Tag Archives: 6 August 1695

Procedure, 6 August 1695, Edinburgh

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Edinburgh Tuesday the 6th August 1695

D1695/8/81

Procedure

Recommendation anent accompts resting to the Inhabitants of the Western division of Ross

The Lords of his Majesties privy Councill Considering That at the Adviseing of the report of accompts resting to the heritors ten rents and other Inhabitants within the western division of the shire of Ross upon the Twentie fifth day of Jully last They have Recommended to the Commissioners of parliament appointed anent the pole money To Cause make payment to the saids heritors tennents and others forsaids of the said Western Division of Ross of the sum of Two Thousand six hundreth and sixtie two punds one shilling scots as resting be his majesties forces and Garrisones upon Scots pay and that out of the polemoney Deduceing from the said sum the sumes following Viz Two hundreth Fourtie four punds twentie Shilling Eight penies Scots furnished to the Garison of Brachan and two hundred sixtie five punds one shilling four penies Scots furnished to the Garison of Cultaleod, Which two soumes They Refused to allow, unles it were Condescended upon and proven what Scots forces were in these Garrisones and hou much was furnished to each regiment or troupe And the saids Lords haveing seen and Considered a testificat produced to them this day Subscrybed be two of the Commissioners of Supply within the said shyre of Ross Declaireing that Captain William Mckay his independent Company keep Garrison in the said Castle of Cultaleod and that Ballnagouns independent Company keeped Garrison in Brachan Castle, and that ther were no other forces quartered in these Garrisones after their removeall They heirby Recommend to the saids Commissioners of parliament appointed anent the pole money To Cause make payment to the saids heritors tenents and others forsaids of the said sum of Two Thousand six hundereth and sixtie two punds one Shilling Scots without deduction of any of the said two sums formerly appointed to be deduced thereby.

Edinburgh Tuesday the 6th August 1695

D1695/8/81

Procedure

Recommendation anent accompts resting to the Inhabitants of the Western division of Ross

The Lords of his Majesties privy Councill Considering That at the Adviseing of the report of accompts resting to the heritors ten rents and other Inhabitants within the western division of the shire of Ross upon the Twentie fifth day of Jully last They have Recommended to the Commissioners of parliament appointed anent the pole money To Cause make payment to the saids heritors tennents and others forsaids of the said Western Division of Ross of the sum of Two Thousand six hundreth and sixtie two punds one shilling scots as resting be his majesties forces and Garrisones upon Scots pay and that out of the polemoney Deduceing from the said sum the sumes following Viz Two hundreth Fourtie four punds twentie Shilling Eight penies Scots furnished to the Garison of Brachan and two hundred sixtie five punds one shilling four penies Scots furnished to the Garison of Cultaleod, Which two soumes They Refused to allow, unles it were Condescended upon and proven what Scots forces were in these Garrisones and hou much was furnished to each regiment or troupe And the saids Lords haveing seen and Considered a testificat produced to them this day Subscrybed be two of the Commissioners of Supply within the said shyre of Ross Declaireing that Captain William Mckay his independent Company keep Garrison in the said Castle of Cultaleod and that Ballnagouns independent Company keeped Garrison in Brachan Castle, and that ther were no other forces quartered in these Garrisones after their removeall They heirby Recommend to the saids Commissioners of parliament appointed anent the pole money To Cause make payment to the saids heritors tenents and others forsaids of the said sum of Two Thousand six hundereth and sixtie two punds one Shilling Scots without deduction of any of the said two sums formerly appointed to be deduced thereby.

1. NRS, PC2/26, 6r-6v.

1. NRS, PC2/26, 6r-6v.

Procedure, 6 August 1695, Edinburgh

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Edinburgh Tuesday the 6th August 1695

D1695/8/71

Procedure

Recomendation The late Bishope of Ross

Anent the petition given in to the Lords of his Majesties privy Councill be James Late Bishop of Ross and his Spouse Shewing That wheras the petitioners Sustained a Considerable Loss in the year Jaj vic Eightie Nyne and Jaj vic Nyntie which was proved befor the Commissioners of the Shyre And Conform to the act of Councill was transmitted to the honorable board who Comitted the same to two of their number, Which Committie did approve of the probation and referred the same to the full Councill, And Considering that for greater affairs nothing has been don towards the payment of the saids Losses and being informed that ther is a designe to diminish these Losses even as they stand proved And now the petitioners besides ther age being visited with Long Continued Sickness, Which threatens not to allow them the Continuance of life To the time can be expyred that some have designed for procureing their payment And Therfore humbly Desireing the saids Lords would take the premises to their Consideration And seing the noise of this is gone abroad and hinders the kyndnes of others who trusted to their supply out of that which was Expected upon Consideration of these Losses ther Lordships would appoint a speedy and Compleat payment of all the forsaid Losses As the petition bears The Lords of his Majesties privy Councill having Considered this petition given in to them be the late Bishop of Ross and his spouse, They hereby Recommend to the Lords Commissioners of his Majesties thesaury to cause payment be made to the petitioners of that part of the Sums Contained in the Comittie of Councills report and Recommendation of Councill following theron Which is not therby appoynted to be payed out of the polemoney, and that out of such fonds as the saids Lords Shall think fitt.

Edinburgh Tuesday the 6th August 1695

D1695/8/71

Procedure

Recomendation The late Bishope of Ross

Anent the petition given in to the Lords of his Majesties privy Councill be James Late Bishop of Ross and his Spouse Shewing That wheras the petitioners Sustained a Considerable Loss in the year Jaj vic Eightie Nyne and Jaj vic Nyntie which was proved befor the Commissioners of the Shyre And Conform to the act of Councill was transmitted to the honorable board who Comitted the same to two of their number, Which Committie did approve of the probation and referred the same to the full Councill, And Considering that for greater affairs nothing has been don towards the payment of the saids Losses and being informed that ther is a designe to diminish these Losses even as they stand proved And now the petitioners besides ther age being visited with Long Continued Sickness, Which threatens not to allow them the Continuance of life To the time can be expyred that some have designed for procureing their payment And Therfore humbly Desireing the saids Lords would take the premises to their Consideration And seing the noise of this is gone abroad and hinders the kyndnes of others who trusted to their supply out of that which was Expected upon Consideration of these Losses ther Lordships would appoint a speedy and Compleat payment of all the forsaid Losses As the petition bears The Lords of his Majesties privy Councill having Considered this petition given in to them be the late Bishop of Ross and his spouse, They hereby Recommend to the Lords Commissioners of his Majesties thesaury to cause payment be made to the petitioners of that part of the Sums Contained in the Comittie of Councills report and Recommendation of Councill following theron Which is not therby appoynted to be payed out of the polemoney, and that out of such fonds as the saids Lords Shall think fitt.

1. NRS, PC2/26, 5v-6r.

1. NRS, PC2/26, 5v-6r.

Act, 6 August 1695, Edinburgh

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Edinburgh Tuesday the 6th August 1695

D1695/8/61

Act

Act Hew Sandilands baillie of Calder

Anent the petition given in to the Lords of his Majesties privy Councill be Hew Sandilands baillie in Calder Shewing That wher by the saids Lords warrand in may last the petitioner was cited to Compeir before the saids Lords upon the Nynth of Jully therafter To answer to ane Complaint at the instance of his majesties advocat for alledged contempt and high misdemeanor in Dispiseing orders and refuseing to provyde and dispose in quarters some of the officers or dragoons of the Lord Carmichealls regiment in their march throw that bounds, albeit they had provyded furrage for themselves and only asked house-room and for the petitioners not Compeirance their was an Warrand Issued furth to apprehend the petitioner Which accordingly was put in execution And the petitioner Comitted prisoner within the Tolbooth of Edinburgh wherin he still remains as to Which it was humbly Represented That the petitioner haveing received the Citation, He did apply himself to Sir Thomas Livingstoune Major Generall then Comander in Cheiff and the said Lord Carmicheall in presence of Captaine Denholm whose troop it was That was alledged to have been treated so injuriously and did represent to them (as the truth is) That the petitioner was ane Considerable space of before Discharged by the Justices of peace to Midle with the quartering of Soulders or granting billetts to them, and the trust therof Comitted to one Gaving Jamisone, Which the said Gavin did upon all Occasions performe as he was Requyred And in the present case orders haveing come to him to provyde quarters for the said troope in Midle and East Calders, He did draw billetts Accordingly, But when the troope came ther Being only to remaine for a night or two as they pretended they would not divide, and Gavin Jameson not being at home, The Comanding officer did Call for the petitioner and demanded quarters for the wholl troop within Midle Calder To whom the petitioner told that ther was never more quartered in Midle Calder at once then half ane troop and that unless the inhabitants should all part with ther beds It was Imposible to accomodate more And yet Nevertheless for the soulders accomodation and ease He would advyss the Nighbours therto for one night, and which was accordingly done and the soulders accomodate From which representatione, The said Major Generall and Lord Carmichell being Convinced that the Complaint being groundless They did allow Captaine Denholme and Mr David Douglass to siginfie2 to Sir Gilbert Eliot that in their opinion the Complaint Might be lett fall, Which accordingly they did Notwithstanding whereof at the day of Compeirance the petitioner haveing attended which he Could instantly instruct and not being Called, he thereafter returned home and rested Secure untill he was apprehended being Conscious of his oun Innocence And Seing this is the true matter of fact Primo that the petitioner hath not the power of ordering billots for quarters within that bounds, Secundo that the forsaid troope Got as good accomodation as so strait ane quarter would admitt of Tertio That the said Major Generall and Lord Carmichell were satisfied upon hearing the petitioner theranent Quarto That the petitioner did attend at the day of Compeirance and was not Called And Therfore Humbly Craveing the saids Lords in Consideration of the premisses would grant warrand for setting the petitioner at liberty at least upon his finding Suficient Caution to Compeir againe befor the saids Lords and answer to the Complaint when called as the petition bears The Lords of his Majesties privy Councill haveing Considered this petition given in to them be the above Hew Sandilands They hereby Recomend to his Grace James Duke of Queensberry Comander in Cheiff for the time of his Majesties forces within this kingdom to give order for the petitioners Liberation incase he shall see Cause or find Just.

Edinburgh Tuesday the 6th August 1695

D1695/8/61

Act

Act Hew Sandilands baillie of Calder

Anent the petition given in to the Lords of his Majesties privy Councill be Hew Sandilands baillie in Calder Shewing That wher by the saids Lords warrand in may last the petitioner was cited to Compeir before the saids Lords upon the Nynth of Jully therafter To answer to ane Complaint at the instance of his majesties advocat for alledged contempt and high misdemeanor in Dispiseing orders and refuseing to provyde and dispose in quarters some of the officers or dragoons of the Lord Carmichealls regiment in their march throw that bounds, albeit they had provyded furrage for themselves and only asked house-room and for the petitioners not Compeirance their was an Warrand Issued furth to apprehend the petitioner Which accordingly was put in execution And the petitioner Comitted prisoner within the Tolbooth of Edinburgh wherin he still remains as to Which it was humbly Represented That the petitioner haveing received the Citation, He did apply himself to Sir Thomas Livingstoune Major Generall then Comander in Cheiff and the said Lord Carmicheall in presence of Captaine Denholm whose troop it was That was alledged to have been treated so injuriously and did represent to them (as the truth is) That the petitioner was ane Considerable space of before Discharged by the Justices of peace to Midle with the quartering of Soulders or granting billetts to them, and the trust therof Comitted to one Gaving Jamisone, Which the said Gavin did upon all Occasions performe as he was Requyred And in the present case orders haveing come to him to provyde quarters for the said troope in Midle and East Calders, He did draw billetts Accordingly, But when the troope came ther Being only to remaine for a night or two as they pretended they would not divide, and Gavin Jameson not being at home, The Comanding officer did Call for the petitioner and demanded quarters for the wholl troop within Midle Calder To whom the petitioner told that ther was never more quartered in Midle Calder at once then half ane troop and that unless the inhabitants should all part with ther beds It was Imposible to accomodate more And yet Nevertheless for the soulders accomodation and ease He would advyss the Nighbours therto for one night, and which was accordingly done and the soulders accomodate From which representatione, The said Major Generall and Lord Carmichell being Convinced that the Complaint being groundless They did allow Captaine Denholme and Mr David Douglass to siginfie2 to Sir Gilbert Eliot that in their opinion the Complaint Might be lett fall, Which accordingly they did Notwithstanding whereof at the day of Compeirance the petitioner haveing attended which he Could instantly instruct and not being Called, he thereafter returned home and rested Secure untill he was apprehended being Conscious of his oun Innocence And Seing this is the true matter of fact Primo that the petitioner hath not the power of ordering billots for quarters within that bounds, Secundo that the forsaid troope Got as good accomodation as so strait ane quarter would admitt of Tertio That the said Major Generall and Lord Carmichell were satisfied upon hearing the petitioner theranent Quarto That the petitioner did attend at the day of Compeirance and was not Called And Therfore Humbly Craveing the saids Lords in Consideration of the premisses would grant warrand for setting the petitioner at liberty at least upon his finding Suficient Caution to Compeir againe befor the saids Lords and answer to the Complaint when called as the petition bears The Lords of his Majesties privy Councill haveing Considered this petition given in to them be the above Hew Sandilands They hereby Recomend to his Grace James Duke of Queensberry Comander in Cheiff for the time of his Majesties forces within this kingdom to give order for the petitioners Liberation incase he shall see Cause or find Just.

1. NRS, PC2/26, 4v-5v.

2. Sic.

1. NRS, PC2/26, 4v-5v.

2. Sic.

Act, 6 August 1695, Edinburgh

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Edinburgh Tuesday the 6th August 1695

D1695/8/51

Act

Act The Brewars of Edinburgh and liberties therof

The Lords of his Majesties privy Councill having Considered a supplication given in to them be the brewers within the toune of Edinburgh and Liberties therof and other adjacent brewers Representing That the honorable Estates of parliament having by their act dated the sixtein day of Jully last annexed to his majesties Croun thrie pennies Scots upon the pynt of ale and beer browen to be vented and sold And that over and above the former two pennies Imposed theron As also thrie shilling more upon ilk pynt of accquavitis or strong watters not made of malt and haveing ordained the ale to be sold at twentie Eight penies per pynt as the least pryce therof and having authorized and Impowered their Lordships to prescrib such methods and orders as they should Judge necessary in relation to the forsaid act The Supplicants humbly Crave Liberty to make the representation following primo That the excisses being laid upon the brewers and therupon the pryce of ale being raised Which is payed to the Ventner It is Just and reasonable that the brewer should be allowed to raise his pryce proportionally as wes done when the ale was Cryed up formerly to two shilling the pynt Otherwayes the ventner will reap the wholl benefit and the brewers Cary the wholl burden Which is humbly conceived was never the designe of the act of Parliament Secundo If the nighbouring ventners in Abbay, Yeard heads of Leith, Caldtoune and other adjacent places to the petitioners should take upon them to sell ther ale at two shilling, per pynt being so near and Contiguous to the petitioners, The samen will not only evacuat the designe of the act of parliament by drawing all the Consumpt to them But likewayes will tend to the petitioners ruine and so Consequence ill to his majesties Loss Which was hoped the saids Lords would take to their Consideration And Therfor Humbly Craveing to the effect underwritten as the said petition bears The saids Lords of his Majesties privy Counsill Do heirby Ordaine and Allow the petitioners to raise the pryce of all cite to be vented and sold within the burgh of Edinburgh Suburbs and Liberties thereof and yeard heads of Leith proportionally as the ventners are allowed to raise the same and Discharge the nighbouring ventners within the Abbay, The yeardheads of Leith, Caldtoune and other adjacent places to the petitioners to see their ale at a Lower rate then the pryce appointed to the petitioners with and under the same Certification and penaltie appointed to ventners within burgh and appoints thir presents to be printed and published at the marcat place of Edinburgh and other places needfull.

Edinburgh Tuesday the 6th August 1695

D1695/8/51

Act

Act The Brewars of Edinburgh and liberties therof

The Lords of his Majesties privy Councill having Considered a supplication given in to them be the brewers within the toune of Edinburgh and Liberties therof and other adjacent brewers Representing That the honorable Estates of parliament having by their act dated the sixtein day of Jully last annexed to his majesties Croun thrie pennies Scots upon the pynt of ale and beer browen to be vented and sold And that over and above the former two pennies Imposed theron As also thrie shilling more upon ilk pynt of accquavitis or strong watters not made of malt and haveing ordained the ale to be sold at twentie Eight penies per pynt as the least pryce therof and having authorized and Impowered their Lordships to prescrib such methods and orders as they should Judge necessary in relation to the forsaid act The Supplicants humbly Crave Liberty to make the representation following primo That the excisses being laid upon the brewers and therupon the pryce of ale being raised Which is payed to the Ventner It is Just and reasonable that the brewer should be allowed to raise his pryce proportionally as wes done when the ale was Cryed up formerly to two shilling the pynt Otherwayes the ventner will reap the wholl benefit and the brewers Cary the wholl burden Which is humbly conceived was never the designe of the act of Parliament Secundo If the nighbouring ventners in Abbay, Yeard heads of Leith, Caldtoune and other adjacent places to the petitioners should take upon them to sell ther ale at two shilling, per pynt being so near and Contiguous to the petitioners, The samen will not only evacuat the designe of the act of parliament by drawing all the Consumpt to them But likewayes will tend to the petitioners ruine and so Consequence ill to his majesties Loss Which was hoped the saids Lords would take to their Consideration And Therfor Humbly Craveing to the effect underwritten as the said petition bears The saids Lords of his Majesties privy Counsill Do heirby Ordaine and Allow the petitioners to raise the pryce of all cite to be vented and sold within the burgh of Edinburgh Suburbs and Liberties thereof and yeard heads of Leith proportionally as the ventners are allowed to raise the same and Discharge the nighbouring ventners within the Abbay, The yeardheads of Leith, Caldtoune and other adjacent places to the petitioners to see their ale at a Lower rate then the pryce appointed to the petitioners with and under the same Certification and penaltie appointed to ventners within burgh and appoints thir presents to be printed and published at the marcat place of Edinburgh and other places needfull.

1. NRS, PC2/26, 4r-4v.

1. NRS, PC2/26, 4r-4v.

Judicial Proceedings, 6 August 1695, Edinburgh

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Edinburgh Tuesday the 6th August 1695

D1695/8/41

Judicial Proceedings

Remitt and Recommendation David Symson

Anent the petition given in to the Lords of his Majesties privy Councill be David Symson now in his Majesties service under the Comand of Captaine Hary Martine Captaine of the Berwick Friggot Shewing That Mr William Touch in Leven taking advantage of the petitioners absence from this kingdome did most surreptitiously procure ane Decreet against him for the pryce of Six Chalders of salt shiped aboard of ane Ship for Dantzick wherof the petitioner was then master, Which Decreet was Suspended and after debate was turned to ane lybell and the verity of the debt and the Circumstances therof referred to the petitioners oath and a day assigned for the petitioner to depone and Comision granted for taking his oath Which Commission was extracted by the petitioners freinds at Edinburgh and sent to London To have been sent from that place to the Smyrna Fleet wherin the petitioner was for the time But because no notice could be then gott wher the said Fleett was, The Commission was returned to Edinburgh and the terme was Circumdined against the petitioner for not deponeing and it having pleased the almighty God to send the said Fleet Safely home to Ingland the petitioner did procure Liberty from his said Captaine to come hither to Scotland to visit his poor wife and familly who were Lying under the pressure of the said Mr William Touchs Severity for the forsaid most unjust debt and who would have no pitty nor Compassion on them, The petitioner did apply to the Lords of Session and upon most Just grounds have obtained Suspension of that debt, But because It is now the time of vaccance So that their Lordships Cannot take the petitioners oath anent the point referred therto and that of necessity he must returne to his majesties Service so soon as his said Captaine Shall Call him, Which he may doe when ever he pleases And Therfore humbly Craving the saids Lords would Grant Warrand and Comission to any of the saids Lords of session who shall hapen to be ordinar upon the bills for the time to take the petitioners oath now in the time of vaccance upon the points referred therto in the forsaid matter And to Ordaine the same to Lye in the proces till the event of the Cause That so the Said Mr William Touch may have no Occasion hence of taking advantadge of the petitioner when he is aboard in2 his majesties service or at least that their Lordships would Declair if the said Mr William shall now Declyne to take his oath That no new Circumduction of the terme shall be pronunced against him during his absence out of the Countrey and till he returne againe from his majesties service to this kingdome as the petition bears The Lords of his Majesties privy Councill haveing Considered this petition given in to them be the above David Symsone They heirby Remitt and Recomend to any of the ordinary Lords of Session who shall be upon the bills for the time to take the oath and deposition of the petitioner now in the time of vaccancie upon the points referred therto Conforme to the petition and Comission granted be the Lords of Session mentioned therin And if need bees Authorizes the said Lord Ordinary to the effect forsaid And appoints the oath when taken to Lye in the process till the event of the cause.

Edinburgh Tuesday the 6th August 1695

D1695/8/41

Judicial Proceedings

Remitt and Recommendation David Symson

Anent the petition given in to the Lords of his Majesties privy Councill be David Symson now in his Majesties service under the Comand of Captaine Hary Martine Captaine of the Berwick Friggot Shewing That Mr William Touch in Leven taking advantage of the petitioners absence from this kingdome did most surreptitiously procure ane Decreet against him for the pryce of Six Chalders of salt shiped aboard of ane Ship for Dantzick wherof the petitioner was then master, Which Decreet was Suspended and after debate was turned to ane lybell and the verity of the debt and the Circumstances therof referred to the petitioners oath and a day assigned for the petitioner to depone and Comision granted for taking his oath Which Commission was extracted by the petitioners freinds at Edinburgh and sent to London To have been sent from that place to the Smyrna Fleet wherin the petitioner was for the time But because no notice could be then gott wher the said Fleett was, The Commission was returned to Edinburgh and the terme was Circumdined against the petitioner for not deponeing and it having pleased the almighty God to send the said Fleet Safely home to Ingland the petitioner did procure Liberty from his said Captaine to come hither to Scotland to visit his poor wife and familly who were Lying under the pressure of the said Mr William Touchs Severity for the forsaid most unjust debt and who would have no pitty nor Compassion on them, The petitioner did apply to the Lords of Session and upon most Just grounds have obtained Suspension of that debt, But because It is now the time of vaccance So that their Lordships Cannot take the petitioners oath anent the point referred therto and that of necessity he must returne to his majesties Service so soon as his said Captaine Shall Call him, Which he may doe when ever he pleases And Therfore humbly Craving the saids Lords would Grant Warrand and Comission to any of the saids Lords of session who shall hapen to be ordinar upon the bills for the time to take the petitioners oath now in the time of vaccance upon the points referred therto in the forsaid matter And to Ordaine the same to Lye in the proces till the event of the Cause That so the Said Mr William Touch may have no Occasion hence of taking advantadge of the petitioner when he is aboard in2 his majesties service or at least that their Lordships would Declair if the said Mr William shall now Declyne to take his oath That no new Circumduction of the terme shall be pronunced against him during his absence out of the Countrey and till he returne againe from his majesties service to this kingdome as the petition bears The Lords of his Majesties privy Councill haveing Considered this petition given in to them be the above David Symsone They heirby Remitt and Recomend to any of the ordinary Lords of Session who shall be upon the bills for the time to take the oath and deposition of the petitioner now in the time of vaccancie upon the points referred therto Conforme to the petition and Comission granted be the Lords of Session mentioned therin And if need bees Authorizes the said Lord Ordinary to the effect forsaid And appoints the oath when taken to Lye in the process till the event of the cause.

1. NRS, PC2/26, 3r-4r.

2. Insertion.

1. NRS, PC2/26, 3r-4r.

2. Insertion.

Order, 6 August 1695, Edinburgh

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Edinburgh Tuesday the 6th August 1695

D1695/8/31

Order

Order The Magistrats of Air to execute Baird

The Lords of his Majesties privy Councill Doe heirby Ordaine the Magistrats of Air to Cuase put to executione the Sentence of Death pronunced against Margret Baird prisoner ther and to prepair and furnish ane executioner for that effect And Ordaines Letters of horning one six dayes to be direct under the signet of Councill against the saids Magistrats to be particularly named in the saids letters to the effect forsaid.

Edinburgh Tuesday the 6th August 1695

D1695/8/31

Order

Order The Magistrats of Air to execute Baird

The Lords of his Majesties privy Councill Doe heirby Ordaine the Magistrats of Air to Cuase put to executione the Sentence of Death pronunced against Margret Baird prisoner ther and to prepair and furnish ane executioner for that effect And Ordaines Letters of horning one six dayes to be direct under the signet of Councill against the saids Magistrats to be particularly named in the saids letters to the effect forsaid.

1. NRS, PC2/26, 3r.

1. NRS, PC2/26, 3r.

Judicial Proceedings, 6 August 1695, Edinburgh

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Edinburgh Tuesday the 6th August 1695

D1695/8/21

Judicial Proceedings

Remit Mongo Carnegie Against Rait and Arbuthnot

Anent the Lybell or Complaint raised and pursued befor the Lords of his Majesties privy Councill at the instance of Mr Mongo Carnegie Advocat factor appointed by the saids Lords of privy Councill for uplifting the rents of the estate of Arbuthnot for the Cropt and year of God Jaj vic nyntie four with Concourse of Sir James Stewart his Majesties Advocat for his highnes intrest in the matter underwritten Mentioning That wher albeit by the Comon Law the termes of this and all other weell governed nationes and specially by the lawes and Constant practicqs of this Kingdome, The violent and unwarrantable breaking open of doors of houses or girnells after the Same are sealed and Locked before famous witnesses and ane instrument taken thereupon and the away takeing and spulzieing of meall and other goods therein Be a Cryme of ane high nature and Severly punishable Nevertheless It is of verity that this pursuer as factor forsaid haveing secured an parcell of meall of the Cropt Jaj vic nyntie four in the Girnells at Gourdon By putting his oun Sealls and new locks upon the Girnell doors and that be vertue of Alexander Leith of Uris the baron baillie his Decreet And the said pursuer haveing sometime therafter sold all the meall more or less that was in the saids Girnells to Baillie Mylne Baillie Mudie and Alexander Ferguson merchants in Montross and was to be delyvered out to them by Sworn metsters, yet George Auchterlonie Robert Arbuthnot merchants in Montross and Alexander Innes and William Rait servitors to the late Viscount having heard of the pursuer his Selling and disposeing of the said meall as said is to the persones above named upon the twentie Sixth, Twentie Seventh or Twentie Eight dayes of the moneth of June last or ane or other of the dayes of the said moneth Did at their oun hands without any order of Law or Justice most violently break open the saids Girnells or Caused break open the same in their presence or by their order or vys et modis unknowen break in therupon throw some unaccustumed entrie therto and spulzied and away took ane Thousand bolls or therabouts victuall out of the saids Girnells Notwithstanding that the same was still in the pursuers possession and after the Girnells were so secured by him before witnesses, and ane instrument taken therupon as said is and Caused put the greatest part therof one be and Alexander Anderson Skiper in Montross his Ship and Gave him orders to saill for Bruntisland, Leith or Borowstouness and Liber the same ther and part therof in Adjacent tenents housses without the Lands of Arbuthnot intending therby to put the same out of the pursuer his reach By all which the said persones above Complained upon Being found guilty or2 airt and part of the saids Crymes They Ought and Should be Decerned not only to restore the meall so unwarrantably taken away by them as said is or the pryce of the same as it is to the persones abovenamed But Likewayes should bee made lyable in the penaltie contained in the Contraits betwixt the said pursuer and the saids baillie Mylne, Baillie Mudie and Alexander Fergusone and of the sum of […] of Damnages and expences sustained by the pursuer throw their unwarantable Spulzieing and away taking the meall as said is, And otherwayes severly punished in their persones and goods to the teror of others to Comitt and do the like in time comeing And Anent the Charge given to the saids defenders To have Compeired before the saids Lords at ane Certaine day now bygone To have answered to the forsaid Complainer and to have heard and seen such order and Course taken theranent as appertained Under the paine of rebellion and puting of them to the horn with Certificatione etc As in the principall letters or lybell raised in the said matter and executions therof at more length is Contained Which Lybell being this day Called in presence of the Lords of his Majesties privy Councill and the pursuer Compeiring personally with Sir James Stewart his majesties advocat Sir James Ogilvie and Mr David Cuninghame and Mr John Menzies his Advocats And the defenders Compeiring Also personally with Sir Patrick Home Mr David Forbes Mr David Dalrymple and Mr William Black ther advocats The Lybell with the answers therto for Alexander Innes and William Rait and also the answers for baillie Auchterlony and Robert Arbuthnot read And both parties and ther advocats being fully heard and the Lords having Considered the Lybell and answers and haill debate in the matter They Find the Lybell not Relevant to inferr a Ryot And Therfore Remits the matter Lybelled to be pursued before the Judge ordinary as to the Civill intrest as accords in Law.

Edinburgh Tuesday the 6th August 1695

D1695/8/21

Judicial Proceedings

Remit Mongo Carnegie Against Rait and Arbuthnot

Anent the Lybell or Complaint raised and pursued befor the Lords of his Majesties privy Councill at the instance of Mr Mongo Carnegie Advocat factor appointed by the saids Lords of privy Councill for uplifting the rents of the estate of Arbuthnot for the Cropt and year of God Jaj vic nyntie four with Concourse of Sir James Stewart his Majesties Advocat for his highnes intrest in the matter underwritten Mentioning That wher albeit by the Comon Law the termes of this and all other weell governed nationes and specially by the lawes and Constant practicqs of this Kingdome, The violent and unwarrantable breaking open of doors of houses or girnells after the Same are sealed and Locked before famous witnesses and ane instrument taken thereupon and the away takeing and spulzieing of meall and other goods therein Be a Cryme of ane high nature and Severly punishable Nevertheless It is of verity that this pursuer as factor forsaid haveing secured an parcell of meall of the Cropt Jaj vic nyntie four in the Girnells at Gourdon By putting his oun Sealls and new locks upon the Girnell doors and that be vertue of Alexander Leith of Uris the baron baillie his Decreet And the said pursuer haveing sometime therafter sold all the meall more or less that was in the saids Girnells to Baillie Mylne Baillie Mudie and Alexander Ferguson merchants in Montross and was to be delyvered out to them by Sworn metsters, yet George Auchterlonie Robert Arbuthnot merchants in Montross and Alexander Innes and William Rait servitors to the late Viscount having heard of the pursuer his Selling and disposeing of the said meall as said is to the persones above named upon the twentie Sixth, Twentie Seventh or Twentie Eight dayes of the moneth of June last or ane or other of the dayes of the said moneth Did at their oun hands without any order of Law or Justice most violently break open the saids Girnells or Caused break open the same in their presence or by their order or vys et modis unknowen break in therupon throw some unaccustumed entrie therto and spulzied and away took ane Thousand bolls or therabouts victuall out of the saids Girnells Notwithstanding that the same was still in the pursuers possession and after the Girnells were so secured by him before witnesses, and ane instrument taken therupon as said is and Caused put the greatest part therof one be and Alexander Anderson Skiper in Montross his Ship and Gave him orders to saill for Bruntisland, Leith or Borowstouness and Liber the same ther and part therof in Adjacent tenents housses without the Lands of Arbuthnot intending therby to put the same out of the pursuer his reach By all which the said persones above Complained upon Being found guilty or2 airt and part of the saids Crymes They Ought and Should be Decerned not only to restore the meall so unwarrantably taken away by them as said is or the pryce of the same as it is to the persones abovenamed But Likewayes should bee made lyable in the penaltie contained in the Contraits betwixt the said pursuer and the saids baillie Mylne, Baillie Mudie and Alexander Fergusone and of the sum of […] of Damnages and expences sustained by the pursuer throw their unwarantable Spulzieing and away taking the meall as said is, And otherwayes severly punished in their persones and goods to the teror of others to Comitt and do the like in time comeing And Anent the Charge given to the saids defenders To have Compeired before the saids Lords at ane Certaine day now bygone To have answered to the forsaid Complainer and to have heard and seen such order and Course taken theranent as appertained Under the paine of rebellion and puting of them to the horn with Certificatione etc As in the principall letters or lybell raised in the said matter and executions therof at more length is Contained Which Lybell being this day Called in presence of the Lords of his Majesties privy Councill and the pursuer Compeiring personally with Sir James Stewart his majesties advocat Sir James Ogilvie and Mr David Cuninghame and Mr John Menzies his Advocats And the defenders Compeiring Also personally with Sir Patrick Home Mr David Forbes Mr David Dalrymple and Mr William Black ther advocats The Lybell with the answers therto for Alexander Innes and William Rait and also the answers for baillie Auchterlony and Robert Arbuthnot read And both parties and ther advocats being fully heard and the Lords having Considered the Lybell and answers and haill debate in the matter They Find the Lybell not Relevant to inferr a Ryot And Therfore Remits the matter Lybelled to be pursued before the Judge ordinary as to the Civill intrest as accords in Law.

1. NRS, PC2/26, 2r-3r.

2. Insertion.

1. NRS, PC2/26, 2r-3r.

2. Insertion.

Sederunt, 6 August 1695, Edinburgh

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Edinburgh Tuesday the 6th August 16951

D1695/8/12

Sederunt

Lord Chancelor; Earl of Melvill P: Seall; Duke of Queensberry; Earl of Mortone; Earl of Cassills; Earl of Leven; Earl of Forfar; Lord Yester; Viscount Tarbat; Lord Beilhaven; Lord Polwarth; Mr Johnston Secretary; Lord Advocat; Lord Hatton; Laird of Grant; Laird of Blackbarrony; Laird of Stivenson; Sir George Campbell; Lord Provest of Edinburgh

Edinburgh Tuesday the 6th August 16951

D1695/8/12

Sederunt

Lord Chancelor; Earl of Melvill P: Seall; Duke of Queensberry; Earl of Mortone; Earl of Cassills; Earl of Leven; Earl of Forfar; Lord Yester; Viscount Tarbat; Lord Beilhaven; Lord Polwarth; Mr Johnston Secretary; Lord Advocat; Lord Hatton; Laird of Grant; Laird of Blackbarrony; Laird of Stivenson; Sir George Campbell; Lord Provest of Edinburgh

1. NRS, PC2/26, 2r.

2. NRS, PC2/26, 2r.

1. NRS, PC2/26, 2r.

2. NRS, PC2/26, 2r.

Act, 6 August 1695, Edinburgh

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At Edinburgh tuesday The sexth day of August Jaj vjc nynty and fyve years

A1695/8/41

Act

Act Mr Thomas Gordone

Anent the petitione given in to the Lords of his majesties privy Councill by Mr Thomas Gordon late Regent at Glasgow Shewing That the petitioner being confyned by their Lordships first to his fathers House and therafter to the Toune of Aberdeen He hath continowed under that restraint now for the Space of two years and upwards By which as the said petitioner is incapatate to follow any imployment for his subsistance so any litle fortune he had being in the Hands of persons residing in the west and south, is either wholly exhausted2 or lyke to perish by reasone that the said petitioner is unable to manadge and oversee his owne affairs himself and seeing the said petitioner hath never given any disturbance to the government and still resolved to live peaceablie And therfore Humblie Craveing in maner and to the effect aftermentioned as the said petitione bears The Lords of his majesties privy Councill haveing considered the foresaid petitione given in to them by the said Master Thomas Gordone They Hereby take of the sentance of Confynement formerly pronounced against the said petitioner and Declairs him free thereof as if it had never been pronounced In respect he hes given bond and found sufficient Cautione acted in the books of privy Councill That He shall live peaceablie under and with submissione to the present government of his majestie King Willian and that he shall not act consult or Contryve any thing in prejudice thereof nor converse or correspond with any Rebells and that He shall appear before the said Lords of his majestis privy Councill when called for under the penalty of two thousand merks scots in case he shall transgress in any part of the premisses and upon finding this new Cautione ordaines the said bond granted by the petitioner to be given up

At Edinburgh tuesday The sexth day of August Jaj vjc nynty and fyve years

A1695/8/41

Act

Act Mr Thomas Gordone

Anent the petitione given in to the Lords of his majesties privy Councill by Mr Thomas Gordon late Regent at Glasgow Shewing That the petitioner being confyned by their Lordships first to his fathers House and therafter to the Toune of Aberdeen He hath continowed under that restraint now for the Space of two years and upwards By which as the said petitioner is incapatate to follow any imployment for his subsistance so any litle fortune he had being in the Hands of persons residing in the west and south, is either wholly exhausted2 or lyke to perish by reasone that the said petitioner is unable to manadge and oversee his owne affairs himself and seeing the said petitioner hath never given any disturbance to the government and still resolved to live peaceablie And therfore Humblie Craveing in maner and to the effect aftermentioned as the said petitione bears The Lords of his majesties privy Councill haveing considered the foresaid petitione given in to them by the said Master Thomas Gordone They Hereby take of the sentance of Confynement formerly pronounced against the said petitioner and Declairs him free thereof as if it had never been pronounced In respect he hes given bond and found sufficient Cautione acted in the books of privy Councill That He shall live peaceablie under and with submissione to the present government of his majestie King Willian and that he shall not act consult or Contryve any thing in prejudice thereof nor converse or correspond with any Rebells and that He shall appear before the said Lords of his majestis privy Councill when called for under the penalty of two thousand merks scots in case he shall transgress in any part of the premisses and upon finding this new Cautione ordaines the said bond granted by the petitioner to be given up

1. NRS, PC1/50, 233-4.

2. The letter ‘h’ is an insertion.

1. NRS, PC1/50, 233-4.

2. The letter ‘h’ is an insertion.

Act, 6 August 1695, Edinburgh

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At Edinburgh tuesday The sexth day of August Jaj vjc nynty and fyve years

A1695/8/31

Act

Act Captain James Maitland

Anent the petitione given in to the Lords of his majesties privy Councill by Captaine James Maitland Shewing That where the petitioner being amongs severall others Committed prisoner to the Castle of Blackness upon such grounds as seemd propper to their Lordships after the petitioner had remained prisoner therein a very confident considerable space The said Lords were at lenth pleased to grant warrand for his liberatione He considering on the place of his Residence and finding Cautione That He shall not depart beyond two myles therfrom upon any pretext without licence and accordingly haveing found Cautione He hath most strictly observed his confynment these tuo years bypast And seing the petitioners being under restraint is greatly prejudiciall to Him and obstructs the prosecutione of his lawfull affaires to the great detriment of his numerous and necessitous familey And therfore Humbly Craveing to the effect underwryten as the said petitione bears The saids Lords of his majesties privy Councill Haveing Considered the said petitione They Hereby take of the sentance of Confynement formerly pronounced against the said petitioner and Declar’s him free thereof as if it had never been pronounced In respect He2 hath given bond and found sufficient Cautione acted in the books of privy Councill That He shall live peaceablie under and with all submissione to the present Government of his majestie King William and that He shall not act consult or Contryve any thing in prejudice therof nor converse or Correspond with any Rebells and that He shall appear before the said Lords of privy Councill when Called for under the penalty of fyve thousand merks scots in case He shall transgress in any part of the premisses

At Edinburgh tuesday The sexth day of August Jaj vjc nynty and fyve years

A1695/8/31

Act

Act Captain James Maitland

Anent the petitione given in to the Lords of his majesties privy Councill by Captaine James Maitland Shewing That where the petitioner being amongs severall others Committed prisoner to the Castle of Blackness upon such grounds as seemd propper to their Lordships after the petitioner had remained prisoner therein a very confident considerable space The said Lords were at lenth pleased to grant warrand for his liberatione He considering on the place of his Residence and finding Cautione That He shall not depart beyond two myles therfrom upon any pretext without licence and accordingly haveing found Cautione He hath most strictly observed his confynment these tuo years bypast And seing the petitioners being under restraint is greatly prejudiciall to Him and obstructs the prosecutione of his lawfull affaires to the great detriment of his numerous and necessitous familey And therfore Humbly Craveing to the effect underwryten as the said petitione bears The saids Lords of his majesties privy Councill Haveing Considered the said petitione They Hereby take of the sentance of Confynement formerly pronounced against the said petitioner and Declar’s him free thereof as if it had never been pronounced In respect He2 hath given bond and found sufficient Cautione acted in the books of privy Councill That He shall live peaceablie under and with all submissione to the present Government of his majestie King William and that He shall not act consult or Contryve any thing in prejudice therof nor converse or Correspond with any Rebells and that He shall appear before the said Lords of privy Councill when Called for under the penalty of fyve thousand merks scots in case He shall transgress in any part of the premisses

1. NRS, PC1/50, 232-3.

2. The phrase ‘he before Cautione and give’ scored out here.

1. NRS, PC1/50, 232-3.

2. The phrase ‘he before Cautione and give’ scored out here.