Tag Archives: 6 December 1694

Act, 6 December 1694, Edinburgh

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Edinburgh the sixth December Jaj vjc nyntie four years

D1694/12/61

Act

Act Keigoe and Marshall

The Lords of their majesties privy Councill doe heirby Declair John Keigoe merchant in Glasgow and James Marshall weaver theer who were seised by Command of the deceast Major James Meinzies, as deserters from the Lord Angus regiment to be free and at Libertie to goe about their affairs as any other of their majesties free Leidges and Discharges all officers or others to seiz upon Or trouble the saids persones as deserters forsaid in time comeing And Recomends to their majesties advocat to Grant passes to them for ther furder securitie, and appoints the bonds one or more granted by the saids persones to the Lord advocat to be given up to them.

Edinburgh the sixth December Jaj vjc nyntie four years

D1694/12/61

Act

Act Keigoe and Marshall

The Lords of their majesties privy Councill doe heirby Declair John Keigoe merchant in Glasgow and James Marshall weaver theer who were seised by Command of the deceast Major James Meinzies, as deserters from the Lord Angus regiment to be free and at Libertie to goe about their affairs as any other of their majesties free Leidges and Discharges all officers or others to seiz upon Or trouble the saids persones as deserters forsaid in time comeing And Recomends to their majesties advocat to Grant passes to them for ther furder securitie, and appoints the bonds one or more granted by the saids persones to the Lord advocat to be given up to them.

1. NRS, PC2/25, 103r.

1. NRS, PC2/25, 103r.

Act, 6 December 1694, Edinburgh

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Edinburgh the sixth December Jaj vjc nyntie four years

D1694/12/51

Act

Act James Irvine

Anent a Petition given in to the Lords of their Majesties privy Councill be James Irving sone to John Irving of Kingausie Shewing that quher the petitioner haveing been cited with severall others befor the saids Lords for the alledged accessione to the disturbance of Divyne Worship in the Church of Old Aberdein And for not personall Compeirance before the saids Lords at the dyet prefixed in the letters of Captione out against him as to which the petitioner humbly beggs leave to represent That he being but a young boy at the schoolls And so not knowing the hazard of not Compeiring Conforme to the Citatione did conceall the same for fear of his father and other relationes displeasure till the time was past Secundo the petitioner never so much as went to that Church since the time of the forsaid disturbance And Therfore seing those who Compeired at the dyet in the Citationes were assoylzied upon ther promise of Good behavior in time comeing And Therfore humbly Craveing the saids Lords would Likwayes assoylzie him from the Certificatione and sentance pronunced against him and the petitioner doeth faithfully ingadge and promise a dutiefull behavior in tyme comeing as the petitione bears The Lords of their Majesties privy Councill haveing Considered this petitione given in to them be James Irving They heirby suspend and take of the Certificatione pronunced in the proces pursued before their Lordships at the proces pursued before their Lordships at the instance of their Majesties advocat against him And Declaires the petitioner free therof and quyte therfrae The petitioner first Giving bond that he shall keep the publict peace and shall not disturb the Divyne worship in any Churches of this kingdome at any time hereafter Under the penalty of five hundred merks scots

Edinburgh the sixth December Jaj vjc nyntie four years

D1694/12/51

Act

Act James Irvine

Anent a Petition given in to the Lords of their Majesties privy Councill be James Irving sone to John Irving of Kingausie Shewing that quher the petitioner haveing been cited with severall others befor the saids Lords for the alledged accessione to the disturbance of Divyne Worship in the Church of Old Aberdein And for not personall Compeirance before the saids Lords at the dyet prefixed in the letters of Captione out against him as to which the petitioner humbly beggs leave to represent That he being but a young boy at the schoolls And so not knowing the hazard of not Compeiring Conforme to the Citatione did conceall the same for fear of his father and other relationes displeasure till the time was past Secundo the petitioner never so much as went to that Church since the time of the forsaid disturbance And Therfore seing those who Compeired at the dyet in the Citationes were assoylzied upon ther promise of Good behavior in time comeing And Therfore humbly Craveing the saids Lords would Likwayes assoylzie him from the Certificatione and sentance pronunced against him and the petitioner doeth faithfully ingadge and promise a dutiefull behavior in tyme comeing as the petitione bears The Lords of their Majesties privy Councill haveing Considered this petitione given in to them be James Irving They heirby suspend and take of the Certificatione pronunced in the proces pursued before their Lordships at the proces pursued before their Lordships at the instance of their Majesties advocat against him And Declaires the petitioner free therof and quyte therfrae The petitioner first Giving bond that he shall keep the publict peace and shall not disturb the Divyne worship in any Churches of this kingdome at any time hereafter Under the penalty of five hundred merks scots

1. NRS, PC2/25, 102r-102v.

1. NRS, PC2/25, 102r-102v.

Sederunt, 6 December 1694, Edinburgh

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Edinburgh the sixth December Jaj vjc nyntie four years1

D1694/12/42

Sederunt

Earl of Melvill p: S:; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Lothian; Earl of Leven; Earl of Anandale preces; Earl of Forfar; Earl of Broadalbine; Lord Raith; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Hatton; Mr Fra: Montgomrie; Laird of Stivensone; Laird of Leyes; Laird of Pollock; Sir John Hall.

Edinburgh the sixth December Jaj vjc nyntie four years1

D1694/12/42

Sederunt

Earl of Melvill p: S:; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Lothian; Earl of Leven; Earl of Anandale preces; Earl of Forfar; Earl of Broadalbine; Lord Raith; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Hatton; Mr Fra: Montgomrie; Laird of Stivensone; Laird of Leyes; Laird of Pollock; Sir John Hall.

1. NRS, PC2/25, 102r.

2. NRS, PC2/25, 102r.

1. NRS, PC2/25, 102r.

2. NRS, PC2/25, 102r.

Commission by the Council, 6 December 1694, Edinburgh

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At Edinburgh thursday 6th December 1694

A1694/12/141

Commission by the Council

Commissione of Justiciary for trying of Ogilvie and her husband of murder

The following Commissione being read wes approven and signed
The Lords of their majesties Privy Councill being informed That Margaret Ogilvie and Patrick Sim Her husband are prisoners in the Tolbooth of Tolbooth of2 Bamff as alleadged guilty of murdering Alexander Gabriell, indweller in Bamff and considering that it will be a great deall of charges and expences to bring the said Margaret Oglivie and Patrick Sim to this place in ordor to a tryalle before the Lords Commissioners of Justitiary besyds That severall inconveniencies may arryse by their transportation and the said Lords Lykewayes considering That the said murder cannot be tryed and judged by any persons in the Countrey without warrand and commissione from the said Lords for that effect, In respect the said persones not being taken rid hand, the tyme allowed by law To inferior Judges for judgeing of the said Cryme is already elapsed since the alleadged committing of the said murder and the said Lords being desyrous to have the said matter brought to a tryall That the persones guilty may receive condigne punishment That others may be deterred from Committing such crymes in tyme comeing They doe hereby give full power warrand and Commissione To Sir Patrick Oglivie of Boyne Alexander Oglivie of Frogland William Dumbar of Durne Nicolas Dunbar of Castlefeild shirriff deput of Bamff and Alexander Hay of Ardinboath or any three of them who are Hereby declared to be quorum The said William Dumbar Shirriff Depute being alwayes one of the three To take tryall of, judge and doe justice upon the said murders presently prisoners in the said Tolbooth for the said cryme And in ordor thereunto To meet and conveen at Bamff the tuentie eight day December instant and There to accept of this present Commissione and upon their acceptance to administrat the oath of fidelity to the persone whom James Montgomrie of Langshaw Clerk to the Criminall Court shall depute and substitute to be Clerk to this present Commissione and if the said James Montgomrie of Langshaw shall neglect or delay to depute or substitute a Clark as said is (being requyred thereto) With power to the said Commissioners or their said quorum to choise their owne Clark for whom they shall be answerable With power lykeas To the persones Hereby Commissionat or their said quorum To creat make and constitute Serjants Dempsters and other members of the said Court and To issue out and Cause raise precepts or lybells of indytment at the instance of […] procurator fiscalle for his Majesties interest in the said matter against the said murderers for ceitting them and the assysers and witnesses in the ordinary manner and under the usuall pains and certificationes To Compear before the said Commissioners Hereby Commissionate With full power to them To amerciate and fyne the absent assysers and witnesses and the amerciaments to uplift for their owne use and behove and to adjourn themselves from tyme to tyme to the effect That the pannells being fully heared The said Comissioners or their said quorum may judge and determine the relevancie of the lybell and To call ane inqueist of fourty fyve persones who are to be ceitted on the assyse of the said persons and out of that number To choise ane assyse of fyfteen and To administrat to them the ordinary oath in the usuall termes and with power also to the said Commissioners or their said quorum To examine the witneses ceitted in presence of the said pannells and sworn inqueist upon the poynts that shall be admitted to probatione and therafter to remitt the said lybell and interloquitor to be given by them anent the relevancie thereof and the depositiones of the witneses to be taken in maner foresaid to the knowledge of the said inqueist and assyse Whom they appoynt to elect a Chanceller or president with a Clark and after the peruseing of the said indytement interloquitor to be pronounced thereon and depositiones of the witneses to be taken in presence of the said pannells and assyse To find the lybell proven against the saids pannells or to assoilzie them according to Law as they will be answerable to God and a Good Conscience and that they draw up their verdict accordinglie and delyver the same sealled by the hands of the Chancellor or president to the said persones or their quorum whom they Hereby authorize and Commissionate To advyse the Haill proceses and verdict of the inqueist and to give and pronounce sentance condemnator or absolvitor in the said matter according to Justice and after pronounceing of the sentance in this matter if the same be condemnator before executeing thereof To returne the same to the said Lords of their Majesties privy Councille to the effect they may give their ordor theranent and in case they shall appoynt the sentance to he put in executione Then appoynts the said Commissioners or their said quorum To act doe and performe all and sundrie things whatsomever Competent and incumbent to be acted done and performed by any Commissioners of Justiciary hereto nominat and appoynted by the said Lords of privy Councille and the said Lords appoynts the said Commissioners or their said quorum within the space of tuentie dayes after pronounceing and executeing of their sentance in this matter to report to the Lords Commissioners of Justiciary or the Clerk of the Criminall Court ane authentick extract under their Hands of their said sentance and the manner of executeing thereof To the effect the same may be recorded in the books of Justitiary which the Clerk to the Criminall Court is Hereby requyred to record therein as He would be answerable Given at Edinburgh the sexth day of December Jaj vjc nynty and four years Annandale P Sutherland Morton Cassillis Lothian Forfar Breadalbane James Stueart Robert Sinclair John Maxuell

At Edinburgh thursday 6th December 1694

A1694/12/141

Commission by the Council

Commissione of Justiciary for trying of Ogilvie and her husband of murder

The following Commissione being read wes approven and signed
The Lords of their majesties Privy Councill being informed That Margaret Ogilvie and Patrick Sim Her husband are prisoners in the Tolbooth of Tolbooth of2 Bamff as alleadged guilty of murdering Alexander Gabriell, indweller in Bamff and considering that it will be a great deall of charges and expences to bring the said Margaret Oglivie and Patrick Sim to this place in ordor to a tryalle before the Lords Commissioners of Justitiary besyds That severall inconveniencies may arryse by their transportation and the said Lords Lykewayes considering That the said murder cannot be tryed and judged by any persons in the Countrey without warrand and commissione from the said Lords for that effect, In respect the said persones not being taken rid hand, the tyme allowed by law To inferior Judges for judgeing of the said Cryme is already elapsed since the alleadged committing of the said murder and the said Lords being desyrous to have the said matter brought to a tryall That the persones guilty may receive condigne punishment That others may be deterred from Committing such crymes in tyme comeing They doe hereby give full power warrand and Commissione To Sir Patrick Oglivie of Boyne Alexander Oglivie of Frogland William Dumbar of Durne Nicolas Dunbar of Castlefeild shirriff deput of Bamff and Alexander Hay of Ardinboath or any three of them who are Hereby declared to be quorum The said William Dumbar Shirriff Depute being alwayes one of the three To take tryall of, judge and doe justice upon the said murders presently prisoners in the said Tolbooth for the said cryme And in ordor thereunto To meet and conveen at Bamff the tuentie eight day December instant and There to accept of this present Commissione and upon their acceptance to administrat the oath of fidelity to the persone whom James Montgomrie of Langshaw Clerk to the Criminall Court shall depute and substitute to be Clerk to this present Commissione and if the said James Montgomrie of Langshaw shall neglect or delay to depute or substitute a Clark as said is (being requyred thereto) With power to the said Commissioners or their said quorum to choise their owne Clark for whom they shall be answerable With power lykeas To the persones Hereby Commissionat or their said quorum To creat make and constitute Serjants Dempsters and other members of the said Court and To issue out and Cause raise precepts or lybells of indytment at the instance of […] procurator fiscalle for his Majesties interest in the said matter against the said murderers for ceitting them and the assysers and witnesses in the ordinary manner and under the usuall pains and certificationes To Compear before the said Commissioners Hereby Commissionate With full power to them To amerciate and fyne the absent assysers and witnesses and the amerciaments to uplift for their owne use and behove and to adjourn themselves from tyme to tyme to the effect That the pannells being fully heared The said Comissioners or their said quorum may judge and determine the relevancie of the lybell and To call ane inqueist of fourty fyve persones who are to be ceitted on the assyse of the said persons and out of that number To choise ane assyse of fyfteen and To administrat to them the ordinary oath in the usuall termes and with power also to the said Commissioners or their said quorum To examine the witneses ceitted in presence of the said pannells and sworn inqueist upon the poynts that shall be admitted to probatione and therafter to remitt the said lybell and interloquitor to be given by them anent the relevancie thereof and the depositiones of the witneses to be taken in maner foresaid to the knowledge of the said inqueist and assyse Whom they appoynt to elect a Chanceller or president with a Clark and after the peruseing of the said indytement interloquitor to be pronounced thereon and depositiones of the witneses to be taken in presence of the said pannells and assyse To find the lybell proven against the saids pannells or to assoilzie them according to Law as they will be answerable to God and a Good Conscience and that they draw up their verdict accordinglie and delyver the same sealled by the hands of the Chancellor or president to the said persones or their quorum whom they Hereby authorize and Commissionate To advyse the Haill proceses and verdict of the inqueist and to give and pronounce sentance condemnator or absolvitor in the said matter according to Justice and after pronounceing of the sentance in this matter if the same be condemnator before executeing thereof To returne the same to the said Lords of their Majesties privy Councille to the effect they may give their ordor theranent and in case they shall appoynt the sentance to he put in executione Then appoynts the said Commissioners or their said quorum To act doe and performe all and sundrie things whatsomever Competent and incumbent to be acted done and performed by any Commissioners of Justiciary hereto nominat and appoynted by the said Lords of privy Councille and the said Lords appoynts the said Commissioners or their said quorum within the space of tuentie dayes after pronounceing and executeing of their sentance in this matter to report to the Lords Commissioners of Justiciary or the Clerk of the Criminall Court ane authentick extract under their Hands of their said sentance and the manner of executeing thereof To the effect the same may be recorded in the books of Justitiary which the Clerk to the Criminall Court is Hereby requyred to record therein as He would be answerable Given at Edinburgh the sexth day of December Jaj vjc nynty and four years Annandale P Sutherland Morton Cassillis Lothian Forfar Breadalbane James Stueart Robert Sinclair John Maxuell

1. NRS, PC1/50, 64-7.

2. Sic.

1. NRS, PC1/50, 64-7.

2. Sic.

Act, 6 December 1694, Edinburgh

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At Edinburgh thursday 6th December 1694

A1694/12/131

Act

Act Lord John Hamilton

The Lords of their Majesties privy Councill Haveing considered the petitione given in by the said Lord John Hamilton and the Earle of Leven Haveing represented That conforme to the reference made by their Lordships to Him he had spoak with the Lady Cardross and that her Ladyship humbly Craves That before she give up what is craved by the said petitione The workmen imployed about the publick work of the Mint and fabrick thereof may be payed of their accompts which is not above three Hundred pound scots seeing neither Her Lord nor she hes intrometted with the fond appoynted by act of parliament for the publick use of the mint and farder Haveing and farder having2 represented That the Lady had3 the keys sealled in papers The said Lords appoynts the said keyes sealled as they now are in papers to be delyvered to the said petitioner and Discharges either the sealls which are upon the keys to be broak off or the boxes to be opened untill the Comittee of privy Councill appoynted this day anent matters relateing to the mint doe meet or the Lords Commissioners of there majesties Thesaurie be acquainted therewith and Recomends to the said Lords Commissioners To cause payment be made to the said workmen of what is resting to them as said is That the said Lady may be releived thereof and appoynts the Lady Cardross to  delyver up to the said petitioner all papers or things relating to the mint which she hath in her Custodie and declairs That the said petitioners recept thereof shall be a sufficient exoneratione to her Ladyship of the same

At Edinburgh thursday 6th December 1694

A1694/12/131

Act

Act Lord John Hamilton

The Lords of their Majesties privy Councill Haveing considered the petitione given in by the said Lord John Hamilton and the Earle of Leven Haveing represented That conforme to the reference made by their Lordships to Him he had spoak with the Lady Cardross and that her Ladyship humbly Craves That before she give up what is craved by the said petitione The workmen imployed about the publick work of the Mint and fabrick thereof may be payed of their accompts which is not above three Hundred pound scots seeing neither Her Lord nor she hes intrometted with the fond appoynted by act of parliament for the publick use of the mint and farder Haveing and farder having2 represented That the Lady had3 the keys sealled in papers The said Lords appoynts the said keyes sealled as they now are in papers to be delyvered to the said petitioner and Discharges either the sealls which are upon the keys to be broak off or the boxes to be opened untill the Comittee of privy Councill appoynted this day anent matters relateing to the mint doe meet or the Lords Commissioners of there majesties Thesaurie be acquainted therewith and Recomends to the said Lords Commissioners To cause payment be made to the said workmen of what is resting to them as said is That the said Lady may be releived thereof and appoynts the Lady Cardross to  delyver up to the said petitioner all papers or things relating to the mint which she hath in her Custodie and declairs That the said petitioners recept thereof shall be a sufficient exoneratione to her Ladyship of the same

1. NRS, PC1/50, 64.

2. Sic.

3. Insertion.

1. NRS, PC1/50, 64.

2. Sic.

3. Insertion.

Act, 6 December 1694, Edinburgh

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At Edinburgh thursday 6th December 1694

A1694/12/121

Act

Act and Comittie anent the mint

Anent the petitione given in to the Lords of their Majesties privy Councill by Lord John Hamilton Generall of their Majesties Mint Shewing That where there is in the Custodie of the Lady Cardross the key of the pix and standart silver plate which belonged to the mint and now aught to be in the said petitioners Custodie as Generall of the said mint and therfore Humblie Craveing That the said Lords might be pleased To give warrand and ordor to the said Lady Cardross To give up and delyver to the said Lord John Hamilton as generall of the mint the foresaid key of the pix and the standart plate with all papers or things relateing to the Mint which she hes in her Custodie Declareing the said petitioners recept to Her should be a sufficient exoneratione to her Ladyship in that behalf
The Lords of their majesties privy Councill having heared this foresaid petitione given in to them by the said Lord John Hamiltone They Delayed to give answere thereto till thursday And in the mean tyme recomends to the Earle of Leven to speak with the Lady Cardross in the said matter and lykewayes with the Lords Commissioners of their majesties Theasaurie anent the key of the pix and standart which useth to be in the said Lords their hands and report to the Councill on thursaday

At Edinburgh thursday 6th December 1694

A1694/12/121

Act

Act and Comittie anent the mint

Anent the petitione given in to the Lords of their Majesties privy Councill by Lord John Hamilton Generall of their Majesties Mint Shewing That where there is in the Custodie of the Lady Cardross the key of the pix and standart silver plate which belonged to the mint and now aught to be in the said petitioners Custodie as Generall of the said mint and therfore Humblie Craveing That the said Lords might be pleased To give warrand and ordor to the said Lady Cardross To give up and delyver to the said Lord John Hamilton as generall of the mint the foresaid key of the pix and the standart plate with all papers or things relateing to the Mint which she hes in her Custodie Declareing the said petitioners recept to Her should be a sufficient exoneratione to her Ladyship in that behalf
The Lords of their majesties privy Councill having heared this foresaid petitione given in to them by the said Lord John Hamiltone They Delayed to give answere thereto till thursday And in the mean tyme recomends to the Earle of Leven to speak with the Lady Cardross in the said matter and lykewayes with the Lords Commissioners of their majesties Theasaurie anent the key of the pix and standart which useth to be in the said Lords their hands and report to the Councill on thursaday

1. NRS, PC1/50, 63.

1. NRS, PC1/50, 63.

Order, 6 December 1694, Edinburgh

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At Edinburgh thursday 6th December 1694

A1694/12/111

Order

Recomendatione To their majesties Advocat To proces George Monro

The Lords of their majesties privy councill Doe Hereby recommend To Sir James Stueart their Majesties Advocat upon the publick expences To intent and follow furth a proces or lybell before the Councill at his instance against George Monroe Clerk of the Bailliarie of Cunynghame for cancelling giving up or putting out of the way some false bonds or other forged papers conforme to the informatione to be given in to the said Lord Advocat by Master Francis Montgomrie of Giffen.

At Edinburgh thursday 6th December 1694

A1694/12/111

Order

Recomendatione To their majesties Advocat To proces George Monro

The Lords of their majesties privy councill Doe Hereby recommend To Sir James Stueart their Majesties Advocat upon the publick expences To intent and follow furth a proces or lybell before the Councill at his instance against George Monroe Clerk of the Bailliarie of Cunynghame for cancelling giving up or putting out of the way some false bonds or other forged papers conforme to the informatione to be given in to the said Lord Advocat by Master Francis Montgomrie of Giffen.

1. NRS, PC1/50, 63.

1. NRS, PC1/50, 63.

Order, 6 December 1694, Edinburgh

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At Edinburgh thursday 6th December 1694

A1694/12/101

Order

Recomendatione two Serjants To the Lords of the Thesaury

The Lords of their majesties privy Councille Doe Hereby recommend To the Commissioners of their majesties Thesaurie To Cause payment be made to Serjant McPhersone and Serjant Edermonstrong of the reward offered to the seasurs of Tinkler Scarlat presently prisoner in the Tolbooth of the Cannongate, if any such reward hes been offered and if none such be offered Then to cause payment be made to them of such a competent rewaird as their Lordships shall think reasonable for seizing of the persone of the said John Scarlat Tinkler In respect these two Serjants have seized him

At Edinburgh thursday 6th December 1694

A1694/12/101

Order

Recomendatione two Serjants To the Lords of the Thesaury

The Lords of their majesties privy Councille Doe Hereby recommend To the Commissioners of their majesties Thesaurie To Cause payment be made to Serjant McPhersone and Serjant Edermonstrong of the reward offered to the seasurs of Tinkler Scarlat presently prisoner in the Tolbooth of the Cannongate, if any such reward hes been offered and if none such be offered Then to cause payment be made to them of such a competent rewaird as their Lordships shall think reasonable for seizing of the persone of the said John Scarlat Tinkler In respect these two Serjants have seized him

1. NRS, PC1/50, 62-3.

1. NRS, PC1/50, 62-3.

Order, 6 December 1694, Edinburgh

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At Edinburgh thursday 6th December 1694

A1694/12/91

Order

Recomendation To the Lord Advocat anent a man pressed at Ferniepartoncraigs

The Lords of their Majesties privie Councill Doe hereby recomend To Sir James Stueart their Majesties Advocat To informe himself of the pairtie or persons who are said to have pressed a man out of Woodheaven or Ferriepartoncraigs to be a souldier and upon his resistance tyed him to ane horse taill and dragg’d him for some myles of way and upon sufficient informatione and evidence To raise and prosecute a lybell against the persones guilty and that upon the publick expences.

At Edinburgh thursday 6th December 1694

A1694/12/91

Order

Recomendation To the Lord Advocat anent a man pressed at Ferniepartoncraigs

The Lords of their Majesties privie Councill Doe hereby recomend To Sir James Stueart their Majesties Advocat To informe himself of the pairtie or persons who are said to have pressed a man out of Woodheaven or Ferriepartoncraigs to be a souldier and upon his resistance tyed him to ane horse taill and dragg’d him for some myles of way and upon sufficient informatione and evidence To raise and prosecute a lybell against the persones guilty and that upon the publick expences.

1. NRS, PC1/50, 62.

1. NRS, PC1/50, 62.

Act, 6 December 1694, Edinburgh

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At Edinburgh thursday 6th December 1694

A1694/12/81

Act

Act Scot of Scotstarbitt

Anent the petitione given in to the Lords of their majesties privy Councill by David Scott of Scotstarbitt2 Shewing That where the said petitioner being formerlie under baille to appear before the said Lords when called for accordinglie he was charged in may Jaj vjc nynty and three years To appear before the said Lords and upon his appearance was confyned to the toune of Edinburgh where He hes ramined ever since to the great detriment of his health (3being accustomed to live in the Countrey and to the extream prejudice, ruine and loss of his privat affairs and particular interests, not being capable in respect of his long confynement to attend his affairs in Fyfe and else where and the said petitioner Haveing alwayes lived quyetly and peaceablie and is content upon the takeing off his confynement so that He might with freedome attend his necessar business To find sufficient Cautione not only to live peaceablie in tyme comeing but also to appear before the said Lords when called for and therfore humblie Craveing The said Lords To take the petitioners case to their Consideratione and to take of his confynement and allow Him to attend his affairs in the Countrey upon his finding sufficient Cautione to live peaceablie and to appear when called for as the said petitione at lenth bears
The Lords of their Majesties privy Councille Haveing considered the said petitione given in to them by the abovenamed David Scott They doe Hereby take off the said petitioners former confynement and Declare him to be free notwithstanding thereof To goe about his Lawfull affairs as any other of his majesties leidges In respect he hes given bond and found sufficient Cautione acted in the books of privy Councill That He should live peaceablie under and with all submissione to the present government of their Majesties King William and Queen Mary and that He should not act conduct or contryve any thing in prejudice thereof nor shall not converse or correspond with any Rebells and that He should appear before the said Lords when called for under the paine of fyve hundred pound starling in case he should transgress in any part of the premisses

At Edinburgh thursday 6th December 1694

A1694/12/81

Act

Act Scot of Scotstarbitt

Anent the petitione given in to the Lords of their majesties privy Councill by David Scott of Scotstarbitt2 Shewing That where the said petitioner being formerlie under baille to appear before the said Lords when called for accordinglie he was charged in may Jaj vjc nynty and three years To appear before the said Lords and upon his appearance was confyned to the toune of Edinburgh where He hes ramined ever since to the great detriment of his health (3being accustomed to live in the Countrey and to the extream prejudice, ruine and loss of his privat affairs and particular interests, not being capable in respect of his long confynement to attend his affairs in Fyfe and else where and the said petitioner Haveing alwayes lived quyetly and peaceablie and is content upon the takeing off his confynement so that He might with freedome attend his necessar business To find sufficient Cautione not only to live peaceablie in tyme comeing but also to appear before the said Lords when called for and therfore humblie Craveing The said Lords To take the petitioners case to their Consideratione and to take of his confynement and allow Him to attend his affairs in the Countrey upon his finding sufficient Cautione to live peaceablie and to appear when called for as the said petitione at lenth bears
The Lords of their Majesties privy Councille Haveing considered the said petitione given in to them by the abovenamed David Scott They doe Hereby take off the said petitioners former confynement and Declare him to be free notwithstanding thereof To goe about his Lawfull affairs as any other of his majesties leidges In respect he hes given bond and found sufficient Cautione acted in the books of privy Councill That He should live peaceablie under and with all submissione to the present government of their Majesties King William and Queen Mary and that He should not act conduct or contryve any thing in prejudice thereof nor shall not converse or correspond with any Rebells and that He should appear before the said Lords when called for under the paine of fyve hundred pound starling in case he should transgress in any part of the premisses

1. NRS, PC/150, 61-2.

2. The phrase ‘by David Scott of Scotstarbitt’ is an insertion.

3. Closing bracket missing.

1. NRS, PC/150, 61-2.

2. The phrase ‘by David Scott of Scotstarbitt’ is an insertion.

3. Closing bracket missing.