbly Craveing the saids Lords In Consideration of her misserie and deplorable Conditione To modifie what part of the thousand merks of Joynture which pertained to the petitioner the saids Lords should think fitt to be payed as ane aliement to the petitioner for the year Jaj vjc nyntie four and in time comeing dureing her life which in women of seventie years Cannot be long, and ordaine the tenents of the saids Lands of Whitla to make payment of the same to the petitioner as the said petition bears. The Lords of his Majesties privy Councill Haveing Considered this petition given in to them be the above Margrat Ker, They heirby modifie the soume of Five hundred merks to be payed to the petitioner and Alexander Cuninghame writter in Edinburgh her assigney for her aliement yearly for the year Jaj vjc nyntie four years and in time comeing out of her Joynture lands of Whitlaw And appoints the aliement for the year Jaj vjc nyntie five and in time comeing to be payed2 termly at two termes in the year Whitsunday and mertimiss be equall portions And Decernes and Ordaines the above John Hood and Thomas Hood his sone and ther tacksmen and the tennants and possessor of her said Joynture Lands of Whitlaw to make payment to her and her said assigney of the same, And Ordaines letters of horning on fiftein dayes to be direct against the said John and Thomas Hoods and their tacksmen and tennents to be particularly mentioned in the horning and others needfull in form as effeirs and Discharges any suspension heirof to be past or exped except upon payment or Consignation allenarly.

1. NRS, PC2/25, 191r-191v.

2. The word ‘yearly’ scored out here.

1. NRS, PC2/25, 191r-191v.

2. The word ‘yearly’ scored out here.

Act, 28 February 1695, Edinburgh

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Edinburgh Thursday The 28th February 1695

D1695/2/311

Act

Act Robert Campbell of Drumsynie

Anent a Petition given in to the Lords of his Majesties privy Councill be Robert Campbell of Drumsynie Shewing That quher […] Campbell of Drumsynie the petitioners elder brother did now about twentie years agoe but of ane apprehension That throw his oun facility he might be ingadged in Cautionries Granted a bond of Twelue Thousand punds principall To […] Frieland his brother in Law to the effect he might lead ane appryssing of the estate Which was accordingly Led but nothing ensued upon it as being ane absolut trust But on the Contrary his said elder brother Continued in the possession of the Estate dureing his lifetime Nevertheless when both the petitioners brother and Freeland his trustie were dead, and that the petitioner was come to the possessione of the estate as being his brothers appearand air, Archibald Frieland sone to the said […] Freeland did insinuat upon the petitioner and taking advantage upon his weaknes induced him to grant a dispositione Corrobrative of the forsaid appryssing and grounds therof upon pretence that it was only done for Compleating of the right and to make it the more effectuall for the security above designed, and that if it were Compleated He would give a retrocessione or backbond for preventing the petitioners prejudice But this being once done the said Archibald Freeland behaving absolutely as master, and haveing quarrelled the petitioners possessione reduced the petitioner under trust to inexpressible straits and defficulties, And haveing at the same time the petitioner granted the said Corroboratione induced the petitioner to put into his Custody severall bonds granted to the petitioners brother with assinationes therto to subscryve and grant to him severall wholl sheets of paper all blank, In some quherof he has since filled up bonds of Borrowed money Discharges and other rights as made best for his purpose, He hath Continued his oppression upon the petitioner this severall years designing no Less then to ruine and extinguish his familly tho he be his uncle Which the petitioner being sincible of applyed freinds to deall with him to repone the petitioner against such a palpable Cheat, But in stead of Complying with ther desyre He makes a bargain under hand with Sir Duncan Campbell of Auchinbreck about thrie or four years of agoe and Dispones to him all the right he hade to the petitioners estate, Which in lands and bonds was worth Fourtie thousand merks for six Thousand merks and gave him up at the same time the blank sheets the petitioner hade signed and Immediatly went to America, after which Auchinbreck brevi manu and Manu forti Turns the petitioner totally out of his possession and forces his tennents by parties of armed men to pay him thes petitioners rents to him who being stronger did over power all the opposition the petitioner Could make either via facti or via juris, Wherby the petitioner his wife Childrein and familly have been reduced to and still continue in a sterving Conditione Having no releiff bot the Charity of freinds In which extream necessity the petitioner againe applyed to Auchinbreck if he would repone the petitioner upon getting back of his bond that he gave to Freeland and he freely ouned that he thought the matter a Cheat from the begining and that if he hade known so much at first he would not have midled with it, and Therfore by a letter under his hand to the Earle of Brodalbine in october Jaj vjc nyntie He Declaires that he did not Covit the Bargaine but did freely quyte it without Loss wherupon ther ware indeavors used to transact the bond which Auchinbreck hade granted to Freeland for the said six Thousand merks with one Sprewell a writter in Edinburgh To whom Freeland hade assigned the bond, But Auchinbreck notwithstanding of his repeated promisses and letters in the petitioners favors Transmitts his right to the Lairds of Ardkindles elder and younger who also prevaills with Mr Sprewell to give them a right to Auchinbrecks bond albeit Sprewell at that time was under Communeing with the petitioner, and for four or five thousand merks undertaken by Arkindlas to be payed be Sprewell, For the payment of Auchinbrecks bond and obtaineing from Auchinbreck the right which he hade to Freeland the petitioners wholl estate to the value of Fourtie thousand merks Is Like2 to be Caried away to the petitioners outter ruine, Which being a Circumvention of a long and deep and most ruinous Contrivance The petitioner Cannot, But prosecute the discovery of it by all means and methods that the law allowes, But because the petitioner is so manifastly betrayed and turned out of all the petitioners fortune the petitioner most in all humulity apply to the saids Lords That at least in the mean time, He might have ane aliement for his necessary subsistance and Carieing one the proces that will be needfull in such a case And that ther Lordships may be furder Cleared that it is only wrong and extream necessity that urge the petitioner to give their Lordships this trouble He only Craves in the first place That Ardkindless Auchinbreck and Sprewell may give their oathes of Calumnity upon the knowledge and Conscience of the wholl premisses That ther Lordships might therafter doe in the matter as they should see Cause, And Therfore Humbly Craveing the saids Lords would be pleased In a case to singullar and grivious, To appoint the petitioner a reasonable aliement out of the said estate And to decerne the tennents therof to pay the same, Which he hoped the saids Lords should have appointed the said aliement the petitioner farder Craves that he may be sumarly repossest to his estate against the forsaid violence used against the petitioner and that the saids parties speciallie Auchinbreck might answer theranent as the said petition bears The Lords of his Majesties privy Councill Haveing Considered this petition given in to them be the forsaid Robert Campbell with the answers given in therto be the Lairds of Auchinbreck and Arkindless They heirby Modifie the soume of Fyve hundred merks scots to be payed to the petitioner for his present aliement out of the Estate of Drumsynie, And Decernes Sir Collin Campbell of Ardkindless and the tenents of the said estate, To make payment to him of the soume at the terme of Whitsunday nixt to come And ordaines letters of horning one fiftein dayes to be direct heiron against the saids tenants to be particularly named in the horning and others needfull in forme as effeirs, And Discharges any Suspensione herof to be past or exped, Except upon payment or Consignation allenerly and gives order and warrand to the Clerks to give out Letter heiron for citeing Sir Duncan Campbell of Auchinbreck and Sir Collin Campbell of Arkindless to appear and answer to this petition And assignes the […] day of […] for that effect and also for citeing of witnesses.

Edinburgh Thursday The 28th February 1695

D1695/2/311

Act

Act Robert Campbell of Drumsynie

Anent a Petition given in to the Lords of his Majesties privy Councill be Robert Campbell of Drumsynie Shewing That quher […] Campbell of Drumsynie the petitioners elder brother did now about twentie years agoe but of ane apprehension That throw his oun facility he might be ingadged in Cautionries Granted a bond of Twelue Thousand punds principall To […] Frieland his brother in Law to the effect he might lead ane appryssing of the estate Which was accordingly Led but nothing ensued upon it as being ane absolut trust But on the Contrary his said elder brother Continued in the possession of the Estate dureing his lifetime Nevertheless when both the petitioners brother and Freeland his trustie were dead, and that the petitioner was come to the possessione of the estate as being his brothers appearand air, Archibald Frieland sone to the said […] Freeland did insinuat upon the petitioner and taking advantage upon his weaknes induced him to grant a dispositione Corrobrative of the forsaid appryssing and grounds therof upon pretence that it was only done for Compleating of the right and to make it the more effectuall for the security above designed, and that if it were Compleated He would give a retrocessione or backbond for preventing the petitioners prejudice But this being once done the said Archibald Freeland behaving absolutely as master, and haveing quarrelled the petitioners possessione reduced the petitioner under trust to inexpressible straits and defficulties, And haveing at the same time the petitioner granted the said Corroboratione induced the petitioner to put into his Custody severall bonds granted to the petitioners brother with assinationes therto to subscryve and grant to him severall wholl sheets of paper all blank, In some quherof he has since filled up bonds of Borrowed money Discharges and other rights as made best for his purpose, He hath Continued his oppression upon the petitioner this severall years designing no Less then to ruine and extinguish his familly tho he be his uncle Which the petitioner being sincible of applyed freinds to deall with him to repone the petitioner against such a palpable Cheat, But in stead of Complying with ther desyre He makes a bargain under hand with Sir Duncan Campbell of Auchinbreck about thrie or four years of agoe and Dispones to him all the right he hade to the petitioners estate, Which in lands and bonds was worth Fourtie thousand merks for six Thousand merks and gave him up at the same time the blank sheets the petitioner hade signed and Immediatly went to America, after which Auchinbreck brevi manu and Manu forti Turns the petitioner totally out of his possession and forces his tennents by parties of armed men to pay him thes petitioners rents to him who being stronger did over power all the opposition the petitioner Could make either via facti or via juris, Wherby the petitioner his wife Childrein and familly have been reduced to and still continue in a sterving Conditione Having no releiff bot the Charity of freinds In which extream necessity the petitioner againe applyed to Auchinbreck if he would repone the petitioner upon getting back of his bond that he gave to Freeland and he freely ouned that he thought the matter a Cheat from the begining and that if he hade known so much at first he would not have midled with it, and Therfore by a letter under his hand to the Earle of Brodalbine in october Jaj vjc nyntie He Declaires that he did not Covit the Bargaine but did freely quyte it without Loss wherupon ther ware indeavors used to transact the bond which Auchinbreck hade granted to Freeland for the said six Thousand merks with one Sprewell a writter in Edinburgh To whom Freeland hade assigned the bond, But Auchinbreck notwithstanding of his repeated promisses and letters in the petitioners favors Transmitts his right to the Lairds of Ardkindles elder and younger who also prevaills with Mr Sprewell to give them a right to Auchinbrecks bond albeit Sprewell at that time was under Communeing with the petitioner, and for four or five thousand merks undertaken by Arkindlas to be payed be Sprewell, For the payment of Auchinbrecks bond and obtaineing from Auchinbreck the right which he hade to Freeland the petitioners wholl estate to the value of Fourtie thousand merks Is Like2 to be Caried away to the petitioners outter ruine, Which being a Circumvention of a long and deep and most ruinous Contrivance The petitioner Cannot, But prosecute the discovery of it by all means and methods that the law allowes, But because the petitioner is so manifastly betrayed and turned out of all the petitioners fortune the petitioner most in all humulity apply to the saids Lords That at least in the mean time, He might have ane aliement for his necessary subsistance and Carieing one the proces that will be needfull in such a case And that ther Lordships may be furder Cleared that it is only wrong and extream necessity that urge the petitioner to give their Lordships this trouble He only Craves in the first place That Ardkindless Auchinbreck and Sprewell may give their oathes of Calumnity upon the knowledge and Conscience of the wholl premisses That ther Lordships might therafter doe in the matter as they should see Cause, And Therfore Humbly Craveing the saids Lords would be pleased In a case to singullar and grivious, To appoint the petitioner a reasonable aliement out of the said estate And to decerne the tennents therof to pay the same, Which he hoped the saids Lords should have appointed the said aliement the petitioner farder Craves that he may be sumarly repossest to his estate against the forsaid violence used against the petitioner and that the saids parties speciallie Auchinbreck might answer theranent as the said petition bears The Lords of his Majesties privy Councill Haveing Considered this petition given in to them be the forsaid Robert Campbell with the answers given in therto be the Lairds of Auchinbreck and Arkindless They heirby Modifie the soume of Fyve hundred merks scots to be payed to the petitioner for his present aliement out of the Estate of Drumsynie, And Decernes Sir Collin Campbell of Ardkindless and the tenents of the said estate, To make payment to him of the soume at the terme of Whitsunday nixt to come And ordaines letters of horning one fiftein dayes to be direct heiron against the saids tenants to be particularly named in the horning and others needfull in forme as effeirs, And Discharges any Suspensione herof to be past or exped, Except upon payment or Consignation allenerly and gives order and warrand to the Clerks to give out Letter heiron for citeing Sir Duncan Campbell of Auchinbreck and Sir Collin Campbell of Arkindless to appear and answer to this petition And assignes the […] day of […] for that effect and also for citeing of witnesses.

1. NRS, PC2/25, 189r-191r.

2. The word ‘wayes’ scored out here.

1. NRS, PC2/25, 189r-191r.

2. The word ‘wayes’ scored out here.

Act, 28 February 1695, Edinburgh

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Edinburgh Thursday The 28th February 1695

D1695/2/301

Act

[Act for poor seamen]

Anent a Petition given in to the Lords of His Majesties privy Councill be John Kyll Alexander Baird, John Martine, Alexander Bell James Andersone David Rynd James Blair, Richard Beattie John Caldrun, Alexander Brown, James Gardiner James Traquair, John Grahame Patrick Stiven James Gooll James Mcallan William Guililand John Martine Thomas Deans Duncan Mckavie William Herbertsone, Androw Hodgart and James Campbell poor seamen who served in the scots frigots under the deceast Captaines Hamiltounes and Browne, 2 Shewing That wher It pleased The saids Lords upon ane bill given in by them Representing that they hade applyed to them from the time they served in the saids ships, which was five moneths actuall service and Eightein moneths Imprisonment, and that the petitioners only gott four punds sterling each for the said service and Imprisonment, To Recomend the petitioners to the saids Lords of thesaurie to be speidaly and bountifully dealt with but did not Condescend upon what each particular persone ought to have Which makes the saids Lords delay them extreamly and they being unable to subsist throw want in this place wher they could make no shift are ready to perish if not speedily prevented And Therfore Humbly Craveing the saids Lords would take ther case to 3 Consideratione and modifie such wadges as the saids Lords Thinks with respect to ther service and Imprisonment ther Casses requyres The petitioners who are upon the place being the relicts of these who were killed in the action or dyed in prisone or these rendered incapable of service by the wounds ther received or being Imprisonment as the petitione bears The Lords of his Majesties privy Councill Having Considered the above petition given in to them be the above seamen They heirby Recommend to the Lords Commissioners of his Majesties thesaury To modifie and allow to the petitioners such soumes as they shall think fitt both for ther long service and sad sufferings.

Edinburgh Thursday The 28th February 1695

D1695/2/301

Act

[Act for poor seamen]

Anent a Petition given in to the Lords of His Majesties privy Councill be John Kyll Alexander Baird, John Martine, Alexander Bell James Andersone David Rynd James Blair, Richard Beattie John Caldrun, Alexander Brown, James Gardiner James Traquair, John Grahame Patrick Stiven James Gooll James Mcallan William Guililand John Martine Thomas Deans Duncan Mckavie William Herbertsone, Androw Hodgart and James Campbell poor seamen who served in the scots frigots under the deceast Captaines Hamiltounes and Browne, 2 Shewing That wher It pleased The saids Lords upon ane bill given in by them Representing that they hade applyed to them from the time they served in the saids ships, which was five moneths actuall service and Eightein moneths Imprisonment, and that the petitioners only gott four punds sterling each for the said service and Imprisonment, To Recomend the petitioners to the saids Lords of thesaurie to be speidaly and bountifully dealt with but did not Condescend upon what each particular persone ought to have Which makes the saids Lords delay them extreamly and they being unable to subsist throw want in this place wher they could make no shift are ready to perish if not speedily prevented And Therfore Humbly Craveing the saids Lords would take ther case to 3 Consideratione and modifie such wadges as the saids Lords Thinks with respect to ther service and Imprisonment ther Casses requyres The petitioners who are upon the place being the relicts of these who were killed in the action or dyed in prisone or these rendered incapable of service by the wounds ther received or being Imprisonment as the petitione bears The Lords of his Majesties privy Councill Having Considered the above petition given in to them be the above seamen They heirby Recommend to the Lords Commissioners of his Majesties thesaury To modifie and allow to the petitioners such soumes as they shall think fitt both for ther long service and sad sufferings.

1. NRS, PC2/25, 188v-189r.

2. The word ‘They’ scored out here.

3. Two illegible words scored out here.

1. NRS, PC2/25, 188v-189r.

2. The word ‘They’ scored out here.

3. Two illegible words scored out here.

Sederunt, 28 February 1695, Edinburgh

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Edinburgh Thursday The 28th February 16951

D1695/2/292

Sederunt

Earl of Anadale pres:; Earl of Melvill p: S:; Earl of Morton; Earl of Cassills; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Brodalbine; Lord Raith T:d:; Lord Carmicheall; Lord Advocat; Mr Fr: Montgomry; Laird of Grant.

Edinburgh Thursday The 28th February 16951

D1695/2/292

Sederunt

Earl of Anadale pres:; Earl of Melvill p: S:; Earl of Morton; Earl of Cassills; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Brodalbine; Lord Raith T:d:; Lord Carmicheall; Lord Advocat; Mr Fr: Montgomry; Laird of Grant.

1. NRS, PC2/25, 188r.

2. NRS, PC2/25, 188r.

1. NRS, PC2/25, 188r.

2. NRS, PC2/25, 188r.

Act, 28 February 1695, Edinburgh

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At Edinburgh thursday the tuentie and eight day of Februarie Jaj vjc nynty and fyve years

A1695/2/401

Act

Act Andrew Johnstoune and Ensigne Cockburne

The Lords of his Majesties privy Councill Doe Hereby Ordaine Ensigne […] Cockburne ane of the officers come from Flanders for Recruits To delyver to the Clerks of privy Council the bond granted to Him by Andrew Johnstoune presently prisoner in the Cannongate tolbooth for returneing to Flanders under the penalty of fyve Hundred merks In respect they find it instructed by papers produced to them That the said Andrew was illegallie carried away last year to Flanders contraire to ane express warrand of the Comittie of privie Councill which with ane instrument of intimatione made to Major Borthwick by whom the said Andrew was then illegallie seized was also produced to the Councill And Declairs the said Andrew to be a freeman and Discharges him to be molested by any persone as a Desertor And Declairs the said Ensigne Cockburne to be free of any oblidgement given by him to any officer in Flanders for reproduceing the persone of the said Andrew And appoynts the officer to whom any such oblidgement is granted to delyver up the same to the said Ensigne to be Cancelled and gives order and warrand to the Baillies of the Cannongate and keeper of their Tolbooth to sett the said Andrew at liberty furth thereof And ordaines Horneing on fyfteen dayes and others needfulle to be direct Hereupon in forme as effeires.

At Edinburgh thursday the tuentie and eight day of Februarie Jaj vjc nynty and fyve years

A1695/2/401

Act

Act Andrew Johnstoune and Ensigne Cockburne

The Lords of his Majesties privy Councill Doe Hereby Ordaine Ensigne […] Cockburne ane of the officers come from Flanders for Recruits To delyver to the Clerks of privy Council the bond granted to Him by Andrew Johnstoune presently prisoner in the Cannongate tolbooth for returneing to Flanders under the penalty of fyve Hundred merks In respect they find it instructed by papers produced to them That the said Andrew was illegallie carried away last year to Flanders contraire to ane express warrand of the Comittie of privie Councill which with ane instrument of intimatione made to Major Borthwick by whom the said Andrew was then illegallie seized was also produced to the Councill And Declairs the said Andrew to be a freeman and Discharges him to be molested by any persone as a Desertor And Declairs the said Ensigne Cockburne to be free of any oblidgement given by him to any officer in Flanders for reproduceing the persone of the said Andrew And appoynts the officer to whom any such oblidgement is granted to delyver up the same to the said Ensigne to be Cancelled and gives order and warrand to the Baillies of the Cannongate and keeper of their Tolbooth to sett the said Andrew at liberty furth thereof And ordaines Horneing on fyfteen dayes and others needfulle to be direct Hereupon in forme as effeires.

1. NRS, PC1/50, 138.

1. NRS, PC1/50, 138.

Commission by the Council, 28 February 1695, Edinburgh

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At Edinburgh thursday the tuentie and eight day of Februarie Jaj vjc nynty and fyve years

A1695/2/391

Commission by the Council

Comissione anent three Countreymen in Dumbartane Castle

The Lords of his Majesties privy Councill being informed that three peaceable countreymen were imprisoned in the Castle of Dumbartone by a party allowed to Captaine John Cunynghame furth of the said Castle for seazing Desertors which Countreymen are apprehended as is informed by warrand from the Laird of Luss They Hereby give full power and Commissione to […] Mcoula of Adnaple […] Fergusone of Ketloch Luett governour of Dumbarton Castle The present provost of Dumbartone and […] Cathcart one of the officers of the said Castle of Dumbartoune To examine the Case of the said three Countreymen And to Hear them and the Laird of Luss by whose ordor they are alleadged to be apprehended and the officers or others who imprisoned or pretend interest to them With power to the foresaid persones hereby Commissionat to sett the said prisoners at Liberty if they shall find just and reasonable Causes for doeing thereof And in the meantyme Appoynts the said Countreymen to be continowed prisoners and not to 2 be delyvered out of the said Castle either to the officers who imprisoned them or any others untill the above Commissioners give their determinatione therein And appoynts the said Commissioners to make their Report of thir whole procedor in this matter to the Councill and whether they have liberat the said persones or not and Declares any three of the said Commissioners to be a sufficient quorum

At Edinburgh thursday the tuentie and eight day of Februarie Jaj vjc nynty and fyve years

A1695/2/391

Commission by the Council

Comissione anent three Countreymen in Dumbartane Castle

The Lords of his Majesties privy Councill being informed that three peaceable countreymen were imprisoned in the Castle of Dumbartone by a party allowed to Captaine John Cunynghame furth of the said Castle for seazing Desertors which Countreymen are apprehended as is informed by warrand from the Laird of Luss They Hereby give full power and Commissione to […] Mcoula of Adnaple […] Fergusone of Ketloch Luett governour of Dumbarton Castle The present provost of Dumbartone and […] Cathcart one of the officers of the said Castle of Dumbartoune To examine the Case of the said three Countreymen And to Hear them and the Laird of Luss by whose ordor they are alleadged to be apprehended and the officers or others who imprisoned or pretend interest to them With power to the foresaid persones hereby Commissionat to sett the said prisoners at Liberty if they shall find just and reasonable Causes for doeing thereof And in the meantyme Appoynts the said Countreymen to be continowed prisoners and not to 2 be delyvered out of the said Castle either to the officers who imprisoned them or any others untill the above Commissioners give their determinatione therein And appoynts the said Commissioners to make their Report of thir whole procedor in this matter to the Councill and whether they have liberat the said persones or not and Declares any three of the said Commissioners to be a sufficient quorum

1. NRS, PC1/50, 137-8.

2. The letter ‘d’ scored out here.

1. NRS, PC1/50, 137-8.

2. The letter ‘d’ scored out here.

Order, 28 February 1695, Edinburgh

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At Edinburgh thursday the tuentie and eight day of Februarie Jaj vjc nynty and fyve years

A1695/2/381

Order

Recomendatione Craufurd of Drumsuie to the Thesaurie

The Lords of his Majesties privy Councill doe Hereby recommend to the Lords Commissioners of his Majesties Thesaurie To allow to David Craufurd of Drumsuie ane sellarie of three thousand merks scots for his owne and such as shall be imployed by him their paines and expences in prosecuteing the Commissione to be granted by the said Lords to Him for watching against the importatione of irish victuall within the bounds of his Commissione and that at such termes of payment as the said Lords of Thesaurie shall think fitt The Commissione being alwayes first signed by the said Lords of Councill and delyvered to the said David Craufurd

At Edinburgh thursday the tuentie and eight day of Februarie Jaj vjc nynty and fyve years

A1695/2/381

Order

Recomendatione Craufurd of Drumsuie to the Thesaurie

The Lords of his Majesties privy Councill doe Hereby recommend to the Lords Commissioners of his Majesties Thesaurie To allow to David Craufurd of Drumsuie ane sellarie of three thousand merks scots for his owne and such as shall be imployed by him their paines and expences in prosecuteing the Commissione to be granted by the said Lords to Him for watching against the importatione of irish victuall within the bounds of his Commissione and that at such termes of payment as the said Lords of Thesaurie shall think fitt The Commissione being alwayes first signed by the said Lords of Councill and delyvered to the said David Craufurd

1. NRS, PC1/50, 137.

1. NRS, PC1/50, 137.

Order, 28 February 1695, Edinburgh

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At Edinburgh thursday the tuentie and eight day of Februarie Jaj vjc nynty and fyve years

A1695/2/371

Order

Recomendatione To the Lord Advocat to wryte to the Secretaries of State anent vaccant affairs

The Lords of his Majesties privy Councill Doe Hereby recomend to Sir James Stueart his Majesties Advocat to wryte to the Secretaries of State acquainting them That there are severall Magistrats shirriffs or other offices of magistracie vaccant in this Kingdome And that they would move it to the Kings Majestie That He would give Comissione or warrand To the Councill for supplying of these vaccancies where the same are or hereafter may fall out to be either in Burgh of Landward.

At Edinburgh thursday the tuentie and eight day of Februarie Jaj vjc nynty and fyve years

A1695/2/371

Order

Recomendatione To the Lord Advocat to wryte to the Secretaries of State anent vaccant affairs

The Lords of his Majesties privy Councill Doe Hereby recomend to Sir James Stueart his Majesties Advocat to wryte to the Secretaries of State acquainting them That there are severall Magistrats shirriffs or other offices of magistracie vaccant in this Kingdome And that they would move it to the Kings Majestie That He would give Comissione or warrand To the Councill for supplying of these vaccancies where the same are or hereafter may fall out to be either in Burgh of Landward.

1. NRS, PC1/50, 136.

1. NRS, PC1/50, 136.

Act, 28 February 1695, Edinburgh

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At Edinburgh thursday the tuentie and eight day of Februarie Jaj vjc nynty and fyve years

A1695/2/361

Act

Act anent persons taken at a popish meeting

The Lords of his majesties privy Councill doe hereby give ordor and warrand to the magistrats of Edinburgh and keeper of their Tolbooth to set at liberty furth thereof the persones of James DeCantone and James Mories Fenceing masters and John Wilsone of Spango presentlie prisoners therein seized at a popish meeting lately found at the Cannongate They first giving bond and finding sufficient cautione acted in the books of privy Councill That they shall live peaceablie under and with all submissione to the present Government of his majestie King William and that they shall not act consult nor contryve any thing in prejudice thereof not converse nor correspond with any rebells and that each of them shall appear before the said Lords when called for under the penaltie of fyve Hundred merks scots a peice and ordains Hary Grahame and James Blair his Landlord perriwickmaker in Nethrieswynd James Broune sone to Hugh Broun Chirurgeon and the said Hugh his father John Abercrombie merchant in Edinburgh and John Lame in the Water of Leith have been ceitted to have appeared before the Committie appoynted anent the said popish meeting to give bond and find sufficient Cautione in the same tearmes and under the same penaltie and in Case the doe not give bond and Find sufficient Cautione in maner foresaid ordains the macers of Councill to committ them prisoners in the tolbooth of Edinburgh And ordaines macers or messengers to search for seaze upon and apprehend the persone of John Laing wryter John Gordone wryter and James Scott in the Cannongate who being also at the said meeting have since absconded themselves and being sought for cannot be found and to committ them prisoners to the said Tolbooth of Edinburgh till furder ordor of Councill and ordaines the persones foresaid to give in bond and find Cautione in the tearmes abovewryten once betwixt and this day eight dayes And if the faill Appoynts the Macers of privie Councill to carrie them to the said tolbooth

At Edinburgh thursday the tuentie and eight day of Februarie Jaj vjc nynty and fyve years

A1695/2/361

Act

Act anent persons taken at a popish meeting

The Lords of his majesties privy Councill doe hereby give ordor and warrand to the magistrats of Edinburgh and keeper of their Tolbooth to set at liberty furth thereof the persones of James DeCantone and James Mories Fenceing masters and John Wilsone of Spango presentlie prisoners therein seized at a popish meeting lately found at the Cannongate They first giving bond and finding sufficient cautione acted in the books of privy Councill That they shall live peaceablie under and with all submissione to the present Government of his majestie King William and that they shall not act consult nor contryve any thing in prejudice thereof not converse nor correspond with any rebells and that each of them shall appear before the said Lords when called for under the penaltie of fyve Hundred merks scots a peice and ordains Hary Grahame and James Blair his Landlord perriwickmaker in Nethrieswynd James Broune sone to Hugh Broun Chirurgeon and the said Hugh his father John Abercrombie merchant in Edinburgh and John Lame in the Water of Leith have been ceitted to have appeared before the Committie appoynted anent the said popish meeting to give bond and find sufficient Cautione in the same tearmes and under the same penaltie and in Case the doe not give bond and Find sufficient Cautione in maner foresaid ordains the macers of Councill to committ them prisoners in the tolbooth of Edinburgh And ordaines macers or messengers to search for seaze upon and apprehend the persone of John Laing wryter John Gordone wryter and James Scott in the Cannongate who being also at the said meeting have since absconded themselves and being sought for cannot be found and to committ them prisoners to the said Tolbooth of Edinburgh till furder ordor of Councill and ordaines the persones foresaid to give in bond and find Cautione in the tearmes abovewryten once betwixt and this day eight dayes And if the faill Appoynts the Macers of privie Councill to carrie them to the said tolbooth

1. NRS, PC1/50, 135.

1. NRS, PC1/50, 135.

Decreet, 28 February 1695, Edinburgh

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At Edinburgh thursday the tuentie and eight day of Februarie Jaj vjc nynty and fyve years

A1695/2/351

Decreet

Interloquitor anent bale for Lord Drummonds servants

The Lords of his majesties privy Councill Doe hereby Declare That the bale to be given by the Lord Drumonds Valett de Chambre and footman for liveing peaceably is only to […] dureing the2 tyme that these servants continow in the Lord Drummonds service and that the said Lord Drummond shall acquaint the said Lords before any of the said Servants shall goe out of his service and ordaines the Clerks of Councill to take the bonds of Cautionrie in thir tearms.

At Edinburgh thursday the tuentie and eight day of Februarie Jaj vjc nynty and fyve years

A1695/2/351

Decreet

Interloquitor anent bale for Lord Drummonds servants

The Lords of his majesties privy Councill Doe hereby Declare That the bale to be given by the Lord Drumonds Valett de Chambre and footman for liveing peaceably is only to […] dureing the2 tyme that these servants continow in the Lord Drummonds service and that the said Lord Drummond shall acquaint the said Lords before any of the said Servants shall goe out of his service and ordaines the Clerks of Councill to take the bonds of Cautionrie in thir tearms.

1. NRS, PC1/50, 135-6.

2. The word ‘service’ scored out here.

1. NRS, PC1/50, 135-6.

2. The word ‘service’ scored out here.