Act, 4 February 1696, Edinburgh

Att Edinburgh the fourth day of February Jaj vic nyntie six yeirs

D1696/2/41

Act

Act In favoures of The Earle of Southerland Anent Lord Arbuthnoets childrein

The Lords of his majesties privie Counsell considering that hes bein severall petitiones given in to them be The Earle of Southerland Anent the aliment and custodie of the deceased Viscount of Arbuthnot his childrein and severall answers made to the said petitiones be Alexander Arbuthnot of Knox in Law to the Saids childrein and Sir Thomas Burnet of Lies his cautioner and Severall Comitties appointed for considering the Samen which have all proved ineffectuall in respect of the differences betuixt the pairties And the Saids Lords haveing also heard both pairties advocats in ther own presence And haveing this day considered the whole mater They have ordained and heirby ordaines the said Alexander Arbuthnot of Knox tutor in Law foirsaid to delyver to the said Earle of Southerland at his Lodgeing in the Abbay or at Leith Robert now Viscount of Arbuthnet And that betuixt and the twentie day of Febrwary instant And decerns and ordaines the custodie of the rest of the saids childrein being Six besyde the Viscount viz John Jean Anna Mary Margaret and Hellen Arbuthnets to belong to and continwe with the said Earle of Southerland with whom they presently are And have modified and heirby modifies the Soume of Eight Hundereth merks Scotts money yeirly to be payed to the said Earle of Southerland by the said Alexander Arbuthnet of Knox tutor in Law foirsaid for the aliment and intertainment of the said present Viscount of Arbuthnet and his pedagogwe and page in bed and board allenarly And ordains the tutor to make payment instantly of the Soume of Two Hundereth merks therof for the said present Viscount his aliment and intertainment in bed and board with his pedagogwe and page till the terme of whittsonday next to come And therefter at two termes in the yeir whittsonday and Mertimes per advance be equall portiones Dureing the said Viscount his pupillaritie And Sicklyke modifies and appointes the Soume of Twentie five hundereth merks yeirly to be payed by the said Robert now Viscownt of Arbuthnet and Alexander Arbuthnet of Knox his tutor in Law for his interest to the said Earle of Southerland for the aliment and education of the Saids other six childrein above named besyde the Air And that att two termes in the yeir Mertimes and whittsonday per advance be equall portiones Beginning the first termes payment of the said twentie five Hundereth merks for the aliment and educatione of the said Six childrein besyde the Air at the date heirof for the terme of Mertimes Last bypast to the terme of whittsonday next to come And from thencefurth yeirly and termly at the foirsaids two termes to be payed per advance as said is Dureing the Said Six childrein ther respective pupillarities And ordaines the clerks of Cownsell to deliver up to aither pairtie the papers mutuallie produced by them to The comitties appointed in the said mater And the saids Lords Doe heirby recall the former interloquitor pronunced by them in this affair upon the thretteinth day of december Last And appoints the Same to be cancelled and distroyed And Declaires it to make no faith in Judgement nor outwith the Same in tyme comeing And sicharges extracting or booking therof And ordaines Letters of horning on fiftein dayes and other executorialls needfull to be direct heirupon in forme as effeirs

Att Edinburgh the fourth day of February Jaj vic nyntie six yeirs

D1696/2/41

Act

Act In favoures of The Earle of Southerland Anent Lord Arbuthnoets childrein

The Lords of his majesties privie Counsell considering that hes bein severall petitiones given in to them be The Earle of Southerland Anent the aliment and custodie of the deceased Viscount of Arbuthnot his childrein and severall answers made to the said petitiones be Alexander Arbuthnot of Knox in Law to the Saids childrein and Sir Thomas Burnet of Lies his cautioner and Severall Comitties appointed for considering the Samen which have all proved ineffectuall in respect of the differences betuixt the pairties And the Saids Lords haveing also heard both pairties advocats in ther own presence And haveing this day considered the whole mater They have ordained and heirby ordaines the said Alexander Arbuthnot of Knox tutor in Law foirsaid to delyver to the said Earle of Southerland at his Lodgeing in the Abbay or at Leith Robert now Viscount of Arbuthnet And that betuixt and the twentie day of Febrwary instant And decerns and ordaines the custodie of the rest of the saids childrein being Six besyde the Viscount viz John Jean Anna Mary Margaret and Hellen Arbuthnets to belong to and continwe with the said Earle of Southerland with whom they presently are And have modified and heirby modifies the Soume of Eight Hundereth merks Scotts money yeirly to be payed to the said Earle of Southerland by the said Alexander Arbuthnet of Knox tutor in Law foirsaid for the aliment and intertainment of the said present Viscount of Arbuthnet and his pedagogwe and page in bed and board allenarly And ordains the tutor to make payment instantly of the Soume of Two Hundereth merks therof for the said present Viscount his aliment and intertainment in bed and board with his pedagogwe and page till the terme of whittsonday next to come And therefter at two termes in the yeir whittsonday and Mertimes per advance be equall portiones Dureing the said Viscount his pupillaritie And Sicklyke modifies and appointes the Soume of Twentie five hundereth merks yeirly to be payed by the said Robert now Viscownt of Arbuthnet and Alexander Arbuthnet of Knox his tutor in Law for his interest to the said Earle of Southerland for the aliment and education of the Saids other six childrein above named besyde the Air And that att two termes in the yeir Mertimes and whittsonday per advance be equall portiones Beginning the first termes payment of the said twentie five Hundereth merks for the aliment and educatione of the said Six childrein besyde the Air at the date heirof for the terme of Mertimes Last bypast to the terme of whittsonday next to come And from thencefurth yeirly and termly at the foirsaids two termes to be payed per advance as said is Dureing the Said Six childrein ther respective pupillarities And ordaines the clerks of Cownsell to deliver up to aither pairtie the papers mutuallie produced by them to The comitties appointed in the said mater And the saids Lords Doe heirby recall the former interloquitor pronunced by them in this affair upon the thretteinth day of december Last And appoints the Same to be cancelled and distroyed And Declaires it to make no faith in Judgement nor outwith the Same in tyme comeing And sicharges extracting or booking therof And ordaines Letters of horning on fiftein dayes and other executorialls needfull to be direct heirupon in forme as effeirs

1. NRS, PC2/26, 113v-115r.

1. NRS, PC2/26, 113v-115r.

Act, 4 February 1696, Edinburgh

Att Edinburgh the fourth day of February Jaj vic nyntie six yeirs

D1696/2/31

Act

Act David Profeit in Dundie

Anent the petitione given in to the Lords of his majesties privie Counsell be David Proffett merchand in Dwndie Shewing That wher the petitioner in the beginning of October Last haveing had by him some broken and burnt money And some cobbs And haveing then melted the same Downe and putt in Litle Lignets about Six pound weight per peic And haveing then presented them to William Bower clerk to His Majesties mynt to be coyned and accordingly presented the said Lignets and didgets them booked and weighed in the mint for ther due course of being coyned But the clerk of the mint Declaireing that he had receaved soe much Silver befor that he could not gett them presently coyned And the lignets being small in caise of miscariadge desyred the petitioner to take back the Lignets and to Keep them by himself untill the due course for coyning them were come And the petitioner not haveing occasione to be in Edinburgh till now and haveing offered the same to the maister of the mynt he refwised to accept therof without a warrand from The Lords of his majesties privie Counsell in respect ther was of the current coyn in the lignets altho the same was weighed and booked in the mynt two moneths prior to the act of Counsell dischargeing the same to export the Lignets the saids Lords of privie Counsell knowes it is not allowable to Sell them as they are neither can it be Doubted without a great dale of Loss because the Silver is in Lignet the said Lignet is the most pairt of what the petitioner hes in the world of Stock which now lyes dead and is lyke to breake the petitioners credit for want of the wse of the money if the saids Lords Doe not grant the foirsaid petitione the Loss that the petitioner will sustaine by it considering many other Losses he hath Lately Sustained will help to rwine the petitioner and his familie As the said petitione bears The saids Lords of his majesties privie Cownsell haveing considered the above petitione given in be the said David Proffett They doe heirby allow and grant warrand to the maister of his majesties mint to receave from the petitioner the Lignets mentioned in the petitione And appoints the same to be coyned And the current money thereof to be delivered to the petitioner in the wswall maner

Att Edinburgh the fourth day of February Jaj vic nyntie six yeirs

D1696/2/31

Act

Act David Profeit in Dundie

Anent the petitione given in to the Lords of his majesties privie Counsell be David Proffett merchand in Dwndie Shewing That wher the petitioner in the beginning of October Last haveing had by him some broken and burnt money And some cobbs And haveing then melted the same Downe and putt in Litle Lignets about Six pound weight per peic And haveing then presented them to William Bower clerk to His Majesties mynt to be coyned and accordingly presented the said Lignets and didgets them booked and weighed in the mint for ther due course of being coyned But the clerk of the mint Declaireing that he had receaved soe much Silver befor that he could not gett them presently coyned And the lignets being small in caise of miscariadge desyred the petitioner to take back the Lignets and to Keep them by himself untill the due course for coyning them were come And the petitioner not haveing occasione to be in Edinburgh till now and haveing offered the same to the maister of the mynt he refwised to accept therof without a warrand from The Lords of his majesties privie Counsell in respect ther was of the current coyn in the lignets altho the same was weighed and booked in the mynt two moneths prior to the act of Counsell dischargeing the same to export the Lignets the saids Lords of privie Counsell knowes it is not allowable to Sell them as they are neither can it be Doubted without a great dale of Loss because the Silver is in Lignet the said Lignet is the most pairt of what the petitioner hes in the world of Stock which now lyes dead and is lyke to breake the petitioners credit for want of the wse of the money if the saids Lords Doe not grant the foirsaid petitione the Loss that the petitioner will sustaine by it considering many other Losses he hath Lately Sustained will help to rwine the petitioner and his familie As the said petitione bears The saids Lords of his majesties privie Cownsell haveing considered the above petitione given in be the said David Proffett They doe heirby allow and grant warrand to the maister of his majesties mint to receave from the petitioner the Lignets mentioned in the petitione And appoints the same to be coyned And the current money thereof to be delivered to the petitioner in the wswall maner

1. NRS, PC2/26, 113r-113v.

1. NRS, PC2/26, 113r-113v.

Act, 4 February 1696, Edinburgh

Att Edinburgh the fourth day of February Jaj vic nyntie six yeirs

D1696/2/21

Act

Act Alexander Cwningham

Anent the petitione given in to the Lords of his majesties privie Counsell be Alexander Cwningham Provest of Air Shewing That wher in persweance and conforme to the Liberty granted by the Lords of privie Counsells proclamatione allowing the importing of meall from Ireland untill the first day of febrwary then next to come now Last bypast The petitioner haveing fraughted vessells from Ireland and Loadned aboard of them a certaine qwantitie of oat meall to have bein imported to the westerne shyres of this kingdome for Supplieing and releiff of the wants and necessities of the poor in that countrey The Saids vessells and Loadning hath bein detained upon the coast of Ireland by the violent Stormy and tempestwous weather untill the Day prefixed in the foirsaid proclamation is elapsed Wherfor necessar it is for the petitioner to have the Saids Lords of privie Counsells allowance and permissione for importing the foirsaid meall which otherwayes will be intirely Lost to the petitioner and the countrie reduced to great extremities for want of ther expected Supplies As the Said petitione bears The Saids Lords of his majesties privie Counsell haveing considered the above petitione given in to them be the said Alexander Cwningham They heirby allow the petitioner to import the above qwantities of meall alreadie Loadned in Ireland for his wse befor the day prefixed in the proclamatione was elapsed And discharges all collectors and wthers to seaze therupon or medle therwith notwithstanding of the foirsaid proclamatione

Att Edinburgh the fourth day of February Jaj vic nyntie six yeirs

D1696/2/21

Act

Act Alexander Cwningham

Anent the petitione given in to the Lords of his majesties privie Counsell be Alexander Cwningham Provest of Air Shewing That wher in persweance and conforme to the Liberty granted by the Lords of privie Counsells proclamatione allowing the importing of meall from Ireland untill the first day of febrwary then next to come now Last bypast The petitioner haveing fraughted vessells from Ireland and Loadned aboard of them a certaine qwantitie of oat meall to have bein imported to the westerne shyres of this kingdome for Supplieing and releiff of the wants and necessities of the poor in that countrey The Saids vessells and Loadning hath bein detained upon the coast of Ireland by the violent Stormy and tempestwous weather untill the Day prefixed in the foirsaid proclamation is elapsed Wherfor necessar it is for the petitioner to have the Saids Lords of privie Counsells allowance and permissione for importing the foirsaid meall which otherwayes will be intirely Lost to the petitioner and the countrie reduced to great extremities for want of ther expected Supplies As the Said petitione bears The Saids Lords of his majesties privie Counsell haveing considered the above petitione given in to them be the said Alexander Cwningham They heirby allow the petitioner to import the above qwantities of meall alreadie Loadned in Ireland for his wse befor the day prefixed in the proclamatione was elapsed And discharges all collectors and wthers to seaze therupon or medle therwith notwithstanding of the foirsaid proclamatione

1. NRS, PC2/26, 112v-113r.

1. NRS, PC2/26, 112v-113r.

Sederunt, 4 February 1696, Edinburgh

Att Edinburgh the fourth day of February Jaj vic nyntie six yeirs1

D1696/2/12

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Lauderdale; Earl of Forfar; Earl of Kintore; Lord Carmichael; Lord Polwarth; Lord Justice clerk; Laird of Grant; Laird of Blackbarrony; Laird of Leyes; Sir Thomas Livingston; Sir George Campbell

Att Edinburgh the fourth day of February Jaj vic nyntie six yeirs1

D1696/2/12

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Lauderdale; Earl of Forfar; Earl of Kintore; Lord Carmichael; Lord Polwarth; Lord Justice clerk; Laird of Grant; Laird of Blackbarrony; Laird of Leyes; Sir Thomas Livingston; Sir George Campbell

1. NRS, PC2/26, 112r

2. NRS, PC2/26, 112r.

1. NRS, PC2/26, 112r

2. NRS, PC2/26, 112r.

Commission by the Council, 4 February 1696, Edinburgh

At Edinburgh the fourth day of February Jaj vjc nynty and sex years

A1696/2/31

Commission by the Council

Commission for trying Drumsuy and his Deputs anent Irish meall

The Lords of his Majesties privie Councill considering that they by their former Commissions granted by them to David Crafurd of Drumsuy and to his Deputs and servants and others to be appoynted by him, for whom by the tenor of the said Commissione he is to be answerable They Have given full power authority and Commissione to seize and apprehend all irish victuall imported to this Kingdome within the bounds specified in the said Comissiones And to stave suill and distroy the Victuall imported into this Kingdome within the bounds specified in the said Comissiones, and to take the boats barks and other vessells wherein the samine shall be imported and dispose therupon at their pleasure And the said Lords being informed That the said David Crafurd of Drunsuy and his Deputs servants and others imployed by him and for whom Conforme to the Tenor of the Commissiones he is answereable as said is Have been remiss and negligent in exerciseing the power Committed to them by the said Commissions and that He or his said deputs and servants hes contrair to the Tenor of the said Commissions and bonds given by him and his Cautioner at the granting thereof suffered and permitted diverse and sundrie persons to import Irish victuall into this Kingdome at Least Have Connived at the importatione thereof Therfore and to the effect the trueth of this matter may the better appear and be knowen The hereby give full power and Commissione to the persones afternamed and ilk ane of them for the respective places and bounds afterspecified viz To the Magistrats of Glasgow for the toune of Glasgow and suburbs thereof To the Magistrats of Renfrew for the toune and paroch of Renfrew To the Magistrats of Dumbartoune for the toune and paroch of Dumbartone To the Baillie of the Regality of Lennox […] Noble of Ferune and Claud Hamilton of Baines for the Paroches of Cardross and Kilpatrick To Sir John Campbell of Carrick for the Isle of Roseneath To John McCarter of Milntoune for the paroch of Dinnoon To the shirriff deput of the shyre of Argyle and magistrats of the burghs of Inverairy for the Toune of Inverairy and places adjacent thereto John Campbell of Kildallin and the Baillies of Lochhead for the toune and adjacent Bounds of Kintire To Sir James Stueart Shirriff of Boot […] Bannantyn of Kaimes and the magistrats of Rothesay for the Isle of Boot To the Duke of Hamilton Baillie of Arran for the Isle of Arran To the Baillie of the Regality of Glasgow for the toune and paroch of Govan To the Laird of Houstoune younger and the toune of Glasgow’s Baillie at Newport Glasgow for the toune of Newwark and paroch of Kilmacomb To the Lairds of Greenock and Crafurdsburne for the paroch of Greenock To the Laird of Blackhall The Laird of Kellie younger William Cunynghame Brother to Gilbertfeild for the paroch of Innerkipp To the Lairds of Kelburne Bishoptoune younger Hunterstoune Kellie elder and Auchinnames for the paroches of Largs and […] to the Lairds of Hunterstoune Akinyeards and John Park of Litledubb for the Bounds from the Largs to Kilwinning To the magistrats of Irvine Sir William Cunynghame of Cunynghamehead and the Baillie of Cunynghame for the tounes and paroches of Irveing and Kilwinning to the Lairds of Corsbie Adamtoune younger and William Baillie of Munktoune for the bounds from Irveing to Ayre To the magistrats of Ayre William Cunynghame of Brounehill and William Mctaggart merchants there for the Toune and paroch of Ayre To James Ross of Garvan and John Muir Late Provost of Ayre for the bounds from Ayre to the Toune of Garvan To James Agnew younger of Lochnaw and Mr William Fullertoune from the bounds from the Mule of Galloway to Ballantrae To the magistrats of Stranrawer for the toune of Stranrawer To call before them and examine and take the declarations of all such persons liveing within the respective bounds foresaid as the shall think fitt and to interrogat them upon the Interrogators following viz primo if it Consists with their knowledge that Drumsie or his Deputs did grant any Licencies for importing victuall from Ireland and if they did That they declaire what Compositione or good deed He or his deputs did take for the granting of the said Licences secundo If Drumsuy or his Deputs did connive at and know of the importing of victuall from Ireland and if they did not transact and agree with the persones who did import the same Tertio If the did not exact sums of money from the Boatmen and owners of the boats in which the Irish victuall was imported and did delyver back the said boats in which the Irish victuall was imported and if the did not make transactions of this nature for the same boat oftner then once Quarto If Drumsuie and his deputs or any of them did know where the victuall imported was and did not make seizure therof Quinto That the declaire in generall when they know concerning the exactiones imposed by Drumsuy or his deputs upon merchants or others who did import the said Irish victuall sexto That they be speciall as to the precise tyme that is that they condescend upon the moneth and year persons and sums and the witneses who will prove the matters of fact condescended upon and Lastly upon such other interrogators as the said Commissioners or any of them shall think fitt to propose to the persones who shall appear before them anent Drumsuy and his Deputs servants and others imployed by him their malversatione In suffering the importatione of Irish or other forraigne victuall into this Kingdome by Collusione or otherwayes and what exactiones of money by way of Compositione or otherwayes they have made upon any of his majesties Leidges upon pretence of their haveing right to the boats barks or vessells imployed in importing the said victuall or as fynes for the Causes foresaid or transactions upon that account with power to the said Commissioners to Issue furth precepts for Ceitting of the persones foresaid within the respective bounds above set doune To appear before them upon such dayes as they shall appoynt betwixt and the fyfteen day of march next to come with certificatione to the persons ceitted that if they failzie to appear before the said Commissioners or compearing shall refuise to give informatione and declare what they know in the matters foresaid That they shall be Called and Conveened before the said Lords of his majesties privy Councill and be punished as Contraveeners of the Lawes and acts of parliament made against the importing of Irish or other forraigne victuall with power to the Commissioners foresaid within their respective bounds above set doune To put the refuisers under sufficient Cautione to appear before the said Lords of privie Councill upon the first tuesday of the moneth of Apryll next with power lykewayes to the said Commissioners to elect and Choise ther owne Clerk within their respective bounds for quhom they shall be answerable And appoynts the said Commissioners ther Clark to draw up the examinations and declarations of the persons foresaid within their respective bounds authentickly in wryt and Cause the parties subscryve the same and transmitt the same subscryved also by the Comissioners and ther Clark in ther respective bounds to the said Lords of privy Councill And Hereby declare That the Examinationes or declarations to be emitted by the persons foresaid shall noe wayes militat nor be made use of against the said persones themselves at any tyme Comeing and allow’s thir presents to be printed And appoynts his majesties sollicitor to send printed Coppies thereof to the severall Commissioners therein contained sic subscribitur Tweeddale Cancel Southerland Kintore Carmichaell Polwarth Adam Cockburne Lodovick Grant Archibald Murray T Burnett.

At Edinburgh the fourth day of February Jaj vjc nynty and sex years

A1696/2/31

Commission by the Council

Commission for trying Drumsuy and his Deputs anent Irish meall

The Lords of his Majesties privie Councill considering that they by their former Commissions granted by them to David Crafurd of Drumsuy and to his Deputs and servants and others to be appoynted by him, for whom by the tenor of the said Commissione he is to be answerable They Have given full power authority and Commissione to seize and apprehend all irish victuall imported to this Kingdome within the bounds specified in the said Comissiones And to stave suill and distroy the Victuall imported into this Kingdome within the bounds specified in the said Comissiones, and to take the boats barks and other vessells wherein the samine shall be imported and dispose therupon at their pleasure And the said Lords being informed That the said David Crafurd of Drunsuy and his Deputs servants and others imployed by him and for whom Conforme to the Tenor of the Commissiones he is answereable as said is Have been remiss and negligent in exerciseing the power Committed to them by the said Commissions and that He or his said deputs and servants hes contrair to the Tenor of the said Commissions and bonds given by him and his Cautioner at the granting thereof suffered and permitted diverse and sundrie persons to import Irish victuall into this Kingdome at Least Have Connived at the importatione thereof Therfore and to the effect the trueth of this matter may the better appear and be knowen The hereby give full power and Commissione to the persones afternamed and ilk ane of them for the respective places and bounds afterspecified viz To the Magistrats of Glasgow for the toune of Glasgow and suburbs thereof To the Magistrats of Renfrew for the toune and paroch of Renfrew To the Magistrats of Dumbartoune for the toune and paroch of Dumbartone To the Baillie of the Regality of Lennox […] Noble of Ferune and Claud Hamilton of Baines for the Paroches of Cardross and Kilpatrick To Sir John Campbell of Carrick for the Isle of Roseneath To John McCarter of Milntoune for the paroch of Dinnoon To the shirriff deput of the shyre of Argyle and magistrats of the burghs of Inverairy for the Toune of Inverairy and places adjacent thereto John Campbell of Kildallin and the Baillies of Lochhead for the toune and adjacent Bounds of Kintire To Sir James Stueart Shirriff of Boot […] Bannantyn of Kaimes and the magistrats of Rothesay for the Isle of Boot To the Duke of Hamilton Baillie of Arran for the Isle of Arran To the Baillie of the Regality of Glasgow for the toune and paroch of Govan To the Laird of Houstoune younger and the toune of Glasgow’s Baillie at Newport Glasgow for the toune of Newwark and paroch of Kilmacomb To the Lairds of Greenock and Crafurdsburne for the paroch of Greenock To the Laird of Blackhall The Laird of Kellie younger William Cunynghame Brother to Gilbertfeild for the paroch of Innerkipp To the Lairds of Kelburne Bishoptoune younger Hunterstoune Kellie elder and Auchinnames for the paroches of Largs and […] to the Lairds of Hunterstoune Akinyeards and John Park of Litledubb for the Bounds from the Largs to Kilwinning To the magistrats of Irvine Sir William Cunynghame of Cunynghamehead and the Baillie of Cunynghame for the tounes and paroches of Irveing and Kilwinning to the Lairds of Corsbie Adamtoune younger and William Baillie of Munktoune for the bounds from Irveing to Ayre To the magistrats of Ayre William Cunynghame of Brounehill and William Mctaggart merchants there for the Toune and paroch of Ayre To James Ross of Garvan and John Muir Late Provost of Ayre for the bounds from Ayre to the Toune of Garvan To James Agnew younger of Lochnaw and Mr William Fullertoune from the bounds from the Mule of Galloway to Ballantrae To the magistrats of Stranrawer for the toune of Stranrawer To call before them and examine and take the declarations of all such persons liveing within the respective bounds foresaid as the shall think fitt and to interrogat them upon the Interrogators following viz primo if it Consists with their knowledge that Drumsie or his Deputs did grant any Licencies for importing victuall from Ireland and if they did That they declaire what Compositione or good deed He or his deputs did take for the granting of the said Licences secundo If Drumsuy or his Deputs did connive at and know of the importing of victuall from Ireland and if they did not transact and agree with the persones who did import the same Tertio If the did not exact sums of money from the Boatmen and owners of the boats in which the Irish victuall was imported and did delyver back the said boats in which the Irish victuall was imported and if the did not make transactions of this nature for the same boat oftner then once Quarto If Drumsuie and his deputs or any of them did know where the victuall imported was and did not make seizure therof Quinto That the declaire in generall when they know concerning the exactiones imposed by Drumsuy or his deputs upon merchants or others who did import the said Irish victuall sexto That they be speciall as to the precise tyme that is that they condescend upon the moneth and year persons and sums and the witneses who will prove the matters of fact condescended upon and Lastly upon such other interrogators as the said Commissioners or any of them shall think fitt to propose to the persones who shall appear before them anent Drumsuy and his Deputs servants and others imployed by him their malversatione In suffering the importatione of Irish or other forraigne victuall into this Kingdome by Collusione or otherwayes and what exactiones of money by way of Compositione or otherwayes they have made upon any of his majesties Leidges upon pretence of their haveing right to the boats barks or vessells imployed in importing the said victuall or as fynes for the Causes foresaid or transactions upon that account with power to the said Commissioners to Issue furth precepts for Ceitting of the persones foresaid within the respective bounds above set doune To appear before them upon such dayes as they shall appoynt betwixt and the fyfteen day of march next to come with certificatione to the persons ceitted that if they failzie to appear before the said Commissioners or compearing shall refuise to give informatione and declare what they know in the matters foresaid That they shall be Called and Conveened before the said Lords of his majesties privy Councill and be punished as Contraveeners of the Lawes and acts of parliament made against the importing of Irish or other forraigne victuall with power to the Commissioners foresaid within their respective bounds above set doune To put the refuisers under sufficient Cautione to appear before the said Lords of privie Councill upon the first tuesday of the moneth of Apryll next with power lykewayes to the said Commissioners to elect and Choise ther owne Clerk within their respective bounds for quhom they shall be answerable And appoynts the said Commissioners ther Clark to draw up the examinations and declarations of the persons foresaid within their respective bounds authentickly in wryt and Cause the parties subscryve the same and transmitt the same subscryved also by the Comissioners and ther Clark in ther respective bounds to the said Lords of privy Councill And Hereby declare That the Examinationes or declarations to be emitted by the persons foresaid shall noe wayes militat nor be made use of against the said persones themselves at any tyme Comeing and allow’s thir presents to be printed And appoynts his majesties sollicitor to send printed Coppies thereof to the severall Commissioners therein contained sic subscribitur Tweeddale Cancel Southerland Kintore Carmichaell Polwarth Adam Cockburne Lodovick Grant Archibald Murray T Burnett.

1. NRS, PC1/50, 327-30.

1. NRS, PC1/50, 327-30.

Procedure, 4 February 1696, Edinburgh

At Edinburgh the fourth day of February Jaj vjc nynty and sex years

A1696/2/21

Procedure

Approbatione of Lord Chancellors imprisoning Recruits in Castles of Edinburgh and Stirling

The Lord high Chancellor acquainted the Councill that to the effect the three Hundred and fiftie Recruits which Last Councill day were ordered to the Cassills of Edinburgh Stirling and other Prisons may be keept from running away and guarded with the more ease and Less trouble His Lordship hes signed ane ordor for secureing all these recruits in the Castle of Edinburgh and Stirling onlie In respect it will take too many forces to guaird the small prisones and the prisoners will be readie to make their Escapes and the Councill approved of what the Lord Chancellor had done in this matter

At Edinburgh the fourth day of February Jaj vjc nynty and sex years

A1696/2/21

Procedure

Approbatione of Lord Chancellors imprisoning Recruits in Castles of Edinburgh and Stirling

The Lord high Chancellor acquainted the Councill that to the effect the three Hundred and fiftie Recruits which Last Councill day were ordered to the Cassills of Edinburgh Stirling and other Prisons may be keept from running away and guarded with the more ease and Less trouble His Lordship hes signed ane ordor for secureing all these recruits in the Castle of Edinburgh and Stirling onlie In respect it will take too many forces to guaird the small prisones and the prisoners will be readie to make their Escapes and the Councill approved of what the Lord Chancellor had done in this matter

1. NRS, PC1/50, 327.

1. NRS, PC1/50, 327.

Sederunt, 4 February 1696, Edinburgh

At Edinburgh the fourth day of February Jaj vjc nynty and sex years1

A1696/2/12

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Lauderdale; Earl of Forfare; Earl of Kintore; Lord Carmichaell; Lord Polwarth; Lord Justice Clerk; Laird of Grant; Laird of Blackbarrony; Laird of Leyes; Sir Thomas Livingstoune; Sir George Campbell

At Edinburgh the fourth day of February Jaj vjc nynty and sex years1

A1696/2/12

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Lauderdale; Earl of Forfare; Earl of Kintore; Lord Carmichaell; Lord Polwarth; Lord Justice Clerk; Laird of Grant; Laird of Blackbarrony; Laird of Leyes; Sir Thomas Livingstoune; Sir George Campbell

1. NRS, PC1/50, 327.

2. NRS, PC1/50, 327.

1. NRS, PC1/50, 327.

2. NRS, PC1/50, 327.