Act, 6 April 1697, Edinburgh

Att Edinburgh the Sixth day of Aprile Jaj vic nyntie seven yeirs

D1697/4/21

Act

Act Lady Graiden Against Leivetennent Chiseholm

Anent the petitione given in to the Lords of his majesties privie Counsell be Hellen Johnstoun Lady Graiden Shewing That wher the deceast Archibald Home Late Leivetennent Collonell to The Lord Lorn his regiment in Flanders her only Son haveing Dyed in Flanders by a Shott he receaved from the enemie in Namure He befor his decease Did by his Letter will nominat her2 dureing her lifetyme to Succeed to him as to what money was resting and owing to him any maner of way of his own acqwyreing And did recommend to Mr Graham agent for the said regiment what money was due to the petitioners son for her behoove due by the said regiment Conforme to ane accompt on the back of the said Letter will therwith prodwced In persewance wherof when Mr Graham was here in Scottland the petitioner did with her freinds meet and conveene with him who did own that he had intrometted with his horses eqwipage and some money But could not fullie cleare untill Mr Chiseholme the paymaister to the regiment were with him who haveing come to this place the petitioner endeavoured to have had a meeting with them But when Mr Graham heard Mr Chiseholme was come he imediatlie went off for London so that the petitioner was necessitat to follow and is now persweing for what was due by the said regiment befor the high Court Marishall in England and haveing lyen ther to my great expensses in prosecuteing the same Ther is a warrand from the said High court direct to the Viscount of Tiviot Ordering Mr Chiseholme to be furthwith Sent up that the mater may be examined In complyance to which order His Lordship did send for Mr Chiseholme and did intimat the said order to him who refwises to give obedience therto And it being impossible for the petitioner to gett her affaires ended wnles that Mr Chiseholme be sent up to ansuer to her claime Mr Graham Shifting upon that accompt And therfore humblie craveing to the effect eftermentioned As the Said petition bears The Saids Lords of his majesties privie Counsell haveing considered the above petition They heirby appoint the above James Chiseholme imediatlie to give3 bond and find Sufficient Cautione acted in the books of privie Counsell that (health serveing) he Shall appear and sist himself befor the High court marishall in England betuixt and the first day of May next to come wnder the penaltie of Ane Hundereth pund Sterleing besydes performance And ordaines Macers or messingers at armes to apprehend and incarcerar the said James Chiseholme in the tollbwith of Edinburgh or in the next prisone wher he beis apprehended wntill he give bond and find Cawtione in maner foirsaid

Att Edinburgh the Sixth day of Aprile Jaj vic nyntie seven yeirs

D1697/4/21

Act

Act Lady Graiden Against Leivetennent Chiseholm

Anent the petitione given in to the Lords of his majesties privie Counsell be Hellen Johnstoun Lady Graiden Shewing That wher the deceast Archibald Home Late Leivetennent Collonell to The Lord Lorn his regiment in Flanders her only Son haveing Dyed in Flanders by a Shott he receaved from the enemie in Namure He befor his decease Did by his Letter will nominat her2 dureing her lifetyme to Succeed to him as to what money was resting and owing to him any maner of way of his own acqwyreing And did recommend to Mr Graham agent for the said regiment what money was due to the petitioners son for her behoove due by the said regiment Conforme to ane accompt on the back of the said Letter will therwith prodwced In persewance wherof when Mr Graham was here in Scottland the petitioner did with her freinds meet and conveene with him who did own that he had intrometted with his horses eqwipage and some money But could not fullie cleare untill Mr Chiseholme the paymaister to the regiment were with him who haveing come to this place the petitioner endeavoured to have had a meeting with them But when Mr Graham heard Mr Chiseholme was come he imediatlie went off for London so that the petitioner was necessitat to follow and is now persweing for what was due by the said regiment befor the high Court Marishall in England and haveing lyen ther to my great expensses in prosecuteing the same Ther is a warrand from the said High court direct to the Viscount of Tiviot Ordering Mr Chiseholme to be furthwith Sent up that the mater may be examined In complyance to which order His Lordship did send for Mr Chiseholme and did intimat the said order to him who refwises to give obedience therto And it being impossible for the petitioner to gett her affaires ended wnles that Mr Chiseholme be sent up to ansuer to her claime Mr Graham Shifting upon that accompt And therfore humblie craveing to the effect eftermentioned As the Said petition bears The Saids Lords of his majesties privie Counsell haveing considered the above petition They heirby appoint the above James Chiseholme imediatlie to give3 bond and find Sufficient Cautione acted in the books of privie Counsell that (health serveing) he Shall appear and sist himself befor the High court marishall in England betuixt and the first day of May next to come wnder the penaltie of Ane Hundereth pund Sterleing besydes performance And ordaines Macers or messingers at armes to apprehend and incarcerar the said James Chiseholme in the tollbwith of Edinburgh or in the next prisone wher he beis apprehended wntill he give bond and find Cawtione in maner foirsaid

1. NRS, PC2/26, 343r-343v.

2. Insertion.

3. Corrected from ‘gigve’.

1. NRS, PC2/26, 343r-343v.

2. Insertion.

3. Corrected from ‘gigve’.

Sederunt, 6 April 1697, Edinburgh

Att Edinburgh the Sixth day of Aprile Jaj vic nyntie seven yeirs1

D1697/4/12

Sederunt

Lord Chancellor; Earl of Lauderdale; Earl of Annandale; Earl of Forffar; Lord Yester; Lord John Hamilton; Viscount Tiviot; Lord Carmichael; Lord Advocat; Lord Justice clerk; Lord Anstruther; Mr Fra: Montgomery; Laird of Cessnock

Att Edinburgh the Sixth day of Aprile Jaj vic nyntie seven yeirs1

D1697/4/12

Sederunt

Lord Chancellor; Earl of Lauderdale; Earl of Annandale; Earl of Forffar; Lord Yester; Lord John Hamilton; Viscount Tiviot; Lord Carmichael; Lord Advocat; Lord Justice clerk; Lord Anstruther; Mr Fra: Montgomery; Laird of Cessnock

1. NRS, PC2/26, 342v.

2. NRS, PC2/26, 343r.

1. NRS, PC2/26, 342v.

2. NRS, PC2/26, 343r.

Act, 6 April 1697, Edinburgh

Att Edinburgh the sixth day of Aprile Jaj vic nyntie seven years

A1697/4/121

Act

Act Recalling Cessnocks warrand for Sheep

The Lords of his Majesties privie Councill Doe heirby Recall the warrand Granted yesterday to Sir George Campbell of Cessnock for Importing from Ireland six score sheep for plenishing his parks.

Att Edinburgh the sixth day of Aprile Jaj vic nyntie seven years

A1697/4/121

Act

Act Recalling Cessnocks warrand for Sheep

The Lords of his Majesties privie Councill Doe heirby Recall the warrand Granted yesterday to Sir George Campbell of Cessnock for Importing from Ireland six score sheep for plenishing his parks.

1. NRS, PC1/51, 162.

1. NRS, PC1/51, 162.

Act, 6 April 1697, Edinburgh

Att Edinburgh the sixth day of Aprile Jaj vic nyntie seven years

A1697/4/111

Act

Liberation Baillie Brand

Anent the petition Given in to the Lords of his Majesties privie Councill By Alexander Brand merchant in Edinburgh Sheuing that the petitioner being by their Lordships sentence fyned in Fyve hundred pounds sterling and Committed to prison ther to remaine during their Lordships pleasure And the petitioner Having sustained severall Considerable Losses since his Imprisonment by ship wrack and bad debitors which is knouen to severalls of their Lordships number And being Much the petitioners Interest to be att Libertie to Looke after his affairs and to Enable him to satisfie their Lordships sentence And therfore Humblie Craving their Lordships to order the petitioners Liberatione and to take his Case unto their Consideration by modifying his fyne And the petitioner is Content to find sufficient Cautione for what their Lordships shall determine him to pay therof Hoping their Lordships will Give him a Competent tyme for doing the same as the said petitione Bears The saids Lords of his Majesties privie Councill Having Considered this petitione given in to them by the said Baillie Brand They hereby Give order and warrand to the Magistrats of Edinburgh and Keeper of there tolbooth to sett the petitioner at Libertie furth therof In respect the petitioner Hath first Given bond and found sufficient Cautione acted in the bookes of privie Councill to make payment to his Majesties Generall Receaver of the soume of Fyve hundreth pounds sterling of fyne decerned against him by decreit of privy Councill dated the sixteenth day of March Jaj vic nyntie seven And that betuixt the feast and terme of Whitsunday nixt to Come with ane Hundreth pounds sterling of penaltie and annual rent since the first of Aprile instant.

Att Edinburgh the sixth day of Aprile Jaj vic nyntie seven years

A1697/4/111

Act

Liberation Baillie Brand

Anent the petition Given in to the Lords of his Majesties privie Councill By Alexander Brand merchant in Edinburgh Sheuing that the petitioner being by their Lordships sentence fyned in Fyve hundred pounds sterling and Committed to prison ther to remaine during their Lordships pleasure And the petitioner Having sustained severall Considerable Losses since his Imprisonment by ship wrack and bad debitors which is knouen to severalls of their Lordships number And being Much the petitioners Interest to be att Libertie to Looke after his affairs and to Enable him to satisfie their Lordships sentence And therfore Humblie Craving their Lordships to order the petitioners Liberatione and to take his Case unto their Consideration by modifying his fyne And the petitioner is Content to find sufficient Cautione for what their Lordships shall determine him to pay therof Hoping their Lordships will Give him a Competent tyme for doing the same as the said petitione Bears The saids Lords of his Majesties privie Councill Having Considered this petitione given in to them by the said Baillie Brand They hereby Give order and warrand to the Magistrats of Edinburgh and Keeper of there tolbooth to sett the petitioner at Libertie furth therof In respect the petitioner Hath first Given bond and found sufficient Cautione acted in the bookes of privie Councill to make payment to his Majesties Generall Receaver of the soume of Fyve hundreth pounds sterling of fyne decerned against him by decreit of privy Councill dated the sixteenth day of March Jaj vic nyntie seven And that betuixt the feast and terme of Whitsunday nixt to Come with ane Hundreth pounds sterling of penaltie and annual rent since the first of Aprile instant.

1. NRS, PC1/51, 161-2.

1. NRS, PC1/51, 161-2.

Act, 6 April 1697, Edinburgh

Att Edinburgh the sixth day of Aprile Jaj vic nyntie seven years

A1697/4/101

Act

Act Anent the deficients of the Levy (96) by the shires of Air and Renfrew

Anent the Memoriall given in to the Lords of his Majesties privie Councill By Colonell George Hamilton Sheuing That the shires of Air and Renfrew being Complexly Lyable in sixtie six men or fourtie shillings for each for the recruiting Levies of this present year and which fell by Lott to the royall regiment Commanded by the Earle of Orknay And the officers having only receaved Fourtie Eight men from Air and sixteen from Renfrew by reason the other tuo Men did lye in dispute betuixt these tuo Shires The Lords of his Majesties privy Councill appointed the Commissioners of both shires to meet and adjust the difference But they have Given noe obedience nor is ther any satisfaction made for for the said tuo men It is therfore Humblie begged that the saids Right honourable Lords The Lords of his Majesties privy Councill would be pleased to Recommend to the Lords of the Thesaury to advance the saids fourtie shillings sterling for each of the saids tuo men upon assignment therof against any of the saids shires who shall be found lyable therfore That in the mean tyme his Majesties service be not delayed nor prejudiced by the difference betuixt the saids shires as the said Memoriall Bears The saids Lords of his Majesties privie Councill Having Considered the above Memoriall Given into them by Collonell George Hamilton They heirby appoint the heretors of the shires of Air and Renfrew to meet upon the tuenty second day of April Instant at their respective head burghs And to adjust and make effectuall the tuo men due and in Contraversie by the saids shires for the failzie the saids Lords uill decerne each of the saids shires Lyable in one man and order the same to be made effectuall In the termes prescryved By the acts of parliament and former proclamations of privie Councill.

Att Edinburgh the sixth day of Aprile Jaj vic nyntie seven years

A1697/4/101

Act

Act Anent the deficients of the Levy (96) by the shires of Air and Renfrew

Anent the Memoriall given in to the Lords of his Majesties privie Councill By Colonell George Hamilton Sheuing That the shires of Air and Renfrew being Complexly Lyable in sixtie six men or fourtie shillings for each for the recruiting Levies of this present year and which fell by Lott to the royall regiment Commanded by the Earle of Orknay And the officers having only receaved Fourtie Eight men from Air and sixteen from Renfrew by reason the other tuo Men did lye in dispute betuixt these tuo Shires The Lords of his Majesties privy Councill appointed the Commissioners of both shires to meet and adjust the difference But they have Given noe obedience nor is ther any satisfaction made for for the said tuo men It is therfore Humblie begged that the saids Right honourable Lords The Lords of his Majesties privy Councill would be pleased to Recommend to the Lords of the Thesaury to advance the saids fourtie shillings sterling for each of the saids tuo men upon assignment therof against any of the saids shires who shall be found lyable therfore That in the mean tyme his Majesties service be not delayed nor prejudiced by the difference betuixt the saids shires as the said Memoriall Bears The saids Lords of his Majesties privie Councill Having Considered the above Memoriall Given into them by Collonell George Hamilton They heirby appoint the heretors of the shires of Air and Renfrew to meet upon the tuenty second day of April Instant at their respective head burghs And to adjust and make effectuall the tuo men due and in Contraversie by the saids shires for the failzie the saids Lords uill decerne each of the saids shires Lyable in one man and order the same to be made effectuall In the termes prescryved By the acts of parliament and former proclamations of privie Councill.

1. NRS, PC1/51, 161.

1. NRS, PC1/51, 161.

Order, 6 April 1697, Edinburgh

Att Edinburgh the sixth day of Aprile Jaj vic nyntie seven years

A1697/4/91

Order

Recommendation to Deface Earl of Strathmore and Laird of Grants arms from off some armes

The Lords of his Majesties privie Councill Doe heirby Recommend to the Lords Commissioners of his Majesties Thesaury to Cause deface the Laird of Grants name from off the three hundreth fyre locks brought home by Mr William Areskine now lying in the magazine of the Castle of Edinburgh and to Cause Enter them in the magazine books And to Cause Ingrate his Majesties mark upon them And to Cause deface the Earle of Strathmores name from the hundred and tuenty six fyrelocks brought home by Baillie Brand and lying in the said Magazine and Enter them in the magazine books and Cause Ingrave his Majesties mark upon them.

Att Edinburgh the sixth day of Aprile Jaj vic nyntie seven years

A1697/4/91

Order

Recommendation to Deface Earl of Strathmore and Laird of Grants arms from off some armes

The Lords of his Majesties privie Councill Doe heirby Recommend to the Lords Commissioners of his Majesties Thesaury to Cause deface the Laird of Grants name from off the three hundreth fyre locks brought home by Mr William Areskine now lying in the magazine of the Castle of Edinburgh and to Cause Enter them in the magazine books And to Cause Ingrate his Majesties mark upon them And to Cause deface the Earle of Strathmores name from the hundred and tuenty six fyrelocks brought home by Baillie Brand and lying in the said Magazine and Enter them in the magazine books and Cause Ingrave his Majesties mark upon them.

1. NRS, PC1/51, 160-1.

1. NRS, PC1/51, 160-1.

Order, 6 April 1697, Edinburgh

Att Edinburgh the sixth day of Aprile Jaj vic nyntie seven years

A1697/4/81

Order

Recomendation to Give armes to the forces

The Viscount of Teviot Commander in Cheiff of his Majesties forces uithin this Kingdome Having given in to the Lords of his Majesties privie Councill ane Accompt of the fixed fyre armes in the magazine of the Castle of Edinburgh which are for present service uich List of the armes wanting by the standing forces Ther was also a note Given in by the Lord Carmichaell in particular for armes desyred to be exchanged for his regiment The Lords of his Majesties privie Councill Doe heirby Recommend to the Lords Commissioners of his Majesties Thesaurie to Give order and warrand to Cause delyver to the said viscount of Teviott the particular number of armes wanting to the standing forces Conforme to the said List except as to the first article of threttie six fyre Locks wanting to the Lord Carmichaells regiment And to cause delyver to his Lordship the Number of three hundred and tuelve Carrabine fyre Locks which Mr William Areskine brought home wherof Fiftie are to be of those that are Rifled And Recommends to the saids Lords of Thesaury to Give particular orders for receaving In from the said Lord Carmichaells regiment their old armes to be returned in exchange and lay them up in his Majesties magazine in the Castle of Edinburgh.

Att Edinburgh the sixth day of Aprile Jaj vic nyntie seven years

A1697/4/81

Order

Recomendation to Give armes to the forces

The Viscount of Teviot Commander in Cheiff of his Majesties forces uithin this Kingdome Having given in to the Lords of his Majesties privie Councill ane Accompt of the fixed fyre armes in the magazine of the Castle of Edinburgh which are for present service uich List of the armes wanting by the standing forces Ther was also a note Given in by the Lord Carmichaell in particular for armes desyred to be exchanged for his regiment The Lords of his Majesties privie Councill Doe heirby Recommend to the Lords Commissioners of his Majesties Thesaurie to Give order and warrand to Cause delyver to the said viscount of Teviott the particular number of armes wanting to the standing forces Conforme to the said List except as to the first article of threttie six fyre Locks wanting to the Lord Carmichaells regiment And to cause delyver to his Lordship the Number of three hundred and tuelve Carrabine fyre Locks which Mr William Areskine brought home wherof Fiftie are to be of those that are Rifled And Recommends to the saids Lords of Thesaury to Give particular orders for receaving In from the said Lord Carmichaells regiment their old armes to be returned in exchange and lay them up in his Majesties magazine in the Castle of Edinburgh.

1. NRS, PC1/51, 160.

1. NRS, PC1/51, 160.

Sederunt, 6 April 1697, Edinburgh

Att Edinburgh the sixth day of Aprile Jaj vic nyntie seven1 years2

A1697/4/73

Sederunt

Lord Chancelor; Earl of Lauderdale; Earl of Annandale; Earl of Forfar; Lord Yester; Lord John Hamilton; Viscount Teviott; Lord Carmichaell; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Mr Francis Montgomery; Laird of Cessnock

Att Edinburgh the sixth day of Aprile Jaj vic nyntie seven1 years2

Att Edinburgh the sixth day of Aprile Jaj vic nyntie seven\[168\] years1

A1697/4/73

Sederunt

Lord Chancelor; Earl of Lauderdale; Earl of Annandale; Earl of Forfar; Lord Yester; Lord John Hamilton; Viscount Teviott; Lord Carmichaell; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Mr Francis Montgomery; Laird of Cessnock

1. The word ‘eight’ scored out here.

2. NRS, PC1/51, 160.

3. NRS, PC1/51, 160.

1. The word ‘eight’ scored out here.

2. NRS, PC1/51, 160.

3. NRS, PC1/51, 160.