Tag Archives: 3 March 1698

Act, 3 March 1698, Edinburgh

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Att Edinburgh the third day of March Jaj vic nyntie eight yeirs

D1698/3/101

Act

Act Christean and Jacobina Foirbesses

Anent the petitione given in to The Lords of his majesties privie Counsell be Christean and Jacobina Forbesses Laufull daughters to the deceast Mr Patrick Forbes Late Bishup of Caithnes Shewing That ther Lordships petitioners are in verie hard circumstances The one by the death of her husband Leivtennent Collonell Moodie in his majesties Service at the battell of Landen, The other by Long expensive and forced actiones at Law in defending and vindicating Just and wndoubted rights against powerfull adversaries And both by other callamitous accidents that have befallen ther families And now The Kirks of Keith and Grainge wnder the patronadge of Sir John Forbess of Craigevar haveing bein vaccand for the yeirs Jaj vic nyntie Six and Jaj vic and nyntie seven The said Sir John Forbes would willingly apply the vaccand Stipends of them for their behoove if ther Lordships would please to interpose ther authoritie And that for both these yeirs Jaj vic nyntie six and Jaj vic nyntie Seven with the burden allwayes of the twentie merks dwe to Swch ministers as have preached at the saids Kirks within the saids yeirs And therfore humbly craveing ther Lordships to take ther present hard circumstances to ther piows consideratione And to grant to the petitioners the vaccand Stipends of the saids kirks of Keith and Grainge for the saids two yeirs Jaj vic nyntie six and Jaj vic and nyntie Seven with the burden of the twentie merks foirsaids they allwayes obtaining the consent of the said Sir John Forbess and to warrand the said Christean Forbes to uplift the Same from the heretors and others Lyable in payment therof for her own and her sisters behoove And for that effect to grant Letters of Horning As the said petitione bears Which being this day read and considered be the Saids Lords of his majesties privie Counsell They doe heirby grant to the petitioners the vaccand Stipends of the above kirks of Keith and Grainge for the above yeirs Jaj vic nyntie Six and Jaj vic and nyntie Seven with the burden of the twentie merks allowed by act of parliament to the ministers preaching at the saids kirks And decernes and ordaines the heretors fewars Liferenters wodsetters titullars tacksmen of teinds tennents possessors and others lyable in payment of the saids Stipends to make payment to the said Christean Forbess for her own and her sisters behoove of the saids two yeirs vaccand Stipends with the burden of the twentie merks as said is In respect the saids petitioners have prodwced a consent of the said Sir John Forbes of Craigiebar as patrone for gifting of the saids stipends to the petitioners And ordaines Letters of horneing to be direct hereon at the instance off the said Christean Forbess against the heretors fewars wodsetters titullars tacksmen and others foirsaids lyable in payment of the saids Stipends upon productione of a decreit of Localitie and in caice ther be non Ordaines the heretors and others foirsaids to make payment of ther respective proportiones of the Same according as they shall be decerned by the Judge ordinar

Att Edinburgh the third day of March Jaj vic nyntie eight yeirs

D1698/3/101

Act

Act Christean and Jacobina Foirbesses

Anent the petitione given in to The Lords of his majesties privie Counsell be Christean and Jacobina Forbesses Laufull daughters to the deceast Mr Patrick Forbes Late Bishup of Caithnes Shewing That ther Lordships petitioners are in verie hard circumstances The one by the death of her husband Leivtennent Collonell Moodie in his majesties Service at the battell of Landen, The other by Long expensive and forced actiones at Law in defending and vindicating Just and wndoubted rights against powerfull adversaries And both by other callamitous accidents that have befallen ther families And now The Kirks of Keith and Grainge wnder the patronadge of Sir John Forbess of Craigevar haveing bein vaccand for the yeirs Jaj vic nyntie Six and Jaj vic and nyntie seven The said Sir John Forbes would willingly apply the vaccand Stipends of them for their behoove if ther Lordships would please to interpose ther authoritie And that for both these yeirs Jaj vic nyntie six and Jaj vic nyntie Seven with the burden allwayes of the twentie merks dwe to Swch ministers as have preached at the saids Kirks within the saids yeirs And therfore humbly craveing ther Lordships to take ther present hard circumstances to ther piows consideratione And to grant to the petitioners the vaccand Stipends of the saids kirks of Keith and Grainge for the saids two yeirs Jaj vic nyntie six and Jaj vic and nyntie Seven with the burden of the twentie merks foirsaids they allwayes obtaining the consent of the said Sir John Forbess and to warrand the said Christean Forbes to uplift the Same from the heretors and others Lyable in payment therof for her own and her sisters behoove And for that effect to grant Letters of Horning As the said petitione bears Which being this day read and considered be the Saids Lords of his majesties privie Counsell They doe heirby grant to the petitioners the vaccand Stipends of the above kirks of Keith and Grainge for the above yeirs Jaj vic nyntie Six and Jaj vic and nyntie Seven with the burden of the twentie merks allowed by act of parliament to the ministers preaching at the saids kirks And decernes and ordaines the heretors fewars Liferenters wodsetters titullars tacksmen of teinds tennents possessors and others lyable in payment of the saids Stipends to make payment to the said Christean Forbess for her own and her sisters behoove of the saids two yeirs vaccand Stipends with the burden of the twentie merks as said is In respect the saids petitioners have prodwced a consent of the said Sir John Forbes of Craigiebar as patrone for gifting of the saids stipends to the petitioners And ordaines Letters of horneing to be direct hereon at the instance off the said Christean Forbess against the heretors fewars wodsetters titullars tacksmen and others foirsaids lyable in payment of the saids Stipends upon productione of a decreit of Localitie and in caice ther be non Ordaines the heretors and others foirsaids to make payment of ther respective proportiones of the Same according as they shall be decerned by the Judge ordinar

1. NRS, PC2/27, 105r-105v.

1. NRS, PC2/27, 105r-105v.

Act, 3 March 1698, Edinburgh

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Att Edinburgh the third day of March Jaj vic nyntie eight yeirs

D1698/3/91

Act

Act The Lady Monkwood

Anent the petitione given in to The Lords of his majesties privie Counsell be Barbara Backley eldest Laufull doughter to the deceast Sir Robert Barclay of Pearstowne and now Spouse to Robert Mwir of Mwnkwood Shewing That wher the petitioner Some few yeirs agoe being wnfortunatly maried to the said Robert Moor who gott a Suitable portione with her (2yet she is now redacted to great straits and difficulties which doe not soe much proceed from any burden of debts that his estate Lyes wnder which at most is but eight Thowsand merks (And his fortwne upwards of fourtein hundereth merks per annwm) as from his evill manadgement extravagant and wnnecessarie Spending and his wnhwmane and wnnaturall cariadge to her All which are notourely knowen to the Jurisdictione of Carrick wher he Lives and evidently appears by the many decreits for bloods and battaries pronunced against him and the many weist maillings of his estate thowgh it be repute als good Land as is in that Cowntrie everie bodie Shwning to bargaine with him being anie wyld and wnreasonable man Soe that the petitioner is not only now Subjected to the freqwent rage and furie of his inconstant humoure But with her whole family to pinching straits for want of bread though She be a persone of good parrentage as is well knowen to Some of ther Lordships number And therfore Humbly craveing to the effect eftermentioned As the said petitione bears which being this day red and considered be the saids Lords of his majesties privie Counsell They doe heirby allow the petitioner to possess the house yeards and precincts of Munkwood for ane yeir to Come from the day and date hereof And decernes and ordaines the tennents and possessors of the Lands of Mwnkwood to make payment and satisfactione to the petitioner of the Soume of Four hundereth merks Scotts money for aliment to herself and her familie for the Space ane yeir to rwn from the day and date heirof And ordaines Letters to be direct heiron against the tennents and Mwnkwood whose names and ther proportiones are to be insert in the saids Letters and others others in forme as effeirs

Att Edinburgh the third day of March Jaj vic nyntie eight yeirs

D1698/3/91

Act

Act The Lady Monkwood

Anent the petitione given in to The Lords of his majesties privie Counsell be Barbara Backley eldest Laufull doughter to the deceast Sir Robert Barclay of Pearstowne and now Spouse to Robert Mwir of Mwnkwood Shewing That wher the petitioner Some few yeirs agoe being wnfortunatly maried to the said Robert Moor who gott a Suitable portione with her (2yet she is now redacted to great straits and difficulties which doe not soe much proceed from any burden of debts that his estate Lyes wnder which at most is but eight Thowsand merks (And his fortwne upwards of fourtein hundereth merks per annwm) as from his evill manadgement extravagant and wnnecessarie Spending and his wnhwmane and wnnaturall cariadge to her All which are notourely knowen to the Jurisdictione of Carrick wher he Lives and evidently appears by the many decreits for bloods and battaries pronunced against him and the many weist maillings of his estate thowgh it be repute als good Land as is in that Cowntrie everie bodie Shwning to bargaine with him being anie wyld and wnreasonable man Soe that the petitioner is not only now Subjected to the freqwent rage and furie of his inconstant humoure But with her whole family to pinching straits for want of bread though She be a persone of good parrentage as is well knowen to Some of ther Lordships number And therfore Humbly craveing to the effect eftermentioned As the said petitione bears which being this day red and considered be the saids Lords of his majesties privie Counsell They doe heirby allow the petitioner to possess the house yeards and precincts of Munkwood for ane yeir to Come from the day and date hereof And decernes and ordaines the tennents and possessors of the Lands of Mwnkwood to make payment and satisfactione to the petitioner of the Soume of Four hundereth merks Scotts money for aliment to herself and her familie for the Space ane yeir to rwn from the day and date heirof And ordaines Letters to be direct heiron against the tennents and Mwnkwood whose names and ther proportiones are to be insert in the saids Letters and others others in forme as effeirs

1. NRS, PC2/27, 104r-105r.

2. Closing bracket missing.

1. NRS, PC2/27, 104r-105r.

2. Closing bracket missing.

Act, 3 March 1698, Edinburgh

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Att Edinburgh the third day of March Jaj vic nyntie eight yeirs

D1698/3/81

Act

Act The Lairds of Phinhaven and Bethaiock

Anent the petitiones given in to The Lords of his majesties privie Counsell The one therof be Mr James Carnegie of Phinhaven Shewing that the petitioner being by their Lordships order Comitted prisoner to the tollbwth of Edinburgh and haveing remained ther for about the Space of Six weeks Ther Lordships were graceousely pleased to ordaine the petitioner to be sett at Libertie upon his finding sufficient Cautione to appeare befor their Lordships when called and accordingly he was sett at Libertie upon cawtione But within few dayes efter he was Liberat out of prisone ther is a new complaint raised at the instance of The Laird of Kinfauns and his curators against the petitioners and his Lady and his Lady2 the the petitioners doughter for declaireing ther mariadge void and null and the Same being called ther Lordships were pleased to ordaine the petitioner within eight dayes therefter to produce The Lady Kinnfauns at the barr under the penaltie of Ten Thowsand merks or otherwayes to goe back to prisone and the petitioner not haveing a cawtion or readie for soe great a soume did frielie submitt and comply with the other alternative of ther Lordships interloqwitor by reentering into prisone the very same might Notwithstanding wherof and that the weather was very tempestwows and Stormie at the tyme The Lady Kinfauns did appear befor ther Lordships at the barr And ther being a full heareing before their Lordships upon the said complaint they were pleased to declyne to Judge in the petitioners doughters mariadge with Kinfauns and did remit the other points of the Lybell against the petitioner to probatione And accordingly ther haveing bein severall wittnesses examined therupon The petitioner is very hopefull that the great clamoure made against him in the saids complaints at the adviseing of the depositiones will not be found proven And Seing the petitioner hath bein soe Long detained prisoner to the great prejudice both of his health and privat affairs And that ther Lordships (as he is informed) are resolved to adjurne for some considerable tyme And as he never intended to give the Least offence So he is heartiely Sorrie that he Should have done any thing that might have given ther Lordships the Least displeasure And he humbly craves pardone for the Same And therfore humblie craveing ther Lordships to take the premisses to ther Sereows consideratione and to ordaine the petitioner to be Sett at Libertie upon his inacting himself to appear before ther Lordships when called for or finding Cautione for that effect As the said petitione bears Ane other of the saids petitiones at the instance of Thomas Blair of Ballthaoick for himself and in name and behalf of the other freinds of Kinfauns on the father and motehr Syde Shewing That wher the petitioners raised a perswite befor ther Lordships against Phinhaven for one of the most attrocious attempts that ever was brought befor ther Lordships in a mater of that kind with all the aggravatting circumstances of breach of trust wnfaithfullnes to a nephew and boy of fourtein yeirs of age contempt of the Lawes of nature nationes and of the authoritie of the cowrt wher the Samen was committed Supported by a cheatting of the Law and manifest evasione in a Judiciall oath which deserves a very hard name that ther Lordships would pwnish the abwses pwtt by him upon Kinfauns (to whom he had being tutor) in the choise of his curators by a pretended electione which pairtly by force and pairtly by fraud he caused Kinfauns to make befor The Shirreff deput of Forfar In which perswite the petitioners haveing prevailled and ther Lordships haveing Found not only ther electione null and void But Phinhaven gwiltie of the foirsaids manifold abuses in all reasone the petitioners ought to be refounded of ther expensses as acting dwetifullie for ther wndefeinded kinsman in hazard to be imposed upon and betrayed as said is Lykeas the said perswite befor ther Lordships by reasone of the great oppositione made by Phinhaven and the attendance to which they were obleidged hath bein verie expenssive And therfore humbly craveing ther Lordships to tax ther said expenss and decerne for the same As the said petitione at more Lenth bears And the third of the saids petitiones given in by the wittnesses adduced in the process persewed befor the Councell at the instance of the Laird of Kinfauns Bellthayock and others against the Laird of Phinhaven Anent the Curatrie viz James Blair of Ardblair Patrick Lyon of Ballgilly Gilbert Ramsay baillie of Forfar John Fallconer of Ballmashanock James Blair of Glaschloon Alexander Blair of Inshyre Mr John Lyon Shirreff clerk of Forfar William Dickiesone Towne Clerk William Wee wryter of Forfar Alexander Jaffery towne Thesaurer James Dall writer the George Cuthbert wryter ther Alexander Cook wryter ther Shewing That wher they are cited and called as wittnesses befor ther Lordships in the foirsaid actione and obleidged to come to Edinburgh and attend the Same Since the twentie nynth of october to the Sixtein of November Last inclwsive Dureing which tyme they for themselvs horses and servants have bein at very considerable expensses which Conforme to ther Lordships dayly practise and custome they owght to be payed and Satisfied by aither of the saids pairties And they haveing formerly applyed to ther Lordships They ordained Mr James Carnegie of Phinhaven to make payment to Alexander Aliesone for our accompt of Sixtein Shilling per diem from the said nyntyne of october to the said sixtein of November therefter inclusive and granted warrand for Letters of horning against him for payment therof on twentie four houres As to which interloquitor with all deference they represent to ther Lordships that any man Led as a witnes declaireing he had a horse is allowed sixtein Shilling per diem But the petitioners humblie Conceave that considering they are Gentlemen and had not only horses to themselvs But alsoe to ther Servants and being tyed to closs attendance dureing the foirsaid Space they for themselvs horses and servants were at very great chairges and expensses farr above what was formerly by ther Lordships allowed and over and above they are obleidged to be at the chairges of this and a former applicatione and also must extract the act and wse horneing which will near take the third of ther Lordships former allowance And therfore humbly craveing ther Lordships would consider the premisses and decerne and ordaine the said Mr James Carnegie to make payment to them of the Soume of thrie punds per fiem for each of the foirsaids dayes togither with what chairges and expensses they may be at in obtaining payment therof And that in regaird of the great expensses and trouble they have bein putt to in the said affaire And that it is most ordinary for people of ther qwalitie and Statione to have the foirsaid allowance haveing not only ther own but ther Servants to mentaine As also the said Patrick Lyon of Ballgilly over and above the foirsaids dayes is now againe called over as a witnes to the mariage and that notwithstanding he was at Edinburgh the tyme therof and therby hes bein obleidged to attend theron Since the twelve of Febrwary instant and will be the twentie Sixth ditto befor he can returne to his own house so that above the foirsaid allowance for the first process which was anent the curatrie he humbly craves ther Lordships may also modifie to him what expensses they Judge necessar for the foirsaid Space anent the mariage and to decerne Summar payment therof As the said petitione at more lenth beares The Lords of his majesties privie Counsell haveing this day Considered the saids haill thrie petitioners above uritten They by ther Sentance decerned and ordained the said Mr James Carnegie of Phinhaven to make payment and satisfactione to Thomas Blair of Bellthayock petitioner for himself and in name and behalf of the other freinds of the Laird of Kinfauns on the father and mothers Syde of the Soume of Ane hundereth and fifftie pwnds Sterleing of the expenss debursed be The Laird of Bellthayock and the freinds foirsaids upon both processes intended befor The Cowncell at the instance of The Laird of Kinfauns against The Laird of Phinhaven anent the curatrie and anent The mariage and ordaines the said Thomas Blair of Bellthayock to Satisfie the wittnesses expensses so far as is not all readie decerned against the said Laird of Phinhaven owt of the first end of the said Soume And ordaines Letters on six dayes wnder the Signet of Counsell and uthers to pass heiron in forme as effeirs And ordaines the said Laird of Phinhaven to continue prisoner untill he make payment of the Said Soume of Ane hundereth and fiftie pund Sterleing And upon payment of the Said Soume The Saids Lords of his majesties privie Counsell Doe heirby give order and warrand to the magistrats of Edinburgh and keeper of ther Tollbwith to Sett the Said Mr James Carnegie of Phinhaven at Libertie furth therof In respect he hes given bond and found Sufficient Cautione acted in the books of privie Counsell that he shall attend all the dyets of Counsell or Committie appointed or to be appointed in the said process when ever he shall be called or requyred therto And that wnder the penaltie of Two hundereth punds Sterleing in caice he Shall faill in any pairt of the premisses As also In respect the said Mr James Carnegie of Phinhaven in obedience and conforme to a delyverance of The Lords of privie Counsell upon a bill of Suspensione containing a charge to putt at Libertie presented by Phinhaven of the date the tenth of March instant hath consigned in the hands of Sir Gilbert Eliot advocat one of the Clerks of his Majesties privie Counsell the said Soume of Ane hundereth and fiftie pund Sterleing appointed to be payed by the above interloquitor

Att Edinburgh the third day of March Jaj vic nyntie eight yeirs

D1698/3/81

Act

Act The Lairds of Phinhaven and Bethaiock

Anent the petitiones given in to The Lords of his majesties privie Counsell The one therof be Mr James Carnegie of Phinhaven Shewing that the petitioner being by their Lordships order Comitted prisoner to the tollbwth of Edinburgh and haveing remained ther for about the Space of Six weeks Ther Lordships were graceousely pleased to ordaine the petitioner to be sett at Libertie upon his finding sufficient Cautione to appeare befor their Lordships when called and accordingly he was sett at Libertie upon cawtione But within few dayes efter he was Liberat out of prisone ther is a new complaint raised at the instance of The Laird of Kinfauns and his curators against the petitioners and his Lady and his Lady2 the the petitioners doughter for declaireing ther mariadge void and null and the Same being called ther Lordships were pleased to ordaine the petitioner within eight dayes therefter to produce The Lady Kinnfauns at the barr under the penaltie of Ten Thowsand merks or otherwayes to goe back to prisone and the petitioner not haveing a cawtion or readie for soe great a soume did frielie submitt and comply with the other alternative of ther Lordships interloqwitor by reentering into prisone the very same might Notwithstanding wherof and that the weather was very tempestwows and Stormie at the tyme The Lady Kinfauns did appear befor ther Lordships at the barr And ther being a full heareing before their Lordships upon the said complaint they were pleased to declyne to Judge in the petitioners doughters mariadge with Kinfauns and did remit the other points of the Lybell against the petitioner to probatione And accordingly ther haveing bein severall wittnesses examined therupon The petitioner is very hopefull that the great clamoure made against him in the saids complaints at the adviseing of the depositiones will not be found proven And Seing the petitioner hath bein soe Long detained prisoner to the great prejudice both of his health and privat affairs And that ther Lordships (as he is informed) are resolved to adjurne for some considerable tyme And as he never intended to give the Least offence So he is heartiely Sorrie that he Should have done any thing that might have given ther Lordships the Least displeasure And he humbly craves pardone for the Same And therfore humblie craveing ther Lordships to take the premisses to ther Sereows consideratione and to ordaine the petitioner to be Sett at Libertie upon his inacting himself to appear before ther Lordships when called for or finding Cautione for that effect As the said petitione bears Ane other of the saids petitiones at the instance of Thomas Blair of Ballthaoick for himself and in name and behalf of the other freinds of Kinfauns on the father and motehr Syde Shewing That wher the petitioners raised a perswite befor ther Lordships against Phinhaven for one of the most attrocious attempts that ever was brought befor ther Lordships in a mater of that kind with all the aggravatting circumstances of breach of trust wnfaithfullnes to a nephew and boy of fourtein yeirs of age contempt of the Lawes of nature nationes and of the authoritie of the cowrt wher the Samen was committed Supported by a cheatting of the Law and manifest evasione in a Judiciall oath which deserves a very hard name that ther Lordships would pwnish the abwses pwtt by him upon Kinfauns (to whom he had being tutor) in the choise of his curators by a pretended electione which pairtly by force and pairtly by fraud he caused Kinfauns to make befor The Shirreff deput of Forfar In which perswite the petitioners haveing prevailled and ther Lordships haveing Found not only ther electione null and void But Phinhaven gwiltie of the foirsaids manifold abuses in all reasone the petitioners ought to be refounded of ther expensses as acting dwetifullie for ther wndefeinded kinsman in hazard to be imposed upon and betrayed as said is Lykeas the said perswite befor ther Lordships by reasone of the great oppositione made by Phinhaven and the attendance to which they were obleidged hath bein verie expenssive And therfore humbly craveing ther Lordships to tax ther said expenss and decerne for the same As the said petitione at more Lenth bears And the third of the saids petitiones given in by the wittnesses adduced in the process persewed befor the Councell at the instance of the Laird of Kinfauns Bellthayock and others against the Laird of Phinhaven Anent the Curatrie viz James Blair of Ardblair Patrick Lyon of Ballgilly Gilbert Ramsay baillie of Forfar John Fallconer of Ballmashanock James Blair of Glaschloon Alexander Blair of Inshyre Mr John Lyon Shirreff clerk of Forfar William Dickiesone Towne Clerk William Wee wryter of Forfar Alexander Jaffery towne Thesaurer James Dall writer the George Cuthbert wryter ther Alexander Cook wryter ther Shewing That wher they are cited and called as wittnesses befor ther Lordships in the foirsaid actione and obleidged to come to Edinburgh and attend the Same Since the twentie nynth of october to the Sixtein of November Last inclwsive Dureing which tyme they for themselvs horses and servants have bein at very considerable expensses which Conforme to ther Lordships dayly practise and custome they owght to be payed and Satisfied by aither of the saids pairties And they haveing formerly applyed to ther Lordships They ordained Mr James Carnegie of Phinhaven to make payment to Alexander Aliesone for our accompt of Sixtein Shilling per diem from the said nyntyne of october to the said sixtein of November therefter inclusive and granted warrand for Letters of horning against him for payment therof on twentie four houres As to which interloquitor with all deference they represent to ther Lordships that any man Led as a witnes declaireing he had a horse is allowed sixtein Shilling per diem But the petitioners humblie Conceave that considering they are Gentlemen and had not only horses to themselvs But alsoe to ther Servants and being tyed to closs attendance dureing the foirsaid Space they for themselvs horses and servants were at very great chairges and expensses farr above what was formerly by ther Lordships allowed and over and above they are obleidged to be at the chairges of this and a former applicatione and also must extract the act and wse horneing which will near take the third of ther Lordships former allowance And therfore humbly craveing ther Lordships would consider the premisses and decerne and ordaine the said Mr James Carnegie to make payment to them of the Soume of thrie punds per fiem for each of the foirsaids dayes togither with what chairges and expensses they may be at in obtaining payment therof And that in regaird of the great expensses and trouble they have bein putt to in the said affaire And that it is most ordinary for people of ther qwalitie and Statione to have the foirsaid allowance haveing not only ther own but ther Servants to mentaine As also the said Patrick Lyon of Ballgilly over and above the foirsaids dayes is now againe called over as a witnes to the mariage and that notwithstanding he was at Edinburgh the tyme therof and therby hes bein obleidged to attend theron Since the twelve of Febrwary instant and will be the twentie Sixth ditto befor he can returne to his own house so that above the foirsaid allowance for the first process which was anent the curatrie he humbly craves ther Lordships may also modifie to him what expensses they Judge necessar for the foirsaid Space anent the mariage and to decerne Summar payment therof As the said petitione at more lenth beares The Lords of his majesties privie Counsell haveing this day Considered the saids haill thrie petitioners above uritten They by ther Sentance decerned and ordained the said Mr James Carnegie of Phinhaven to make payment and satisfactione to Thomas Blair of Bellthayock petitioner for himself and in name and behalf of the other freinds of the Laird of Kinfauns on the father and mothers Syde of the Soume of Ane hundereth and fifftie pwnds Sterleing of the expenss debursed be The Laird of Bellthayock and the freinds foirsaids upon both processes intended befor The Cowncell at the instance of The Laird of Kinfauns against The Laird of Phinhaven anent the curatrie and anent The mariage and ordaines the said Thomas Blair of Bellthayock to Satisfie the wittnesses expensses so far as is not all readie decerned against the said Laird of Phinhaven owt of the first end of the said Soume And ordaines Letters on six dayes wnder the Signet of Counsell and uthers to pass heiron in forme as effeirs And ordaines the said Laird of Phinhaven to continue prisoner untill he make payment of the Said Soume of Ane hundereth and fiftie pund Sterleing And upon payment of the Said Soume The Saids Lords of his majesties privie Counsell Doe heirby give order and warrand to the magistrats of Edinburgh and keeper of ther Tollbwith to Sett the Said Mr James Carnegie of Phinhaven at Libertie furth therof In respect he hes given bond and found Sufficient Cautione acted in the books of privie Counsell that he shall attend all the dyets of Counsell or Committie appointed or to be appointed in the said process when ever he shall be called or requyred therto And that wnder the penaltie of Two hundereth punds Sterleing in caice he Shall faill in any pairt of the premisses As also In respect the said Mr James Carnegie of Phinhaven in obedience and conforme to a delyverance of The Lords of privie Counsell upon a bill of Suspensione containing a charge to putt at Libertie presented by Phinhaven of the date the tenth of March instant hath consigned in the hands of Sir Gilbert Eliot advocat one of the Clerks of his Majesties privie Counsell the said Soume of Ane hundereth and fiftie pund Sterleing appointed to be payed by the above interloquitor

1. NRS, PC2/27, 101v-104r.

2. Sic.

1. NRS, PC2/27, 101v-104r.

2. Sic.

Act, 3 March 1698, Edinburgh

Posted on by

Att Edinburgh the third day of March Jaj vic nyntie eight yeirs

D1698/3/71

Act

Act Tulloch and Dempster Against Earle of Seaforth

Anent the petitione given in to the Lords of his majesties privie Counsell be John Baine younger of Twlloch Shewing That ther Lordships petitioner being about his Laufull affairs upon the Seventh of October Last in the towne of Chanry in Ross in the house of David Mckullock one of the baillies of the said towne Dreading no hurt Judgeing him Self Secure wnder the protectione of his majesties government and Lawes and behaveing himself as a dwetifull Subject Mr William Baillie Roderick Mckeinzie Simon Mckeinzie John Forsyth domestick servants to The Earle of Seaforth and Donald Moriesone Staibler in the said towne of Chanrie by the hunding out of the said Earle Leaveing ther accomplices without doors in manifest contempt of the government most barbarousely with staves and other offensive weapons entered the roume wher the petitioners was at Dinner and first haveing seased and broken his pistolls most crwellie bate wounded and abused him to the great effwsione of his blood and when the said baillie Mckullock commanded them in the Kings name to forbeare these horrid barbarities The said Roderick Mckeinzie replyed they valued not him nor his King for they Commanded ther And likewayes the said Mr William said they were now above these things And when ther Lordships petitioner was scarce able to stand upon his feet for the many greivows and severe Strocks he receaved from them as if he were ane malefactor they dragged him out of his chamber and caried him bare headed through the streets untill they brought him to the closs at the Earles house and haveing bolted the gaites that ther might be noe wittnesses to his wseage ther they Sent to The Earle to know what furder orders he wowld give anent the petitioner and the persone Sent haveing returned all of them a pairt Comowned with him and then brought the petitioner to The Earles yeard wher Likewise they baite and abused him and threatned to Kill him if he would not Sweare and give it under his hand never to represent or persew The Earle or any of them for what was at present Done at Invernes wher they deforced the Messinger which he refwiseing they robbed him of severall papers he had about him and then Lett him goe upon which most attrociows mater of fact ther Lordships petitioner being very confident ther Lordships would in vindicatione of the honor of the government fall upon effectwall meanes to Suppress Such manifest oppressiones raised a lybell against The Earle and his foirsaids Servants wherupon they were cited to the fourth of Janwary Last and non Compeareing certificatione was admitted against them which can be of noe import to the petitioner Seing no Legall Sentance can be execute at the petitioners instance against The Earle or his accomplices in that Countrie And that now The Earle is upon the place But will goe presently north Ther Lordships haveing taken off his confinement And Therfore humbly craveing ther Lordships to take the premisses to ther Sereows consideratione and ordaine The Earle befor he be allowed to goe hom first to find good Suretie to appeare in this the petitioners process to the end Secondly that he produce his foirsaids Servants for whom he is answerable by Law Especiallie Seing he intertained and harboured them in his house and Service for a considerable tyme efter Committing of the said Cryme Tertio that he pay to the petitioner what expensses he hes alreadie putt him to through his not compearance which the petitioner cannot but value to be upwards of six Hundereth pund Scotts by and attour the damnadge he Sustaines through his absence from his Laufull affairs and the expensses he is putt to by his attendance here Qwarto that in respect non of the witnesses for proveing the said mater of fact will compeare by reasone of The Earles awthoritie and Command in that Cowntrey to ordaine the Shirreff of that Shyre to take and Secure them till they give Sufficient Suretie each of them to compeare against Swch a day as ther Lordships Shall please to appoint to the defenders to ansuer to the lybell As the Said petitione bears Which petitione being this day read and considered be the saids Lords of his majesties privie Cownsell They Doe heirby decerne and ordaine The Said Earle of Seaforth to give bond and find Sufficient Cawtione acted in the books of privie Counsell That he shall appeare before the saids Lords upon the first twesday of Jullie next to come and answere to the Lybell depending befor The Councell at the instance of Sir John Dempster of Pitliver and The Laird of Tulloch against his Lordshipe And that he Shall attend the haill dyets of Counciell or ther Committie to be appointed in the Said mater And to obtemper and fullfill the Sentence of Councell to be given and pronunced in the said mater And furder That the said Earle of Seaforth Shall exhibit and produce in presence of the saids Lords of privie Counsell the persones of Mr William Baillie Roderick Mckeinzie Simeon Mckeinzie and John Forsyth domestick servants to his Lordshipe And the persone of Donald Moriesone Stabler in the towne of Chanry belonging to the said Earle And that in the termes of the two hundereth and twentie Seventh act fourtein parliament King James the sixth upon the said first twesday of Jwllie next to come wnder the penaltie of Five Hundereth punds Sterleing in caice he shall transgress in any pairt of the premisses and Give order and warrand to the Shirreff principall of the Shyre of Ross within which Shyre the wittnesses efternamed doe Live and reside to seaze upon and Secure the persones of David Mcculloch Baillie of Chanry Aneas Mclaud towne clerk of Edinburgh Donald Bame Brother to Ronald Bame of Knockbame Peter Lamb in Chanry Donald Davidsone glover ther Kenneth Mckeinzie cordiner ther John Fraser Robert Ross yownger of Merkmish Alexander Mckeinzie younger of Sands John Cuthbert of Draikies Late proveist of Innvernes Kenneth Mckeinzie of Swddie Mr Colline Mckeinzie Doctor of Medicine at Invernes Alexander Cuming wryter ther David Fouller younger merchand ther John Hepburne gwnner ther Alexander Baillie one of the towne officers of Innvernes and William Ross Servitor to James Baillie Shirreff clerk of Innvernes wittnesses cited in the said process ay and untill they and each one of them find Sufficient Sovertie to the Said Shirreff and his deputs that they shall appeare before The Councell upon the said first twesday of Jully next and beare witnes in the foirsaid actione And the saids Lords Superceeds to give ansuer to that point of the petitione anent expensses untill adviseing of the said cause And the saids Lords doe heirby declare the certificatione pronunced by ther Lordships in the foirsaid process to Stand in full force and effect But dischairges any executione to be Done upon the foirsaid certificatione or upon the Letters of Denunceatione to be raised ther on And Discharges the registrating of the saids Letters or executione therof untill the saids Lords proceed in this maiter And ordaines Letters of horning on fiftein dayes and others neidfull wnder the Signet of Counsell to be direct heiron in forme as effeirs

Att Edinburgh the third day of March Jaj vic nyntie eight yeirs

D1698/3/71

Act

Act Tulloch and Dempster Against Earle of Seaforth

Anent the petitione given in to the Lords of his majesties privie Counsell be John Baine younger of Twlloch Shewing That ther Lordships petitioner being about his Laufull affairs upon the Seventh of October Last in the towne of Chanry in Ross in the house of David Mckullock one of the baillies of the said towne Dreading no hurt Judgeing him Self Secure wnder the protectione of his majesties government and Lawes and behaveing himself as a dwetifull Subject Mr William Baillie Roderick Mckeinzie Simon Mckeinzie John Forsyth domestick servants to The Earle of Seaforth and Donald Moriesone Staibler in the said towne of Chanrie by the hunding out of the said Earle Leaveing ther accomplices without doors in manifest contempt of the government most barbarousely with staves and other offensive weapons entered the roume wher the petitioners was at Dinner and first haveing seased and broken his pistolls most crwellie bate wounded and abused him to the great effwsione of his blood and when the said baillie Mckullock commanded them in the Kings name to forbeare these horrid barbarities The said Roderick Mckeinzie replyed they valued not him nor his King for they Commanded ther And likewayes the said Mr William said they were now above these things And when ther Lordships petitioner was scarce able to stand upon his feet for the many greivows and severe Strocks he receaved from them as if he were ane malefactor they dragged him out of his chamber and caried him bare headed through the streets untill they brought him to the closs at the Earles house and haveing bolted the gaites that ther might be noe wittnesses to his wseage ther they Sent to The Earle to know what furder orders he wowld give anent the petitioner and the persone Sent haveing returned all of them a pairt Comowned with him and then brought the petitioner to The Earles yeard wher Likewise they baite and abused him and threatned to Kill him if he would not Sweare and give it under his hand never to represent or persew The Earle or any of them for what was at present Done at Invernes wher they deforced the Messinger which he refwiseing they robbed him of severall papers he had about him and then Lett him goe upon which most attrociows mater of fact ther Lordships petitioner being very confident ther Lordships would in vindicatione of the honor of the government fall upon effectwall meanes to Suppress Such manifest oppressiones raised a lybell against The Earle and his foirsaids Servants wherupon they were cited to the fourth of Janwary Last and non Compeareing certificatione was admitted against them which can be of noe import to the petitioner Seing no Legall Sentance can be execute at the petitioners instance against The Earle or his accomplices in that Countrie And that now The Earle is upon the place But will goe presently north Ther Lordships haveing taken off his confinement And Therfore humbly craveing ther Lordships to take the premisses to ther Sereows consideratione and ordaine The Earle befor he be allowed to goe hom first to find good Suretie to appeare in this the petitioners process to the end Secondly that he produce his foirsaids Servants for whom he is answerable by Law Especiallie Seing he intertained and harboured them in his house and Service for a considerable tyme efter Committing of the said Cryme Tertio that he pay to the petitioner what expensses he hes alreadie putt him to through his not compearance which the petitioner cannot but value to be upwards of six Hundereth pund Scotts by and attour the damnadge he Sustaines through his absence from his Laufull affairs and the expensses he is putt to by his attendance here Qwarto that in respect non of the witnesses for proveing the said mater of fact will compeare by reasone of The Earles awthoritie and Command in that Cowntrey to ordaine the Shirreff of that Shyre to take and Secure them till they give Sufficient Suretie each of them to compeare against Swch a day as ther Lordships Shall please to appoint to the defenders to ansuer to the lybell As the Said petitione bears Which petitione being this day read and considered be the saids Lords of his majesties privie Cownsell They Doe heirby decerne and ordaine The Said Earle of Seaforth to give bond and find Sufficient Cawtione acted in the books of privie Counsell That he shall appeare before the saids Lords upon the first twesday of Jullie next to come and answere to the Lybell depending befor The Councell at the instance of Sir John Dempster of Pitliver and The Laird of Tulloch against his Lordshipe And that he Shall attend the haill dyets of Counciell or ther Committie to be appointed in the Said mater And to obtemper and fullfill the Sentence of Councell to be given and pronunced in the said mater And furder That the said Earle of Seaforth Shall exhibit and produce in presence of the saids Lords of privie Counsell the persones of Mr William Baillie Roderick Mckeinzie Simeon Mckeinzie and John Forsyth domestick servants to his Lordshipe And the persone of Donald Moriesone Stabler in the towne of Chanry belonging to the said Earle And that in the termes of the two hundereth and twentie Seventh act fourtein parliament King James the sixth upon the said first twesday of Jwllie next to come wnder the penaltie of Five Hundereth punds Sterleing in caice he shall transgress in any pairt of the premisses and Give order and warrand to the Shirreff principall of the Shyre of Ross within which Shyre the wittnesses efternamed doe Live and reside to seaze upon and Secure the persones of David Mcculloch Baillie of Chanry Aneas Mclaud towne clerk of Edinburgh Donald Bame Brother to Ronald Bame of Knockbame Peter Lamb in Chanry Donald Davidsone glover ther Kenneth Mckeinzie cordiner ther John Fraser Robert Ross yownger of Merkmish Alexander Mckeinzie younger of Sands John Cuthbert of Draikies Late proveist of Innvernes Kenneth Mckeinzie of Swddie Mr Colline Mckeinzie Doctor of Medicine at Invernes Alexander Cuming wryter ther David Fouller younger merchand ther John Hepburne gwnner ther Alexander Baillie one of the towne officers of Innvernes and William Ross Servitor to James Baillie Shirreff clerk of Innvernes wittnesses cited in the said process ay and untill they and each one of them find Sufficient Sovertie to the Said Shirreff and his deputs that they shall appeare before The Councell upon the said first twesday of Jully next and beare witnes in the foirsaid actione And the saids Lords Superceeds to give ansuer to that point of the petitione anent expensses untill adviseing of the said cause And the saids Lords doe heirby declare the certificatione pronunced by ther Lordships in the foirsaid process to Stand in full force and effect But dischairges any executione to be Done upon the foirsaid certificatione or upon the Letters of Denunceatione to be raised ther on And Discharges the registrating of the saids Letters or executione therof untill the saids Lords proceed in this maiter And ordaines Letters of horning on fiftein dayes and others neidfull wnder the Signet of Counsell to be direct heiron in forme as effeirs

1. NRS, PC2/27, 99r-101v.

1. NRS, PC2/27, 99r-101v.

Sederunt, 3 March 1698, Edinburgh

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Att Edinburgh the third day of March Jaj vic nyntie eight yeirs1

D1698/3/62

Sederunt

Lord Chancellor; Earl of Sutherland; Earl of Bwchan; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Ruglen; Viscount Tarbatt; Lord Forbess; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Fountainhall; Lord Anstruther; Lord Rankeillor; Laird of Grant; Laird of Pollock; Proveist of Edinburgh; Laird of Kellburne

Att Edinburgh the third day of March Jaj vic nyntie eight yeirs1

D1698/3/62

Sederunt

Lord Chancellor; Earl of Sutherland; Earl of Bwchan; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Ruglen; Viscount Tarbatt; Lord Forbess; Lord Carmichael; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Fountainhall; Lord Anstruther; Lord Rankeillor; Laird of Grant; Laird of Pollock; Proveist of Edinburgh; Laird of Kellburne

1. NRS, PC2/27, 99r.

2. NRS, PC2/27, 99r.

1. NRS, PC2/27, 99r.

2. NRS, PC2/27, 99r.

Act, 3 March 1698, Edinburgh

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Att Edinburgh The Third day of March Jaj vjc nyntie Eight years

A1698/3/191

Act

Act Anent Dunnater Castle

The Councill Doe heirby appoint the Application made for Captain Livingston who commanded the Garrison att Dunnottar att the tyme of disbanding thereof, anent the armes and Bedding and what Else belongs to the King in the said Garrison to be of new made to the Lords Commissioners of his Majesties Thesaury That they may give orders thereanent as they shal think fitt.

Att Edinburgh The Third day of March Jaj vjc nyntie Eight years

A1698/3/191

Act

Act Anent Dunnater Castle

The Councill Doe heirby appoint the Application made for Captain Livingston who commanded the Garrison att Dunnottar att the tyme of disbanding thereof, anent the armes and Bedding and what Else belongs to the King in the said Garrison to be of new made to the Lords Commissioners of his Majesties Thesaury That they may give orders thereanent as they shal think fitt.

1. NRS, PC1/51, 399.

1. NRS, PC1/51, 399.

Warrant, 3 March 1698, Edinburgh

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Att Edinburgh The Third day of March Jaj vjc nyntie Eight years

A1698/3/181

Warrant

Warrand to Collonel Erskine to sett at Liberty Two of the Souldiers that ran away with their armes att Queensferry

The Lords of his majesties privy Councill Considering that Livtenant Collonel John Erskine Livtenant Governour of the Castle of Stirling hes by ther Lordships order apprehended […] souldiers, Two of the Lord Lorns Regiment who hade run away with their armes from Queensferrie The saids Lords doe heirby Give order and Warrand to the said Livtenant Governour and in his absence To the next commanding officer of the said Castle To sease upon and secure the armes of the saids Two souldiers In his Majesties Magazine of the said castle To be furth-coming to his majesties use, And gives order and warrand To the said Livtenant Governour or next commanding officer To sett The saids Two Souldiers att Liberty furth of the said Castle And Recommends to the Lords Commissioners of his majesties Thesaury To Cause make payment to the said Livtenant Governour of five shilling scots per diem for Each of the saids souldiers each day since they were apprehended till they putt att Liberty.

Att Edinburgh The Third day of March Jaj vjc nyntie Eight years

A1698/3/181

Warrant

Warrand to Collonel Erskine to sett at Liberty Two of the Souldiers that ran away with their armes att Queensferry

The Lords of his majesties privy Councill Considering that Livtenant Collonel John Erskine Livtenant Governour of the Castle of Stirling hes by ther Lordships order apprehended […] souldiers, Two of the Lord Lorns Regiment who hade run away with their armes from Queensferrie The saids Lords doe heirby Give order and Warrand to the said Livtenant Governour and in his absence To the next commanding officer of the said Castle To sease upon and secure the armes of the saids Two souldiers In his Majesties Magazine of the said castle To be furth-coming to his majesties use, And gives order and warrand To the said Livtenant Governour or next commanding officer To sett The saids Two Souldiers att Liberty furth of the said Castle And Recommends to the Lords Commissioners of his majesties Thesaury To Cause make payment to the said Livtenant Governour of five shilling scots per diem for Each of the saids souldiers each day since they were apprehended till they putt att Liberty.

1. NRS, PC1/51, 399.

1. NRS, PC1/51, 399.

Proclamation, 3 March 1698, Edinburgh

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Att Edinburgh The Third day of March Jaj vjc nyntie Eight years

A1698/3/171

Proclamation

Proclamation anent the Poor

The Proclamation underwritten Being Read was votted approven and signed wherof the Tenor follows:
William By the Grace of God King of great Brittain France and Ireland Defender of the faith To […] Macers of our privy Councill Messengers att armes our Sheriffs in that part Conjunctlie and Severallie specialy Constitute Greeting. That where the many Good and Laudable Laws made for mantaining the poor and Suppressing of Beggars vagabonds and Idle persons have not hitherto taken Effect, partly Because there were no Houses provided for them to Reside in. And partly Because the persones to whom the Executions of the Saids Laws was committed have been negligent in their Duty. For Remeid whereof Wee with advice of the Lords of our privy Councill, ordain the proclamations formerly Emitted of the date the Eleventh of august Jaj vic nynty and Two the Twenty nynth of august Jaj vic nynty Three and Last of July Jaj vic nyntie four Ratified and approven by the Twenty nynth act of the sixth session of our Current parliament To be Reprinted and putt to full and vigorous Execution in all points. And in order To make The saids proclamations the more Effectuall Wee with Advice forsaid Revive The Eighteenth act of the Third Session Parliament second Charles Second, In so farr as Concernes The providing Correction houses for the Receaveing and Entertaining of Beggers vagabonds and Idle persones within the Burghs therin mentioned. Viz One Correction House att the Burgh of Edinburgh for these of the Town and Shire of Edinburgh one att the Burgh of Haddingtoun for these of the shire of Haddingtoun, one att Dunce for the Shire of Berwick, one att Jedburgh for the shire of Roxburgh, one att The Burgh of Selkirk for the shire of Peebles, one att Glasgow for the Shire of Lanerk, one att the Burgh of Dumfreis for the shire of Dumfreis, one att the Burgh of Wigtoun for the shire of Wigtoun, one att the Burgh of Kirkcudbright for the Stewartrie of Kirkcudbright, one at the Burgh of Air for the shire of Air, one att the Burgh of Dumbarton for the shire of Dumbarton, one att the Burgh of Rothsay for the shire of Bute, one att Pasley for the shire of Renfrew, one att Stirling for the shire of Stirling and Clackmannan, one att Linlithgow for the shire of Linlithgow, one att Culross for These Twelve paroches in Perth Shire Belonging to the presbetry of Dumblain one at the Burgh of Perth for the rest of the shire of Perth, one att Montrose for the Shire of Kincardin, one att The Burgh of Aberdeen for the shire thereof one att Inverness for the shires of Inverness Ross and Cromarty one att the Burgh of Elgin for the shires of Elgine and Nairn one att Inverrary for the shire of Argyle Four in the Shire of Fife. Viz one att St Andrews one att Couper one att Kirkaldy one att Dumfermling, for the four ordinary divisions of that shire, one att Dundee for The Shire of Forfarr one att the Burgh of Banff for the Shire of Banff one att the Burgh of Dornoch for the shire of Sutherland one att Weel for the shire of Caithness and one att Kirkwall for the shires of Orkney and Zetland Each of which houses shall have a Large Closs sufficiently Inclosed for Keeping in the said poor people That they Be not necessitat to be always within Doors To the hurt or hazard of their Health, And ordains The Magistrats of The saids Burghs To provide the Correction houses and appoints masters and overseers of the samen By advice of the presbetries or such as they shall appoint, To sett these poor persons to Work and that betwixt and the First day of october next under the pain of Five Hundred merks quarterly untill Correction houses be provided, conform to the said act, But in place of the Commissioners of Excise mentioned in the said act, Wee with advice forsaid Require and Command the sheriffs of the shires and their Deputs To putt the said Act In Execution within their respective Shires, as to Every thing that by the said act, was committed to the Commissioners of Excyse. And ordains the saids sheriffs and their Deputes To give ane account of their diligence therin to the Lords of our privy Councill Betwixt and the first day of December next. Under the pain Every one of them of Five Hundred merks who shall failzie and neglect to doe the samen To be Employed for the use of the Poor of the shire and to be lyable for Ane Hundred pounds weekly after the said day before they Return ane account of their Diligence to our privy Councill To be Employed for the use forsaid. And ordains the severall paroches within Every shire and District to send their poor To the Magistrats of the Towns where The Correction houses are to be provided against the first Day of November next. That They may be putt into the saids Correction houses, and in caice the Correction houses be not ready to receave the poor against that day ordains the poor to be sent to be mantained by the Magistrats of the Burgh who were to provide the saids Correction houses and that ay and where the Correction houses be provided and That by and attour the forsaids penalties Imposed by the said act of parliament In case of failzie of providing the saids Correction Houses against the said day, and in the meantime before the saids Correction houses be provided ordains the saids acts and proclamations of our privy Councill to be putt to full Execution. And Because their may some questions arise in putting the saids acts in Execution, for which there can be no generall Rule sett Down in respect of the different Conditions and Circumstances of severall places of the Countrey Therfor that the said act may be more Effectualy and with greater Expedition putt to Execution wee with advice forsaid give power and warrand to the minister and Elders of each paroch with advice of the Haretors, or so many of them as shall meet and Concurr with the minister and Elders upon Intimation to be made by the minister from the Pulpit upon the Sabbath Day before To decide and determine all questions that may arise in the respective paroches, in relation to the ordering and disposing of the poor. In so farr as is not determined by the Laws and acts of parliament and the former acts of our privie Councill which are Ratified by the act of parliament forsaid Our Will is Heirfore And Wee charge yow strictly and command That Incontinent These our Letters seen ye pass to the mercat cross of Edinburgh and Remanent Crosses of the head Burghs of the severall shires and Stewartries within this Kingdom and therat in our name and authority by open proclamation make Intimation heirof that none may pretend Ignorance And ordains these presents to be printed. Given under our signet att Edinburgh The Third day of March and of our Reign the nynth year 1698 sic subscribitur.

Att Edinburgh The Third day of March Jaj vjc nyntie Eight years

A1698/3/171

Proclamation

Proclamation anent the Poor

The Proclamation underwritten Being Read was votted approven and signed wherof the Tenor follows:
William By the Grace of God King of great Brittain France and Ireland Defender of the faith To […] Macers of our privy Councill Messengers att armes our Sheriffs in that part Conjunctlie and Severallie specialy Constitute Greeting. That where the many Good and Laudable Laws made for mantaining the poor and Suppressing of Beggars vagabonds and Idle persons have not hitherto taken Effect, partly Because there were no Houses provided for them to Reside in. And partly Because the persones to whom the Executions of the Saids Laws was committed have been negligent in their Duty. For Remeid whereof Wee with advice of the Lords of our privy Councill, ordain the proclamations formerly Emitted of the date the Eleventh of august Jaj vic nynty and Two the Twenty nynth of august Jaj vic nynty Three and Last of July Jaj vic nyntie four Ratified and approven by the Twenty nynth act of the sixth session of our Current parliament To be Reprinted and putt to full and vigorous Execution in all points. And in order To make The saids proclamations the more Effectuall Wee with Advice forsaid Revive The Eighteenth act of the Third Session Parliament second Charles Second, In so farr as Concernes The providing Correction houses for the Receaveing and Entertaining of Beggers vagabonds and Idle persones within the Burghs therin mentioned. Viz One Correction House att the Burgh of Edinburgh for these of the Town and Shire of Edinburgh one att the Burgh of Haddingtoun for these of the shire of Haddingtoun, one att Dunce for the Shire of Berwick, one att Jedburgh for the shire of Roxburgh, one att The Burgh of Selkirk for the shire of Peebles, one att Glasgow for the Shire of Lanerk, one att the Burgh of Dumfreis for the shire of Dumfreis, one att the Burgh of Wigtoun for the shire of Wigtoun, one att the Burgh of Kirkcudbright for the Stewartrie of Kirkcudbright, one at the Burgh of Air for the shire of Air, one att the Burgh of Dumbarton for the shire of Dumbarton, one att the Burgh of Rothsay for the shire of Bute, one att Pasley for the shire of Renfrew, one att Stirling for the shire of Stirling and Clackmannan, one att Linlithgow for the shire of Linlithgow, one att Culross for These Twelve paroches in Perth Shire Belonging to the presbetry of Dumblain one at the Burgh of Perth for the rest of the shire of Perth, one att Montrose for the Shire of Kincardin, one att The Burgh of Aberdeen for the shire thereof one att Inverness for the shires of Inverness Ross and Cromarty one att the Burgh of Elgin for the shires of Elgine and Nairn one att Inverrary for the shire of Argyle Four in the Shire of Fife. Viz one att St Andrews one att Couper one att Kirkaldy one att Dumfermling, for the four ordinary divisions of that shire, one att Dundee for The Shire of Forfarr one att the Burgh of Banff for the Shire of Banff one att the Burgh of Dornoch for the shire of Sutherland one att Weel for the shire of Caithness and one att Kirkwall for the shires of Orkney and Zetland Each of which houses shall have a Large Closs sufficiently Inclosed for Keeping in the said poor people That they Be not necessitat to be always within Doors To the hurt or hazard of their Health, And ordains The Magistrats of The saids Burghs To provide the Correction houses and appoints masters and overseers of the samen By advice of the presbetries or such as they shall appoint, To sett these poor persons to Work and that betwixt and the First day of october next under the pain of Five Hundred merks quarterly untill Correction houses be provided, conform to the said act, But in place of the Commissioners of Excise mentioned in the said act, Wee with advice forsaid Require and Command the sheriffs of the shires and their Deputs To putt the said Act In Execution within their respective Shires, as to Every thing that by the said act, was committed to the Commissioners of Excyse. And ordains the saids sheriffs and their Deputes To give ane account of their diligence therin to the Lords of our privy Councill Betwixt and the first day of December next. Under the pain Every one of them of Five Hundred merks who shall failzie and neglect to doe the samen To be Employed for the use of the Poor of the shire and to be lyable for Ane Hundred pounds weekly after the said day before they Return ane account of their Diligence to our privy Councill To be Employed for the use forsaid. And ordains the severall paroches within Every shire and District to send their poor To the Magistrats of the Towns where The Correction houses are to be provided against the first Day of November next. That They may be putt into the saids Correction houses, and in caice the Correction houses be not ready to receave the poor against that day ordains the poor to be sent to be mantained by the Magistrats of the Burgh who were to provide the saids Correction houses and that ay and where the Correction houses be provided and That by and attour the forsaids penalties Imposed by the said act of parliament In case of failzie of providing the saids Correction Houses against the said day, and in the meantime before the saids Correction houses be provided ordains the saids acts and proclamations of our privy Councill to be putt to full Execution. And Because their may some questions arise in putting the saids acts in Execution, for which there can be no generall Rule sett Down in respect of the different Conditions and Circumstances of severall places of the Countrey Therfor that the said act may be more Effectualy and with greater Expedition putt to Execution wee with advice forsaid give power and warrand to the minister and Elders of each paroch with advice of the Haretors, or so many of them as shall meet and Concurr with the minister and Elders upon Intimation to be made by the minister from the Pulpit upon the Sabbath Day before To decide and determine all questions that may arise in the respective paroches, in relation to the ordering and disposing of the poor. In so farr as is not determined by the Laws and acts of parliament and the former acts of our privie Councill which are Ratified by the act of parliament forsaid Our Will is Heirfore And Wee charge yow strictly and command That Incontinent These our Letters seen ye pass to the mercat cross of Edinburgh and Remanent Crosses of the head Burghs of the severall shires and Stewartries within this Kingdom and therat in our name and authority by open proclamation make Intimation heirof that none may pretend Ignorance And ordains these presents to be printed. Given under our signet att Edinburgh The Third day of March and of our Reign the nynth year 1698 sic subscribitur.

1. NRS, PC1/51, 396-9.

1. NRS, PC1/51, 396-9.

Warrant, 3 March 1698, Edinburgh

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Att Edinburgh The Third day of March Jaj vjc nyntie Eight years

A1698/3/161

Warrant

Warrant to Disband Two Troops of the Lord Jedburghs Regiment

The Lords of his majesties privy Councill Doe heirby give order and warrand to the Comanding officer of the Lord Jedburgh his Regiments of Dragoons upon ther arryval within this Kingdom, to Disband The Two Additional Troops of the said Regiment which were added when they went from this to Flanders, In caice it be not ordered by his Majestie To Disband any other Two Troops of the said Regiment In place of the saids Two additionall Troops.

Att Edinburgh The Third day of March Jaj vjc nyntie Eight years

A1698/3/161

Warrant

Warrant to Disband Two Troops of the Lord Jedburghs Regiment

The Lords of his majesties privy Councill Doe heirby give order and warrand to the Comanding officer of the Lord Jedburgh his Regiments of Dragoons upon ther arryval within this Kingdom, to Disband The Two Additional Troops of the said Regiment which were added when they went from this to Flanders, In caice it be not ordered by his Majestie To Disband any other Two Troops of the said Regiment In place of the saids Two additionall Troops.

1. NRS, PC1/51, 396.

1. NRS, PC1/51, 396.

Warrant, 3 March 1698, Edinburgh

Posted on by

Att Edinburgh The Third day of March Jaj vjc nyntie Eight years

A1698/3/151

Warrant

Warrand To Brigadier Maitland to Execute the orders against the Frasers and Keppoch

The Lords of his majesties privy Councill Doe heirby give order and Warrand To Brigadier Maitland Governour or in his absence to the commanding officer at Fortwilliam for the time to Execute and follow furth the Commission and orders granted by their Lordships To Collonell Sir John Hill Late Governour att Fortwilliam dated the First day of November Last, anent the Frasers of Bewforts and their accomplices and the Commission and orders Granted against McDonald of Keppoch and others, in that Commission.

Att Edinburgh The Third day of March Jaj vjc nyntie Eight years

A1698/3/151

Warrant

Warrand To Brigadier Maitland to Execute the orders against the Frasers and Keppoch

The Lords of his majesties privy Councill Doe heirby give order and Warrand To Brigadier Maitland Governour or in his absence to the commanding officer at Fortwilliam for the time to Execute and follow furth the Commission and orders granted by their Lordships To Collonell Sir John Hill Late Governour att Fortwilliam dated the First day of November Last, anent the Frasers of Bewforts and their accomplices and the Commission and orders Granted against McDonald of Keppoch and others, in that Commission.

1. NRS, PC1/51, 396.

1. NRS, PC1/51, 396.