Tag Archives: 28 November 1695

Decreet, 28 November 1695, Edinburgh

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Edinburgh the Twentie Eight day of November Jaj vic Nyntie five

D1695/11/351

Decreet

Decreit Thomas Porteous and others against John Dick in Jedburgh

Anent the Lybell or letters of Complaint raised before the Lords of his majesties privy Councill at the instance of Thomas Porteous provest Hendry Young James Olipher Gilbert Eliot and Thomas Cranstoune baillies present Magistrats of the burgh of Jedburgh for themselves and in name and behalf of the Toune Councill thereof and James Knigh Jaylor of the Tolbooth of the said burgh with concourse of Sir James Stewart his majesties advocat in the matter underwritten Making Mention That wher by the Comon Law, Law and practices of this realme and Lawes of all other weell governed nations The breaking of prison by any persone especiallie when Committed there for satisfieing Justice and payment of a fyne Imposed by the Lawfull Magistrats for ane high ryot and breach of the peace and for open and manifast contempt of the Sentence of the Civill Magistrat in open Court and the beating Stricking and wounding of the Magistrats within burgh and ther publict Jaylor appointed by them By John Dick burges and inhabitant of the said burgh of Jedburgh to facilitate and procure his escape from and breaking out of prisone Be all Crimes of ane high nature and Severly punishable Nevertheless the said John Dick haveing Charged John Kennedy another burges of Jedburgh for the soume of thrie hundred punds Scots and bygone aboverents thereof Contained in ane bond granted by William Hasswell ane appothecary in the said burgh as principle and the said John Kennedy as Cautioner, The said John Kennedy within the dayes of the Charge having intimat the Distress to Christian Hasswell or to the said William Hasswell She Conveens the said John Dick before the saids pursuers Magistrats of Jedburgh for payment of Eightein punds yearly of tack dutie for two aikers of Land sett by the said William Hasswell to him in tack for payment of the said tack dutie yearly by and attour the Cess and publict burdein And Craved that he might aither pay in the said tack dutie or allow it in the bygone annualrents of the soume Charged for, And both parties haveing Compeired And the tack being produced, And the said John Dick haveing acknowledged his possession the Magistrats by their sentance and interloquitor Ordained the said John Dick to make Compt and reckoning and to allow what Should be found due by him upon his intromissions And In Respect he refused to make Compt and reckoning, The saids Magistrats Decerned for the tack duties Lybelled, Notwithstanding wherof the said John Dick protested in face of Court that he would not obey the Sentance And accordingly that afternoon he distressed the Cautioner for the whole Soume and bygone annualrents and penalties Contained in the bond without allowing either the retentione Conforme to the act of parliament or allowing any Compensation for the tack duty And after all refused to give up a bond of Coroboratione granted for the same soume, Wherupon the debitors were againe obleidged to pursue him before the saids pursuers Magistrats of the said burgh of Jedburgh for delivering up the said bond of Corroboratione And againe both parties Compeiring And the Discharge of the first bond being produced the Magistrats Decerned the said John Dick to give up the forsaid bond of Corroboration under the paine of ane hundred Scots Which Sentance he also protested he could not obey But haveing used many insolent and minaceing Speeches and behavior to the pursuers they therfor imlawed him in fiftie punds Scots and ordained him to Stay and remaine in prison till he Satisfied the samen, But In Respect he hade the benefit of open prisone being a burges he having Continued drinking ther till towards Eight a Cloak at night He then hade the Impudence to remove himself out of prison without any Respect to his incarceration And nixt day being requyred by the magistrats to repair to prison under the paine of five hundred merks He Refused to obey ther desire intimat to him by the Jaylor and toune Clerk as ane instrument taken therupon does bear and having afterwards Compeired affrontedly in the Street before the magistrats and their officers And inhabitants of the said Toune The said Thomas Porteous provest was oblidged to requyre the inhabitants concurence Wherupon the said John Dick at last offered to goe to prison if the provest would conduct him and Shew him the way Which the provest Innocently Condescended unto thinking therby to prevent a tumult and disorder in the toune And the said provest haveing then arreisted him to remaine in prison and to behave himself Comperably and Civilly untill the toune Councill Should meet and Consider what Censures Should be inflicted upon him for the injuries done to the toune by the Disobedience and Contempt of the magistrats And the said Thomas Porteous provest therafter goeing out and Calling for the said James Knight Jaylor the said John Dick did upon the twentie Sixth Twentie Seventh or one or other of the dayes of the said moneth of Jully last by past in a furious maner flee upon the said Thomas Porteous provest and Strict him on the breast sore against the heart thinking therby to have throwen him over the Stairs of the prison which danger he narrowly escaped by the help of some of the inhabitants who were standing by him And thrust back the said John Dick into the prison wher he wrestled with the said James Knight Jaylor thinking to kill him untill he was Rescued by the toune officers But some of his Nighbours haveing Stayed with the said John Dick in the prison till night He and they in the night tim brock the prison doors with hamers and other instruments and escaped therby out of prison and hath not since been seen in the toune And Therfore the said John Dick ought to be fyned in the soume of five thousand merks Scots The one half to be payed to the thesaurer of the said burgh for the use therof, And the other half to the said Thomas Porteous provest for his damnage and expensses and to be banished the kingdome never to returne to the terror of others to Comitt the like in time comeing Conform to the Constant practise both of the Lords of his Majesties privy Councill and Lords of Justiciary in the like cases And Anent the Charge given to the saids defender to have Compeired personally before the saids Lords At ane Certaine day now bygone To have answered to the forsaid Complaint And to have heard and Seen such order and Course taken theranent as the saids Lords shall find Just under the paine of rebellion etc As in the principall Lybell or letters of Complaint raised in the said matter and executiones therof at more length is Contained Which Lybell being upon the Seventh day of November instant Called in presence of the saids Lords of his Majesties privy Councill The said Thomas Porteous provest Gilbert Eliot and Thomas Cranstone baillies thrie of the persuers Compeiring personally with Sir James Stewart his majesties advocat Mr Robert Bennet and James Stewart their advocats And the said John Dick defender Compeiring also personally with Sir Patrick Hume his advocat The Lybell and answers therto being both read and both parties advocats fully heard The saids Lords Admitted the Lybell to probation, And some of the witnesses haveing Compeired and made faith, The Lords appointed a Comittie to examine them And Allowed a farder dilligence against the witnesses cited and not Compeiring Who haveing therafter Compeired and made faith the saids Lords Remited to the same Comittie to examine them and Reserved all objections which might be made against any of the saids witnesses to be proponed And Discust before the Comittie Therafter the Comittie haveing mett and having examined the saids witnesses they all deponed as their oathes and depositiones extant in proces bears And the saids Lords having upon the twentie one day of november instant advised this proces and Considered the depositiones of the witnesses adduced be the pursuer for proveing the Lybell Togither with a petition given in for the defender John Dick And having againe heard both parties and his majesties advocat and Mr Robert Benet advocat Compeiring with and for the pursuers and Sir Patrick Home and Mr John Frank advocats Compeiring with and for the defenders The saids Lords Finds the Lybell proven And Therfore They thereby Fyned John Dick the defender in the Soume of Fyve hundred merks scots to be payed be him to the pursuer Thomas Porteous provest of Jedburgh for the Ryot Lybelled and the haill expences Which the pursuer hath been at in this proces, And Ordained letters of horning on fiftein dayes and others needfull to be direct heirupon under the Signet of Councill informe as effeirs And Ordained the defenders instantly to find Suficient Cautione Acted in the books of privy Councill That he shall make payment to the said pursuer of the said fyne of five hundred merks and appoints the macers of Councill to Seize upon and Secure the persone of the said John Dick untill he find the said Cautione as said is But superceid extracting of this Decreet till thursday the twentie Eight of November instant Betwixt and which if the defender produce ane decreet at the instance of the said provest before the magistrats of Jedburgh Sentenceing and Judging the said John Dick for the particular acts of Insolence and Ryot Lybelled in this proces the same shall be received and upon the privy Councills Finding the saids Ryotous acts to be allready Judged by the said ded the said bond and this Decreet is to be discharged and Rescinded And the said actione being againe Called this day in presence of the saids Lords of his majesties privy Councill and both parties Compeiring personally The said John Dick defender produced a paper which he pretended to be the Decreet at the said Thomas Porteous instance against him before the magistrats of Jedburgh Sentenceing and Judging him for the particular acts of Insolence and Ryot Lybelled in this proces And the said Lords having Considered the said paper with two petitioners given in to them one for the Provest proteous and another for John Dick They Find that the paper produced for the said John Dick Is not the Decreet Which by the Last interloquitor in this proces He was appointed to have produced this day And Therfore they Find that the matter Lybelled is not res hacta Judicata And Ordaines the Decreet formerly pronunced in this proces to be extracted, And the saids Lords Ordained the said John Dick to Crave pardon from the said Provest Porteous Which he did accordingly at the Councill in face of the Councill And Ordaines the said John Dick to be Caried prisoner to the Tolbooth of Edinburgh untill he make payment to the said provest of the forsaid fyne of fyve hundred merks.

Edinburgh the Twentie Eight day of November Jaj vic Nyntie five

D1695/11/351

Decreet

Decreit Thomas Porteous and others against John Dick in Jedburgh

Anent the Lybell or letters of Complaint raised before the Lords of his majesties privy Councill at the instance of Thomas Porteous provest Hendry Young James Olipher Gilbert Eliot and Thomas Cranstoune baillies present Magistrats of the burgh of Jedburgh for themselves and in name and behalf of the Toune Councill thereof and James Knigh Jaylor of the Tolbooth of the said burgh with concourse of Sir James Stewart his majesties advocat in the matter underwritten Making Mention That wher by the Comon Law, Law and practices of this realme and Lawes of all other weell governed nations The breaking of prison by any persone especiallie when Committed there for satisfieing Justice and payment of a fyne Imposed by the Lawfull Magistrats for ane high ryot and breach of the peace and for open and manifast contempt of the Sentence of the Civill Magistrat in open Court and the beating Stricking and wounding of the Magistrats within burgh and ther publict Jaylor appointed by them By John Dick burges and inhabitant of the said burgh of Jedburgh to facilitate and procure his escape from and breaking out of prisone Be all Crimes of ane high nature and Severly punishable Nevertheless the said John Dick haveing Charged John Kennedy another burges of Jedburgh for the soume of thrie hundred punds Scots and bygone aboverents thereof Contained in ane bond granted by William Hasswell ane appothecary in the said burgh as principle and the said John Kennedy as Cautioner, The said John Kennedy within the dayes of the Charge having intimat the Distress to Christian Hasswell or to the said William Hasswell She Conveens the said John Dick before the saids pursuers Magistrats of Jedburgh for payment of Eightein punds yearly of tack dutie for two aikers of Land sett by the said William Hasswell to him in tack for payment of the said tack dutie yearly by and attour the Cess and publict burdein And Craved that he might aither pay in the said tack dutie or allow it in the bygone annualrents of the soume Charged for, And both parties haveing Compeired And the tack being produced, And the said John Dick haveing acknowledged his possession the Magistrats by their sentance and interloquitor Ordained the said John Dick to make Compt and reckoning and to allow what Should be found due by him upon his intromissions And In Respect he refused to make Compt and reckoning, The saids Magistrats Decerned for the tack duties Lybelled, Notwithstanding wherof the said John Dick protested in face of Court that he would not obey the Sentance And accordingly that afternoon he distressed the Cautioner for the whole Soume and bygone annualrents and penalties Contained in the bond without allowing either the retentione Conforme to the act of parliament or allowing any Compensation for the tack duty And after all refused to give up a bond of Coroboratione granted for the same soume, Wherupon the debitors were againe obleidged to pursue him before the saids pursuers Magistrats of the said burgh of Jedburgh for delivering up the said bond of Corroboratione And againe both parties Compeiring And the Discharge of the first bond being produced the Magistrats Decerned the said John Dick to give up the forsaid bond of Corroboration under the paine of ane hundred Scots Which Sentance he also protested he could not obey But haveing used many insolent and minaceing Speeches and behavior to the pursuers they therfor imlawed him in fiftie punds Scots and ordained him to Stay and remaine in prison till he Satisfied the samen, But In Respect he hade the benefit of open prisone being a burges he having Continued drinking ther till towards Eight a Cloak at night He then hade the Impudence to remove himself out of prison without any Respect to his incarceration And nixt day being requyred by the magistrats to repair to prison under the paine of five hundred merks He Refused to obey ther desire intimat to him by the Jaylor and toune Clerk as ane instrument taken therupon does bear and having afterwards Compeired affrontedly in the Street before the magistrats and their officers And inhabitants of the said Toune The said Thomas Porteous provest was oblidged to requyre the inhabitants concurence Wherupon the said John Dick at last offered to goe to prison if the provest would conduct him and Shew him the way Which the provest Innocently Condescended unto thinking therby to prevent a tumult and disorder in the toune And the said provest haveing then arreisted him to remaine in prison and to behave himself Comperably and Civilly untill the toune Councill Should meet and Consider what Censures Should be inflicted upon him for the injuries done to the toune by the Disobedience and Contempt of the magistrats And the said Thomas Porteous provest therafter goeing out and Calling for the said James Knight Jaylor the said John Dick did upon the twentie Sixth Twentie Seventh or one or other of the dayes of the said moneth of Jully last by past in a furious maner flee upon the said Thomas Porteous provest and Strict him on the breast sore against the heart thinking therby to have throwen him over the Stairs of the prison which danger he narrowly escaped by the help of some of the inhabitants who were standing by him And thrust back the said John Dick into the prison wher he wrestled with the said James Knight Jaylor thinking to kill him untill he was Rescued by the toune officers But some of his Nighbours haveing Stayed with the said John Dick in the prison till night He and they in the night tim brock the prison doors with hamers and other instruments and escaped therby out of prison and hath not since been seen in the toune And Therfore the said John Dick ought to be fyned in the soume of five thousand merks Scots The one half to be payed to the thesaurer of the said burgh for the use therof, And the other half to the said Thomas Porteous provest for his damnage and expensses and to be banished the kingdome never to returne to the terror of others to Comitt the like in time comeing Conform to the Constant practise both of the Lords of his Majesties privy Councill and Lords of Justiciary in the like cases And Anent the Charge given to the saids defender to have Compeired personally before the saids Lords At ane Certaine day now bygone To have answered to the forsaid Complaint And to have heard and Seen such order and Course taken theranent as the saids Lords shall find Just under the paine of rebellion etc As in the principall Lybell or letters of Complaint raised in the said matter and executiones therof at more length is Contained Which Lybell being upon the Seventh day of November instant Called in presence of the saids Lords of his Majesties privy Councill The said Thomas Porteous provest Gilbert Eliot and Thomas Cranstone baillies thrie of the persuers Compeiring personally with Sir James Stewart his majesties advocat Mr Robert Bennet and James Stewart their advocats And the said John Dick defender Compeiring also personally with Sir Patrick Hume his advocat The Lybell and answers therto being both read and both parties advocats fully heard The saids Lords Admitted the Lybell to probation, And some of the witnesses haveing Compeired and made faith, The Lords appointed a Comittie to examine them And Allowed a farder dilligence against the witnesses cited and not Compeiring Who haveing therafter Compeired and made faith the saids Lords Remited to the same Comittie to examine them and Reserved all objections which might be made against any of the saids witnesses to be proponed And Discust before the Comittie Therafter the Comittie haveing mett and having examined the saids witnesses they all deponed as their oathes and depositiones extant in proces bears And the saids Lords having upon the twentie one day of november instant advised this proces and Considered the depositiones of the witnesses adduced be the pursuer for proveing the Lybell Togither with a petition given in for the defender John Dick And having againe heard both parties and his majesties advocat and Mr Robert Benet advocat Compeiring with and for the pursuers and Sir Patrick Home and Mr John Frank advocats Compeiring with and for the defenders The saids Lords Finds the Lybell proven And Therfore They thereby Fyned John Dick the defender in the Soume of Fyve hundred merks scots to be payed be him to the pursuer Thomas Porteous provest of Jedburgh for the Ryot Lybelled and the haill expences Which the pursuer hath been at in this proces, And Ordained letters of horning on fiftein dayes and others needfull to be direct heirupon under the Signet of Councill informe as effeirs And Ordained the defenders instantly to find Suficient Cautione Acted in the books of privy Councill That he shall make payment to the said pursuer of the said fyne of five hundred merks and appoints the macers of Councill to Seize upon and Secure the persone of the said John Dick untill he find the said Cautione as said is But superceid extracting of this Decreet till thursday the twentie Eight of November instant Betwixt and which if the defender produce ane decreet at the instance of the said provest before the magistrats of Jedburgh Sentenceing and Judging the said John Dick for the particular acts of Insolence and Ryot Lybelled in this proces the same shall be received and upon the privy Councills Finding the saids Ryotous acts to be allready Judged by the said ded the said bond and this Decreet is to be discharged and Rescinded And the said actione being againe Called this day in presence of the saids Lords of his majesties privy Councill and both parties Compeiring personally The said John Dick defender produced a paper which he pretended to be the Decreet at the said Thomas Porteous instance against him before the magistrats of Jedburgh Sentenceing and Judging him for the particular acts of Insolence and Ryot Lybelled in this proces And the said Lords having Considered the said paper with two petitioners given in to them one for the Provest proteous and another for John Dick They Find that the paper produced for the said John Dick Is not the Decreet Which by the Last interloquitor in this proces He was appointed to have produced this day And Therfore they Find that the matter Lybelled is not res hacta Judicata And Ordaines the Decreet formerly pronunced in this proces to be extracted, And the saids Lords Ordained the said John Dick to Crave pardon from the said Provest Porteous Which he did accordingly at the Councill in face of the Councill And Ordaines the said John Dick to be Caried prisoner to the Tolbooth of Edinburgh untill he make payment to the said provest of the forsaid fyne of fyve hundred merks.

1. NRS, PC2/26, 43v-46v.

1. NRS, PC2/26, 43v-46v.

Order, 28 November 1695, Edinburgh

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Edinburgh the Twentie Eight day of November Jaj vic Nyntie five

D1695/11/341

Order

Recomendatione John Duncan and others to the thesaury for transporting Souldiers

Anent the petition given in to the Lords of his Majesties privy Councill be John Duncan at Dundie Watterside and the ouners of on the northern-ferries and the northerne burghs Lying on the port road Shewing That wher the highland rebells were in armes and his majesties forces drawen to the north against them The saids Lords by ther act dated the second of Jully Jaj vic Eightie Nyne years Did appoint the severall Northern burrowes to have in readines a Suficient horse and man for Dispatching letters and intelligence betwixt the Lords of privy Councill and Comander in Cheiff and else wher in his majesties service, And the keepers and ouners of boats and ferries were oblidged to fraught over regiments souldiers and expresses On all Occasions, And the forsaid act of Councill Does appoint them to keep ane account of the expences to the effect they may be re Imbursed by the Government as the samen ther present to Shew would testifie, In obedience wherwith the burghs furnished men and horss and the Ferries boats and passage in his Majesties service upon all occasions upon expectation of payment Conforme to the publict faith And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned The Lords of his majesties privy Councill haveing Considered this petition Given in to them be the above John Duncan and others, They hereby Recommend to the Lords Commissioners of his majesties Thesaury to Cause make payment to the petitioners of all Ferrie fraughts which they shall instruct to be due to them for transporting of any of his majesties forces at any time bygone, and for time comeing to Cause make payment to them for transporting his majesties forces of the equall half of the fraughts accustomed to be payed by the ordinary Leidges according to use and want.

Edinburgh the Twentie Eight day of November Jaj vic Nyntie five

D1695/11/341

Order

Recomendatione John Duncan and others to the thesaury for transporting Souldiers

Anent the petition given in to the Lords of his Majesties privy Councill be John Duncan at Dundie Watterside and the ouners of on the northern-ferries and the northerne burghs Lying on the port road Shewing That wher the highland rebells were in armes and his majesties forces drawen to the north against them The saids Lords by ther act dated the second of Jully Jaj vic Eightie Nyne years Did appoint the severall Northern burrowes to have in readines a Suficient horse and man for Dispatching letters and intelligence betwixt the Lords of privy Councill and Comander in Cheiff and else wher in his majesties service, And the keepers and ouners of boats and ferries were oblidged to fraught over regiments souldiers and expresses On all Occasions, And the forsaid act of Councill Does appoint them to keep ane account of the expences to the effect they may be re Imbursed by the Government as the samen ther present to Shew would testifie, In obedience wherwith the burghs furnished men and horss and the Ferries boats and passage in his Majesties service upon all occasions upon expectation of payment Conforme to the publict faith And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned The Lords of his majesties privy Councill haveing Considered this petition Given in to them be the above John Duncan and others, They hereby Recommend to the Lords Commissioners of his majesties Thesaury to Cause make payment to the petitioners of all Ferrie fraughts which they shall instruct to be due to them for transporting of any of his majesties forces at any time bygone, and for time comeing to Cause make payment to them for transporting his majesties forces of the equall half of the fraughts accustomed to be payed by the ordinary Leidges according to use and want.

1. NRS, PC2/26, 42v-43r.

1. NRS, PC2/26, 42v-43r.

Order, 28 November 1695, Edinburgh

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Order

Recommendation Sir James Ramsay and his Lady

Anent the petition given in to the Lords of his Majesties privy Councill be Sir James Ramsay of Logie and his Lady Shewing That wher the right honorable, The Estates of parliament In Consideration of the hard useage the petitioners hade mett with from the Earle of Seaforth Did by ther Act in June Last appoint the petitioners ane aliement of ane Thousand pounds Scots yearly to be payed be his Lordship dureing the dependence of their proces against him, And Seing the said aliement is Declared by the said act to Commence from Whitsunday Last and so is not payable till Whitsunday nixt Jaj vic nyntie six, Which was for Contrair to the mind of the parliament and the Nature of the alimentarie appointment which was rather to be advanced and more especially In the petitioners case whose wholl fortune is in the hands of the said Earle Wherby they are redacted to inexpressible straits and would have Sterved if the saids Lords hade not provyded remeed And Seing the petitioners are become very old and in firme Sir James being about Nyntie Seven years of age And ther throw has been fixt to his bed these two years bygone And ther aliment not being payable till Whitsunday and haveing nothing in the meantime either to Live upon or to burie them Credably the which probably may very shortly fall out And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned The Lords of his majesties privy Councill haveing Considered this petition given in to them be the above Sir James Ramsay and his Lady, They hereby Recommend to the Lord Commissioners of his majesties thesaury to advance to the petitioners upon the Credit of the above Act of parliament what their Lordships shall find necessary for ther present subsistance, To be thankfully repayed out of the first and readiest of the said aliement appointed to the Saids petitioners be the said act of parliament.

Edinburgh the Twentie Eight day of November Jaj vic Nyntie five

D1695/11/331

Order

Recommendation Sir James Ramsay and his Lady

Anent the petition given in to the Lords of his Majesties privy Councill be Sir James Ramsay of Logie and his Lady Shewing That wher the right honorable, The Estates of parliament In Consideration of the hard useage the petitioners hade mett with from the Earle of Seaforth Did by ther Act in June Last appoint the petitioners ane aliement of ane Thousand pounds Scots yearly to be payed be his Lordship dureing the dependence of their proces against him, And Seing the said aliement is Declared by the said act to Commence from Whitsunday Last and so is not payable till Whitsunday nixt Jaj vic nyntie six, Which was for Contrair to the mind of the parliament and the Nature of the alimentarie appointment which was rather to be advanced and more especially In the petitioners case whose wholl fortune is in the hands of the said Earle Wherby they are redacted to inexpressible straits and would have Sterved if the saids Lords hade not provyded remeed And Seing the petitioners are become very old and in firme Sir James being about Nyntie Seven years of age And ther throw has been fixt to his bed these two years bygone And ther aliment not being payable till Whitsunday and haveing nothing in the meantime either to Live upon or to burie them Credably the which probably may very shortly fall out And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned The Lords of his majesties privy Councill haveing Considered this petition given in to them be the above Sir James Ramsay and his Lady, They hereby Recommend to the Lord Commissioners of his majesties thesaury to advance to the petitioners upon the Credit of the above Act of parliament what their Lordships shall find necessary for ther present subsistance, To be thankfully repayed out of the first and readiest of the said aliement appointed to the Saids petitioners be the said act of parliament.

1. NRS, PC2/26, 42r-42v.

1. NRS, PC2/26, 42r-42v.

Procedure, 28 November 1695, Edinburgh

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D1695/11/321

Procedure

Remitt Mr Alexander Hegins

The Lords of his Majesties privy Councill haveing Considered a petition given in to them be master Alexander Hegins advocat with two Severall answers given in therto for the petitioners Crediters with another petition be the said Mr Alexander Hegins against the Creditors answers They hereby Remitt the petitioner to make his applicatione to the Lords of Session And Recomends to their Lordships to doe therin according to Law.

Edinburgh the Twentie Eight day of November Jaj vic Nyntie five

D1695/11/321

Procedure

Remitt Mr Alexander Hegins

The Lords of his Majesties privy Councill haveing Considered a petition given in to them be master Alexander Hegins advocat with two Severall answers given in therto for the petitioners Crediters with another petition be the said Mr Alexander Hegins against the Creditors answers They hereby Remitt the petitioner to make his applicatione to the Lords of Session And Recomends to their Lordships to doe therin according to Law.

1. NRS, PC2/26, 41v-42r.

1. NRS, PC2/26, 41v-42r.

Act, 28 November 1695, Edinburgh

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D1695/11/311

Act

Act appoynting Lapners agent to pay ten dollars to Patrick Feas wife

The Lords of his majesties privy Councill Doe hereby ordaine the person Imployed as agent for Robert Elphingstoune of Lapnes to Content and pay to […] spouse to Patrick Fea of Whithall the soume of Ten dollars for defraying her expences in attending at this place upon the proces raised before the saids Lords at her husbands instance against the said Robert Elphingstoune and that betwixt and Tuesday nixt with Certification if the Agent doe not pay the said ten dollars as above appointed they will advyse the said proces upon Tuseday nixt But if the same be timeously payed, The saids Lords Declaires they will Delay the Adviseing of the said proces for a Competent time untill Lapnes returne to this place Reserving to Lapnes to Crave releiff of the said ten dollars from the said Patrick Fea at the Adviseing of this proces.

Edinburgh the Twentie Eight day of November Jaj vic Nyntie five

D1695/11/311

Act

Act appoynting Lapners agent to pay ten dollars to Patrick Feas wife

The Lords of his majesties privy Councill Doe hereby ordaine the person Imployed as agent for Robert Elphingstoune of Lapnes to Content and pay to […] spouse to Patrick Fea of Whithall the soume of Ten dollars for defraying her expences in attending at this place upon the proces raised before the saids Lords at her husbands instance against the said Robert Elphingstoune and that betwixt and Tuesday nixt with Certification if the Agent doe not pay the said ten dollars as above appointed they will advyse the said proces upon Tuseday nixt But if the same be timeously payed, The saids Lords Declaires they will Delay the Adviseing of the said proces for a Competent time untill Lapnes returne to this place Reserving to Lapnes to Crave releiff of the said ten dollars from the said Patrick Fea at the Adviseing of this proces.

1. NRS, PC2/26, 41v-42r.

1. NRS, PC2/26, 41v-42r.

Warrant, 28 November 1695, Edinburgh

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D1695/11/301

Warrant

Warrand to receive Dalfolly as one of the Cautioners for the Duke of Gordon

The Lords of his Majesties privy Councill Doe hereby Authorize their Clerks to receive Adam Gordon of Dalfolly as Cautioner Joyntly with the Earle of Forfar in place of the viscou[n]t of Kenmuir for the Duke of Gordon in the bond appoynted to be given in be the said Duke for his peacable behavior and reentering the Castle of Edinburgh against the first day of January Jaj vic nyntie six years.

Edinburgh the Twentie Eight day of November Jaj vic Nyntie five

D1695/11/301

Warrant

Warrand to receive Dalfolly as one of the Cautioners for the Duke of Gordon

The Lords of his Majesties privy Councill Doe hereby Authorize their Clerks to receive Adam Gordon of Dalfolly as Cautioner Joyntly with the Earle of Forfar in place of the viscou[n]t of Kenmuir for the Duke of Gordon in the bond appoynted to be given in be the said Duke for his peacable behavior and reentering the Castle of Edinburgh against the first day of January Jaj vic nyntie six years.

1. NRS, PC2/26, 41v.

1. NRS, PC2/26, 41v.

Sederunt, 28 November 1695, Edinburgh

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Edinburgh the Twentie Eight day of November Jaj vic Nyntie five1

D1695/11/292

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Forfar; Viscount Tarbat; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Fountonhall; Lord Enstruther; Laird of Blackbarony

Edinburgh the Twentie Eight day of November Jaj vic Nyntie five1

D1695/11/292

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Forfar; Viscount Tarbat; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Fountonhall; Lord Enstruther; Laird of Blackbarony

1. NRS, PC2/26, 41v.

2. NRS, PC2/26, 41v.

1. NRS, PC2/26, 41v.

2. NRS, PC2/26, 41v.

Warrant, 28 November 1695, Edinburgh

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

A1695/11/341

Warrant

Warrand for delyvering Scarlott to Robert Plumer

The Lords of his Majesties privy Councill doe hereby give ordor and warrand To the magistrats of Edinburgh and keeper of their Tolbooth to delyver John Hamilton alias Scarlet to Robert Plumber sone to Andrew Plumber of Midlestead in the Lord Lorns Regiment of foot in his Majesties service in Flanders to be carried aboard by the said Robert to serve as a souldier in the foresaid Regiment so soon as the recruits shall be shipped.

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

A1695/11/341

Warrant

Warrand for delyvering Scarlott to Robert Plumer

The Lords of his Majesties privy Councill doe hereby give ordor and warrand To the magistrats of Edinburgh and keeper of their Tolbooth to delyver John Hamilton alias Scarlet to Robert Plumber sone to Andrew Plumber of Midlestead in the Lord Lorns Regiment of foot in his Majesties service in Flanders to be carried aboard by the said Robert to serve as a souldier in the foresaid Regiment so soon as the recruits shall be shipped.

1. NRS, PC1/50, 278.

1. NRS, PC1/50, 278.

Act, 28 November 1695, Edinburgh

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

A1695/11/331

Act

Act takeing of the Viscount Stormonth’s confynement

Anent the petitione given in to the Lords of his majesties privy Councill by David Viscount of Stormont Shewing that where the petitioner being formerly under baille To appear before the said Lords when called for and in May Jaj vjc nynty and three years He did appear and was confyned and hes so continowed ever since to the great prejudice ruine and Loss of his private affaires and particular interests within this Kingdome where his fortune Lyes and his necessar affairs call’s him which by reasone of his Confynment he cannot attend and the said petitioner Haveing alwayes Lived quietly and peaceablie and is content upon the takeing of his confynement so that He may with freedome attend his necessar business To find sufficient Cautione not only to Live peaceablie in tyme comeing but also to appear before the said Lords when called for And therfore Humblie Craveing in maner and to the effect aftermentioned as the said petitione at lenth bears. The Lords of his majesties privy Councill haveing considered the said petitione given in to them by the said Viscount of Stormont They Hereby allow the said petitioner To repaire to the City of Edinburgh or anywhere else within this Kingdome for attending his necessary affaires untill the first day of march next inclusive. And takes of his confynement untill that tyme In respect He hes given bond and found sufficient Cautione acted in the books of privy Councill That He shall in the meantyme live peaceablie under and with all submissione to the present Government of his majestie King William and that He shall not act consult or contryve any thing in prejudice Hereof nor shall not converse nor correspond with any Rebells and that he shall apear before the said Lords of privy Councill when called for betwixt and the said day and that at the said first day of March next He shall repair to his house at Skoone and shall remaine confyned thereat and two myles about the same on that syde of the water of Tay and not goe without the bounds of his confynement and that He shall live peaceably in the tearmes foresaid and shall appear before the said Lords of privy Councill when called for or requyred under the penalty of one thousand fyve Hundred pound sterline in case He shall transgress in any part of the premisses

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

A1695/11/331

Act

Act takeing of the Viscount Stormonth’s confynement

Anent the petitione given in to the Lords of his majesties privy Councill by David Viscount of Stormont Shewing that where the petitioner being formerly under baille To appear before the said Lords when called for and in May Jaj vjc nynty and three years He did appear and was confyned and hes so continowed ever since to the great prejudice ruine and Loss of his private affaires and particular interests within this Kingdome where his fortune Lyes and his necessar affairs call’s him which by reasone of his Confynment he cannot attend and the said petitioner Haveing alwayes Lived quietly and peaceablie and is content upon the takeing of his confynement so that He may with freedome attend his necessar business To find sufficient Cautione not only to Live peaceablie in tyme comeing but also to appear before the said Lords when called for And therfore Humblie Craveing in maner and to the effect aftermentioned as the said petitione at lenth bears. The Lords of his majesties privy Councill haveing considered the said petitione given in to them by the said Viscount of Stormont They Hereby allow the said petitioner To repaire to the City of Edinburgh or anywhere else within this Kingdome for attending his necessary affaires untill the first day of march next inclusive. And takes of his confynement untill that tyme In respect He hes given bond and found sufficient Cautione acted in the books of privy Councill That He shall in the meantyme live peaceablie under and with all submissione to the present Government of his majestie King William and that He shall not act consult or contryve any thing in prejudice Hereof nor shall not converse nor correspond with any Rebells and that he shall apear before the said Lords of privy Councill when called for betwixt and the said day and that at the said first day of March next He shall repair to his house at Skoone and shall remaine confyned thereat and two myles about the same on that syde of the water of Tay and not goe without the bounds of his confynement and that He shall live peaceably in the tearmes foresaid and shall appear before the said Lords of privy Councill when called for or requyred under the penalty of one thousand fyve Hundred pound sterline in case He shall transgress in any part of the premisses

1. NRS, PC1/50, 277-8.

1. NRS, PC1/50, 277-8.

Act, 28 November 1695, Edinburgh

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

A1695/11/321

Act

Act against Exportatione of money furth of the Kingdome

The Estates of parliament Considering how much the Kingdome is impoverished by the daylie exportatione of money furth of the same; And that the makeing use of our native Commodities for furnishing us with these things which formerly were brought to us from forraigne places, is, by the Commendable industrie of several deserveing Countreymen and ingenious artists much improved and that in ordor to their incouragement and that our native Commodities may goe the better off Necessar it is that some more severe restraint then formerly be laid upon the exportatione of money Therfore the Kings majestie with advyse and consent of his Estates of parliament statutes and ordains That noe persone or persons whatsomever, shall trade or use merchandize with any other natione Till first they take ane oath before the Lord Thesaurer or Thesaurer Deput, or before such persones as they shall appoynt for that effect That they shall not export by themselves or others directly or indirectly2 by sea or Land any gold or silver coyned or uncoyned except such a sum as they shall declare upon oath before the said Lord Thesaurer Thesaurer deput or these appoynted by them as said is to be necessary for making of their voyage to the port where they are goeing And that if he Know any money transported by any other persone He shall declare the same to the Lord Thesaurer principall or deput or to the foresaid persons appoynted by them as lykewayes every skipper shall before he make any voyage after the3 publicatione Hereof to any other Kingdome or natione take ane oath before the said Lord Thesaurer or Thesaurer deput or these appoynted by them for that effect That He shall not himself transport nor suffer any gold or silver coyned or uncoyned (except as is above excepted and except the sum of threescoir pounds at most which every passanger is hereby allowed to Carrie furth of the Countrey for his necessary spending) to be transported in the ship wherein he is master and that he shall use his outmost endeavour for discoverie of the same if any be and that if after he hath made saill it shall come to his knowledge That there is any money concealled in his Ship or in any other Ship He shall at his returne delate the same to the Lord Thesaurer principall or deput or those appoynted by them for that effect And which persons appoynted by them are Hereby requyred To give tymeous nottice thereof to the said Lord Thesaurer or Thesaurer deput under the penalty of the Half of the money informed to have been transported and sicklyke the said oathes shall be renewed and taken before the said Lord Thesaurer or deput or these appoynted by them as said is by all skippers and merchants at the makeing of every particular voyage and both the said oathes shall be subscryved by the respective parties and insert in the books of Exchaquer or in the books of these persones appoynted by the Lord Thesaurer deput for that effect For which extracts they shall pay to the keepers of these Registers tuelve shilling scots allenarly The one therof to be carried to the Customer and insert in their books gratis The other to the Keeper of the Cocquet and insert in his books gratis And it’s furder status and ordained that in case any merchant or Skipper shall after the publicatione Hereof, Trade with or many any voyage to any other Kingdome or natione, before the takeing of the said oaths and productione therof to the Customer of the Cocquet That they shall forfeitt the fyfth part of their moveables and be incapable, the merchant of all tradeing and the Shipper of haveing any charge of any ship within this Kingdome in all tyme comeing Provyded alwayes that the takeing of the oaths abovementioned shall be without prejudice of search for or seizure of any exported money and if any gold or silver coyned or uncoyned shall after publicatione Hereof be discovered carrying out of the Kingdome by any persone who hath taken the said oath, The same not only to be confiscat but the persone or persons owners thereof to be proceeded against as perjured persones and furder lyable to sex moneths imprisonment as also it is hereby declared That notwithstanding the said oaths, if it shall be at any tyme therafter be Legallie proven money hath been carried out of the Kingdome by the persons takers of the said oath The said persons shall be proceeded against as perjured persones and by and attour be fyned in the value of the money exported And whatsoever money shall be discovered and seized upon the one half thereof to be for his majesties use and the other half to the informer And the Lord Thesaurer and Thesaurer deput are hereby requyred to appoynt sufficient honest men to be found at the respective ports of this Kingdome or Royall Brughs next adjacent therto for takeing of the said oaths and that they take bond and sufficient Cautione for each of the persons so appoynted under the pain of sex thousand pounds scots That the shall not suffer any merchant or skipper to use trade or merchandize with any forraigne Kingdome or natione before they have taken the said oaths and shall doe their outmost endeavour for discoverie and seizure of all money carried out of the Kingdome They shall give speedie and tymeous nottice of ther informatione to the said Lord Thesaurer or Thesaurer deput The one Half of the said sum of sex thousand pound in case of failzie to be for his majesties use and the other half to be given to The delator, and to be further lyable to sex moneths imprisonment for breach of their trust And sicklyke the Lord Thesaurer principall and Thesaurer deput are Hereby requyred to Cause4 the Fermerers and Collectors of the Custome and keepers of the Cocquet to take ane oath That the said Fermerers and Collectors of the Custome shall use their outmost endeavours for the discoverie and seazure of all money comeing out of the Kingdome by sea or Land, either by merchant Skipper or by any other persone of whatsomever quality or degree except as is above excepted And that they shall not give warrand to any Skipper to receive a Cocquet unless they have received both from the Skipper and merchants in the ship Extracts of the respective oaths as said is and that the keepers of the Cocquets shall give noe Cocquet unless they have lykewayes received extracts of the oathes abovementioned, both from skipper and merchants and both Customers and keeper of the Cocquet to give bond with sufficient Cautione under such sums of money as the said Lord Thesaurer principall and Thesaurer Deput shall think fitt for fulfilling of the premisses And in case the said Fermerers Collectors and keepers of the Cocquet or other of them shall refuse to compear or compearing refuse or delay to take the oath and give their bond as aforesaid Then their tack Commissione, gift or any other Title by which they enjoy their said places to be void and null and they to Have incurred the sums and penalties contained in their respective bonds (The one Half thereof to be given to the informer or Delator) and to be further proceeded against as perjured persons Dischargeing Hereby all granting of Licences for exporting of money; excepting to such persons allenarly as shall make faith in Exchequer or these appoynted by the Lord Thesaurer or Thesaurer deput and give sufficient bond That the money which they are to carrie out, is to be bestowed on timber in Norway or in ordor for bringing in victuall in tyme of extream dearth and that they shall returne in specie what part of the money shall not be so bestowed.

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

A1695/11/321

Act

Act against Exportatione of money furth of the Kingdome

The Estates of parliament Considering how much the Kingdome is impoverished by the daylie exportatione of money furth of the same; And that the makeing use of our native Commodities for furnishing us with these things which formerly were brought to us from forraigne places, is, by the Commendable industrie of several deserveing Countreymen and ingenious artists much improved and that in ordor to their incouragement and that our native Commodities may goe the better off Necessar it is that some more severe restraint then formerly be laid upon the exportatione of money Therfore the Kings majestie with advyse and consent of his Estates of parliament statutes and ordains That noe persone or persons whatsomever, shall trade or use merchandize with any other natione Till first they take ane oath before the Lord Thesaurer or Thesaurer Deput, or before such persones as they shall appoynt for that effect That they shall not export by themselves or others directly or indirectly2 by sea or Land any gold or silver coyned or uncoyned except such a sum as they shall declare upon oath before the said Lord Thesaurer Thesaurer deput or these appoynted by them as said is to be necessary for making of their voyage to the port where they are goeing And that if he Know any money transported by any other persone He shall declare the same to the Lord Thesaurer principall or deput or to the foresaid persons appoynted by them as lykewayes every skipper shall before he make any voyage after the3 publicatione Hereof to any other Kingdome or natione take ane oath before the said Lord Thesaurer or Thesaurer deput or these appoynted by them for that effect That He shall not himself transport nor suffer any gold or silver coyned or uncoyned (except as is above excepted and except the sum of threescoir pounds at most which every passanger is hereby allowed to Carrie furth of the Countrey for his necessary spending) to be transported in the ship wherein he is master and that he shall use his outmost endeavour for discoverie of the same if any be and that if after he hath made saill it shall come to his knowledge That there is any money concealled in his Ship or in any other Ship He shall at his returne delate the same to the Lord Thesaurer principall or deput or those appoynted by them for that effect And which persons appoynted by them are Hereby requyred To give tymeous nottice thereof to the said Lord Thesaurer or Thesaurer deput under the penalty of the Half of the money informed to have been transported and sicklyke the said oathes shall be renewed and taken before the said Lord Thesaurer or deput or these appoynted by them as said is by all skippers and merchants at the makeing of every particular voyage and both the said oathes shall be subscryved by the respective parties and insert in the books of Exchaquer or in the books of these persones appoynted by the Lord Thesaurer deput for that effect For which extracts they shall pay to the keepers of these Registers tuelve shilling scots allenarly The one therof to be carried to the Customer and insert in their books gratis The other to the Keeper of the Cocquet and insert in his books gratis And it’s furder status and ordained that in case any merchant or Skipper shall after the publicatione Hereof, Trade with or many any voyage to any other Kingdome or natione, before the takeing of the said oaths and productione therof to the Customer of the Cocquet That they shall forfeitt the fyfth part of their moveables and be incapable, the merchant of all tradeing and the Shipper of haveing any charge of any ship within this Kingdome in all tyme comeing Provyded alwayes that the takeing of the oaths abovementioned shall be without prejudice of search for or seizure of any exported money and if any gold or silver coyned or uncoyned shall after publicatione Hereof be discovered carrying out of the Kingdome by any persone who hath taken the said oath, The same not only to be confiscat but the persone or persons owners thereof to be proceeded against as perjured persones and furder lyable to sex moneths imprisonment as also it is hereby declared That notwithstanding the said oaths, if it shall be at any tyme therafter be Legallie proven money hath been carried out of the Kingdome by the persons takers of the said oath The said persons shall be proceeded against as perjured persones and by and attour be fyned in the value of the money exported And whatsoever money shall be discovered and seized upon the one half thereof to be for his majesties use and the other half to the informer And the Lord Thesaurer and Thesaurer deput are hereby requyred to appoynt sufficient honest men to be found at the respective ports of this Kingdome or Royall Brughs next adjacent therto for takeing of the said oaths and that they take bond and sufficient Cautione for each of the persons so appoynted under the pain of sex thousand pounds scots That the shall not suffer any merchant or skipper to use trade or merchandize with any forraigne Kingdome or natione before they have taken the said oaths and shall doe their outmost endeavour for discoverie and seizure of all money carried out of the Kingdome They shall give speedie and tymeous nottice of ther informatione to the said Lord Thesaurer or Thesaurer deput The one Half of the said sum of sex thousand pound in case of failzie to be for his majesties use and the other half to be given to The delator, and to be further lyable to sex moneths imprisonment for breach of their trust And sicklyke the Lord Thesaurer principall and Thesaurer deput are Hereby requyred to Cause4 the Fermerers and Collectors of the Custome and keepers of the Cocquet to take ane oath That the said Fermerers and Collectors of the Custome shall use their outmost endeavours for the discoverie and seazure of all money comeing out of the Kingdome by sea or Land, either by merchant Skipper or by any other persone of whatsomever quality or degree except as is above excepted And that they shall not give warrand to any Skipper to receive a Cocquet unless they have received both from the Skipper and merchants in the ship Extracts of the respective oaths as said is and that the keepers of the Cocquets shall give noe Cocquet unless they have lykewayes received extracts of the oathes abovementioned, both from skipper and merchants and both Customers and keeper of the Cocquet to give bond with sufficient Cautione under such sums of money as the said Lord Thesaurer principall and Thesaurer Deput shall think fitt for fulfilling of the premisses And in case the said Fermerers Collectors and keepers of the Cocquet or other of them shall refuse to compear or compearing refuse or delay to take the oath and give their bond as aforesaid Then their tack Commissione, gift or any other Title by which they enjoy their said places to be void and null and they to Have incurred the sums and penalties contained in their respective bonds (The one Half thereof to be given to the informer or Delator) and to be further proceeded against as perjured persons Dischargeing Hereby all granting of Licences for exporting of money; excepting to such persons allenarly as shall make faith in Exchequer or these appoynted by the Lord Thesaurer or Thesaurer deput and give sufficient bond That the money which they are to carrie out, is to be bestowed on timber in Norway or in ordor for bringing in victuall in tyme of extream dearth and that they shall returne in specie what part of the money shall not be so bestowed.

1. NRS, PC1/50, 274-7.

2. The phrase ‘or indirectly’ is an insertion.

3. Insertion.

4. The word ‘that’ inserted and scored out here.

1. NRS, PC1/50, 274-7.

2. The phrase ‘or indirectly’ is an insertion.

3. Insertion.

4. The word ‘that’ inserted and scored out here.