Act, 30 December 1697, Edinburgh

Att Edinburgh The Threttieth day of December Jaj vic nyntie seven years

A1697/12/561

Act

Act The Liberating the Mutineers In Captain Douglasses Regiment

The Lords of his Majesties privy Councill Doe heirby Give order and warrant to the Bailies of the Cannongate And Keeper of ther Tolbooth To sett att Liberty furth thereof David Dumbar Sergeant James Sinclair Corporall Gilbert McDougall John Gordon and William Wilsons souldiers Imprisoned as pretended mutineers In Collonell Sir William Douglass his Late Regiment for which this shall be To all Concerned a sufficient warrant.

Att Edinburgh The Threttieth day of December Jaj vic nyntie seven years

A1697/12/561

Act

Act The Liberating the Mutineers In Captain Douglasses Regiment

The Lords of his Majesties privy Councill Doe heirby Give order and warrant to the Bailies of the Cannongate And Keeper of ther Tolbooth To sett att Liberty furth thereof David Dumbar Sergeant James Sinclair Corporall Gilbert McDougall John Gordon and William Wilsons souldiers Imprisoned as pretended mutineers In Collonell Sir William Douglass his Late Regiment for which this shall be To all Concerned a sufficient warrant.

1. NRS, PC1/51, 325.

1. NRS, PC1/51, 325.

Act, 30 December 1697, Edinburgh

Att Edinburgh The Threttieth day of December Jaj vic nyntie seven years

A1697/12/551

Act

Act for Transporting nyne Frasers from Aberdeen To Edinburgh

The Lords of his Majesties privy Councill Considering That The number of nyne Frasers are appointed by Interloquitor of the Threttieth of November Last To be Transported from Inverness To Aberdeen under a sufficient Guard from Sheriff to Sheriff Doe heirby appoynt the said nyne Gentlemen to be transported from Aberdeen from Sheriff To Sheriff under a sufficient Guard untill they come to the Town of Edinburgh And Appoynts the Commander of the said Guard To Deliver them to the Magistrats of Edinburgh and Keeper of ther Tolbooth And appoints the said Magistrats and the Keeper To Receave and Detain the saids nyne Gentlemen prisoners in the tolbooth till farder order of Councill.

Att Edinburgh The Threttieth day of December Jaj vic nyntie seven years

A1697/12/551

Act

Act for Transporting nyne Frasers from Aberdeen To Edinburgh

The Lords of his Majesties privy Councill Considering That The number of nyne Frasers are appointed by Interloquitor of the Threttieth of November Last To be Transported from Inverness To Aberdeen under a sufficient Guard from Sheriff to Sheriff Doe heirby appoynt the said nyne Gentlemen to be transported from Aberdeen from Sheriff To Sheriff under a sufficient Guard untill they come to the Town of Edinburgh And Appoynts the Commander of the said Guard To Deliver them to the Magistrats of Edinburgh and Keeper of ther Tolbooth And appoints the said Magistrats and the Keeper To Receave and Detain the saids nyne Gentlemen prisoners in the tolbooth till farder order of Councill.

1. NRS, PC1/51, 324.

1. NRS, PC1/51, 324.

Procedure, 30 December 1697, Edinburgh

Att Edinburgh The Threttieth day of December Jaj vic nyntie seven years

A1697/12/541

Procedure

Remitt anent Captain Douglass and others

Report of the Committee appointed To Clear Betwixt Captain Douglass and the other Captains of Collonell Douglasses Regiment and Grant and Talzieour Read and the Councill doe heirby Recommend to the Committee to meet again and to Clear and discuss accompts betwixt Captain Douglas and the other Captains and officers of the said Regiment during the tyme that he was Agent to the said Regiment And betwixt The said Captain Douglass and the furnishers of the Tents with power to the Committee to give order for Captain Douglass his Libertatione In caice they shall see cause for doeing therof And In caice of Difficulty to report to the privy Councill.

Att Edinburgh The Threttieth day of December Jaj vic nyntie seven years

A1697/12/541

Procedure

Remitt anent Captain Douglass and others

Report of the Committee appointed To Clear Betwixt Captain Douglass and the other Captains of Collonell Douglasses Regiment and Grant and Talzieour Read and the Councill doe heirby Recommend to the Committee to meet again and to Clear and discuss accompts betwixt Captain Douglas and the other Captains and officers of the said Regiment during the tyme that he was Agent to the said Regiment And betwixt The said Captain Douglass and the furnishers of the Tents with power to the Committee to give order for Captain Douglass his Libertatione In caice they shall see cause for doeing therof And In caice of Difficulty to report to the privy Councill.

1. NRS, PC1/51, 324.

1. NRS, PC1/51, 324.

Act, 30 December 1697, Edinburgh

Att Edinburgh The Threttieth day of December Jaj vic nyntie seven years

A1697/12/531

Act

Act anent Alexander Fraser of Strichen

Anent the Petition Given in To the Lords of his Majesties privy Counsell By Alexander Fraser of Streichen Shewing That where orders having been sent to the Lord Forbes for apprehending the Petitioner And that notwithstanding of Testificats by Phicians and ministers anent the Petitioners great weakness and Innability of Body by Languishing sickness which Confined him to his house since August Last as was nottourly Known to all the Countrey yet his Lordship In prosecution of his orders spared not bringing the Petitioner from Castle-Stewart where he Dwelt To Inverness where the petitioner was detained for Twenty four houres untill his Lordship did see his Low Condition and Inability to stand without Support wherupon he remanded the petitioner back to his house not only with ane officer and Guards That then ane moneth bygone have lyen heavily upon him But also oblidged the Petitioner To Grant Bond of presentation again the second of January then next under the pain of Five hundred pounds sterling which his Lordship Knows The Petitioner did most frankly give him Trusting to his Recovering Strength through the mercy of God, That he might Travell South and vindicate himself to the saids Lords But the season proving so stormy and his health Returning very slowly as the Lord Forbes might Judge by what Condition he saw the petitioner In as said is his setting out upon Journey might Endanger his life Therfore and seing that the Petitioner was most willing To Sist himself before the saids Lords of his Majesties privy Councill with the first opportunity of health and weather And for that Effect either to continue his said Bond of presentation already given if the saids Lords should think it sufficient or otherways to give a new Bond of Cautione to appear att what Dyett their Lordships should please to appoint and that under what penalty their Lordships should determine And Therfore Humbly Craving to the Effect underwritten as the said Petition Bears The saids Lords of his Majesties privy Councill Having Considered the above petition Given In to them by the said Alexander Fraser of Strichen prisoner att his own house of Castle-Steuart with the Testificat of the Petitioners Indisposition mentioned therin and produced therewith They do heirby Give full power and warrant To Ludovick Grant of that Ilk sheriff principall of the sheriffdome of Inverness To take Bond with sufficient Caution of the petitioner That he shall appear before the saids Lords of his majesties privy Councill upon the Eight day of February next to Come and answer to what shall be Laid to his charge under the penalty of one Thousand pounds sterling And upon Receaving of this Bond Gives power to the said Sheriff of Inverness To Remove the Guards from of the Petitioner under which he now lyes And to sett him att Libertie And Appoints The said sheriff To Transmitt the Bond so soon as he shall Receave it To the Clerks of privy Councill To Remain in ther hands till farder order And upon Receaving of the new Bond Gives heirby power to the persones in whose hands the petitioners former Bond lyes To deliver up the same to him And ordains The Interloquitor pronunced in this affair upon the Twenty Eight of December Instant to be cancelled.

Att Edinburgh The Threttieth day of December Jaj vic nyntie seven years

A1697/12/531

Act

Act anent Alexander Fraser of Strichen

Anent the Petition Given in To the Lords of his Majesties privy Counsell By Alexander Fraser of Streichen Shewing That where orders having been sent to the Lord Forbes for apprehending the Petitioner And that notwithstanding of Testificats by Phicians and ministers anent the Petitioners great weakness and Innability of Body by Languishing sickness which Confined him to his house since August Last as was nottourly Known to all the Countrey yet his Lordship In prosecution of his orders spared not bringing the Petitioner from Castle-Stewart where he Dwelt To Inverness where the petitioner was detained for Twenty four houres untill his Lordship did see his Low Condition and Inability to stand without Support wherupon he remanded the petitioner back to his house not only with ane officer and Guards That then ane moneth bygone have lyen heavily upon him But also oblidged the Petitioner To Grant Bond of presentation again the second of January then next under the pain of Five hundred pounds sterling which his Lordship Knows The Petitioner did most frankly give him Trusting to his Recovering Strength through the mercy of God, That he might Travell South and vindicate himself to the saids Lords But the season proving so stormy and his health Returning very slowly as the Lord Forbes might Judge by what Condition he saw the petitioner In as said is his setting out upon Journey might Endanger his life Therfore and seing that the Petitioner was most willing To Sist himself before the saids Lords of his Majesties privy Councill with the first opportunity of health and weather And for that Effect either to continue his said Bond of presentation already given if the saids Lords should think it sufficient or otherways to give a new Bond of Cautione to appear att what Dyett their Lordships should please to appoint and that under what penalty their Lordships should determine And Therfore Humbly Craving to the Effect underwritten as the said Petition Bears The saids Lords of his Majesties privy Councill Having Considered the above petition Given In to them by the said Alexander Fraser of Strichen prisoner att his own house of Castle-Steuart with the Testificat of the Petitioners Indisposition mentioned therin and produced therewith They do heirby Give full power and warrant To Ludovick Grant of that Ilk sheriff principall of the sheriffdome of Inverness To take Bond with sufficient Caution of the petitioner That he shall appear before the saids Lords of his majesties privy Councill upon the Eight day of February next to Come and answer to what shall be Laid to his charge under the penalty of one Thousand pounds sterling And upon Receaving of this Bond Gives power to the said Sheriff of Inverness To Remove the Guards from of the Petitioner under which he now lyes And to sett him att Libertie And Appoints The said sheriff To Transmitt the Bond so soon as he shall Receave it To the Clerks of privy Councill To Remain in ther hands till farder order And upon Receaving of the new Bond Gives heirby power to the persones in whose hands the petitioners former Bond lyes To deliver up the same to him And ordains The Interloquitor pronunced in this affair upon the Twenty Eight of December Instant to be cancelled.

1. NRS, PC1/51, 323-4.

1. NRS, PC1/51, 323-4.

Act, 30 December 1697, Edinburgh

Att Edinburgh The Threttieth day of December Jaj vic nyntie seven years

A1697/12/521

Act

Liberation The Laird of Phinhaven

Anent the petition given into the Lords of his Majesties privie Councell By Mr James Carnegie of Phinhaven Sheuing That their Lordships upon a Complaint raised at the instance of The Laird of Balthaick and some other of Kinfaunes relations on the mother syde against the petitioner for precipitation In ane Act of Curatory expede in favours of Kinfauns before the shirreff deput of Forfar The saids Lords after hearing of both parties Did rescind and anull the forsaid act of Curatory And in the mean tyme Committed the petitioner to the tolbooth of Edinburgh during their Lordships pleasure wher he hath remained prisoner these five weeks bypast To the great prejudice of his health and other affairs And seing the Laird of Kinfauns hath made a New Election of Curators before the Lords of session To the satisfaction of the said Laird of Balthaik and all others who aither were Concerned or did Concerne themselves in the said Complaint And therfore Humblie Craving to the effect underwryten as the said petition bears The saids Lords of his Majesties privie Councell Having Considered the above petition They Doe heirby Give order and uarrand to the Magistrats of Edinburgh and Keeper of their tolbooth To sett the petitioner at Liberty furth therof In respect he hath given bond and found sufficient Cautione acted in the books of privie Councell That he shall attend all the dyetts of Councell and Committie in the proces depending att The Lord Advocats instance against him The Laird of Kinfauns and Mr James Grub minister at Othlaw And that he shall obtempter and fulfill the sentence of Councell to be pronunced therin In so farr as he shall be Concerned in the samen under the penaltie of Fyve Thousand merks Scotts In caise he shall transgress in any part of the premisses.

Att Edinburgh The Threttieth day of December Jaj vic nyntie seven years

A1697/12/521

Act

Liberation The Laird of Phinhaven

Anent the petition given into the Lords of his Majesties privie Councell By Mr James Carnegie of Phinhaven Sheuing That their Lordships upon a Complaint raised at the instance of The Laird of Balthaick and some other of Kinfaunes relations on the mother syde against the petitioner for precipitation In ane Act of Curatory expede in favours of Kinfauns before the shirreff deput of Forfar The saids Lords after hearing of both parties Did rescind and anull the forsaid act of Curatory And in the mean tyme Committed the petitioner to the tolbooth of Edinburgh during their Lordships pleasure wher he hath remained prisoner these five weeks bypast To the great prejudice of his health and other affairs And seing the Laird of Kinfauns hath made a New Election of Curators before the Lords of session To the satisfaction of the said Laird of Balthaik and all others who aither were Concerned or did Concerne themselves in the said Complaint And therfore Humblie Craving to the effect underwryten as the said petition bears The saids Lords of his Majesties privie Councell Having Considered the above petition They Doe heirby Give order and uarrand to the Magistrats of Edinburgh and Keeper of their tolbooth To sett the petitioner at Liberty furth therof In respect he hath given bond and found sufficient Cautione acted in the books of privie Councell That he shall attend all the dyetts of Councell and Committie in the proces depending att The Lord Advocats instance against him The Laird of Kinfauns and Mr James Grub minister at Othlaw And that he shall obtempter and fulfill the sentence of Councell to be pronunced therin In so farr as he shall be Concerned in the samen under the penaltie of Fyve Thousand merks Scotts In caise he shall transgress in any part of the premisses.

1. NRS, PC1/51, 322-3.

1. NRS, PC1/51, 322-3.

Sederunt, 30 December 1697, Edinburgh

Att Edinburgh The Threttieth day of December Jaj vic nyntie seven years1

A1697/12/512

Sederunt

Lord Chancelor; Marquis of Douglass; Earl of Southerland; Earl of Mar; Earl of Morton; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Annandale; Viscount Tarbat; Lord Montgomery; Lord Raith; Lord Forbes; Lord Beilhaven; Lord Carmichaell; Lord Advocat; Lord Justice Clerk; Lord Philiphaugh; Lord Halcraig; Lord Anstruther; Laird of Grant; Laird of Pollock; Laird of Blackbarrony; Laird of Cessnock

Att Edinburgh The Threttieth day of December Jaj vic nyntie seven years1

A1697/12/512

Sederunt

Lord Chancelor; Marquis of Douglass; Earl of Southerland; Earl of Mar; Earl of Morton; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Annandale; Viscount Tarbat; Lord Montgomery; Lord Raith; Lord Forbes; Lord Beilhaven; Lord Carmichaell; Lord Advocat; Lord Justice Clerk; Lord Philiphaugh; Lord Halcraig; Lord Anstruther; Laird of Grant; Laird of Pollock; Laird of Blackbarrony; Laird of Cessnock

1. NRS, PC1/51, 322.

2. NRS, PC1/51, 322.

1. NRS, PC1/51, 322.

2. NRS, PC1/51, 322.