Tag Archives: 7 February 1695

Act, 7 February 1695, Edinburgh

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Edinburgh Thursday The seventh February Jaj vjc nyntie five

D1695/2/41

Act

Act Against Sarah Greir

Anent a Petitione given in to the Lords of his majesties privy Councill be John Stivensone and Sarrah Greir Shewing That quher the petitioners having right to some housses and tenements in Leith and in the peacable possessione therof Robert Mallach and. James Gregg did without any order of Law most violently at ther oun hands break open the doors of the saids houses and put out the fyre, and kendled fyre in ther oun name and therby intruded themselves in the possessione of the saids tenements which ever sincesyne they have most violently mentioned, and the petitioners haveing Imediatly after the said intrusione raised sumonds before the saids Lords for ther violent intruding themselves in the possessione, and ther being ane probatione adduced theranent at the advyseing therof the saids Lords by ther interloquitor of the date Remitt the said proces to be insisted in and determined by the Judg ordinar as to which It is represented that ther is no Judge so Competent for discussing of Ryots or defending the Leidges possessione as the saids Lords of privy Councill and albeit it be proper to the Judge ordinar to discuss the point of right betwixt the defenders and the petitioners It is most Competent to the saids Lords to determine in the petitioners proces for the violent intrusione and to punish the defenders according as the Crime deserves And Therfore Humbly Craveing the saids probatione adduced and determine against The said Robert Malloch and James Grey for ther violent intrussione without order of Law Conforme to ther Lybell and probatione adduced and to Remitt ther rights to the saids Lands to be discust by the Judge ordinar But ante omnia the petitioners ought to be reponed to ther possessione as the petitione bears The Lords of his Majesties privy Councill haveing Considered this petitione given in to them be the above John Stivensone and Sarah Greir They hereby Refuse the desyre therof and adheres to ther former interloquitor Remitting the proces to the Judge ordinary And Discharges the petitioners to trouble the Councill or any particular Councill or with any furder applicationes in this matter as she will be answerable.

Edinburgh Thursday The seventh February Jaj vjc nyntie five

D1695/2/41

Act

Act Against Sarah Greir

Anent a Petitione given in to the Lords of his majesties privy Councill be John Stivensone and Sarrah Greir Shewing That quher the petitioners having right to some housses and tenements in Leith and in the peacable possessione therof Robert Mallach and. James Gregg did without any order of Law most violently at ther oun hands break open the doors of the saids houses and put out the fyre, and kendled fyre in ther oun name and therby intruded themselves in the possessione of the saids tenements which ever sincesyne they have most violently mentioned, and the petitioners haveing Imediatly after the said intrusione raised sumonds before the saids Lords for ther violent intruding themselves in the possessione, and ther being ane probatione adduced theranent at the advyseing therof the saids Lords by ther interloquitor of the date Remitt the said proces to be insisted in and determined by the Judg ordinar as to which It is represented that ther is no Judge so Competent for discussing of Ryots or defending the Leidges possessione as the saids Lords of privy Councill and albeit it be proper to the Judge ordinar to discuss the point of right betwixt the defenders and the petitioners It is most Competent to the saids Lords to determine in the petitioners proces for the violent intrusione and to punish the defenders according as the Crime deserves And Therfore Humbly Craveing the saids probatione adduced and determine against The said Robert Malloch and James Grey for ther violent intrussione without order of Law Conforme to ther Lybell and probatione adduced and to Remitt ther rights to the saids Lands to be discust by the Judge ordinar But ante omnia the petitioners ought to be reponed to ther possessione as the petitione bears The Lords of his Majesties privy Councill haveing Considered this petitione given in to them be the above John Stivensone and Sarah Greir They hereby Refuse the desyre therof and adheres to ther former interloquitor Remitting the proces to the Judge ordinary And Discharges the petitioners to trouble the Councill or any particular Councill or with any furder applicationes in this matter as she will be answerable.

1. NRS, PC2/25, 175r-175v.

1. NRS, PC2/25, 175r-175v.

Sederunt, 7 February 1695, Edinburgh

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Edinburgh Thursday The seventh February Jaj vjc nyntie five1

D1695/2/32

Sederunt

Earl of Anandale pres; Earl of Mortone; Earl of Cassills; Earl of Leven; Earl of Forfar; Earl of Kintoir; Earl of Broadalbine; Lord Murray; Viscount Tarbat; Lord Carmicheall; Lord Polwarth; Lord Advocat; Lord Hatton; Mr Fr: Montgomry; Laird of Grant; Laird of Stivensone; Laird of Leyes.

Edinburgh Thursday The seventh February Jaj vjc nyntie five1

D1695/2/32

Sederunt

Earl of Anandale pres; Earl of Mortone; Earl of Cassills; Earl of Leven; Earl of Forfar; Earl of Kintoir; Earl of Broadalbine; Lord Murray; Viscount Tarbat; Lord Carmicheall; Lord Polwarth; Lord Advocat; Lord Hatton; Mr Fr: Montgomry; Laird of Grant; Laird of Stivensone; Laird of Leyes.

1. NRS, PC2/25, 175r.

2. NRS, PC2/25, 175r.

1. NRS, PC2/25, 175r.

2. NRS, PC2/25, 175r.

Order, 7 February 1695, Edinburgh

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At Edinburgh 7th February 1695

A1695/2/91

Order

James Carrind committed Prisoner

The Lords of his Majesties privy Councill haveing heared his Majesties Advocat represent That the Cautioner who stood bound for James Carrind skipper To present him to their Lordships when called had now brought the said James Carrind, to be presented before their Lordships and craved That he might be exonered of his bond of Cautionry whereby he was bound for the said James The said Lords Ordaine the macers of Councill to carry the said James Carrind to prisone there to continue untill he find sufficient Cautione in the tearms of the former bond granted by him and his Cautioner And exoners Patrick Fermer merchant in Edinburgh his former Cautioner and ordaines his bond of Cautionrie to be given up to Him

At Edinburgh 7th February 1695

A1695/2/91

Order

James Carrind committed Prisoner

The Lords of his Majesties privy Councill haveing heared his Majesties Advocat represent That the Cautioner who stood bound for James Carrind skipper To present him to their Lordships when called had now brought the said James Carrind, to be presented before their Lordships and craved That he might be exonered of his bond of Cautionry whereby he was bound for the said James The said Lords Ordaine the macers of Councill to carry the said James Carrind to prisone there to continue untill he find sufficient Cautione in the tearms of the former bond granted by him and his Cautioner And exoners Patrick Fermer merchant in Edinburgh his former Cautioner and ordaines his bond of Cautionrie to be given up to Him

1. NRS, PC1/50, 120.

1. NRS, PC1/50, 120.

Act, 7 February 1695, Edinburgh

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At Edinburgh 7th February 1695

A1695/2/81

Act

Act Gladstanes of that ilk

Anent the petitione given in to the Lords of his majesties privy Councill by James Gladstains of that ilk Shewing That Sir William Douglass of Cavers hes intented actione against the petitioner before the Lords of Sessione which he is not in a Capacity to defend In respect he is under the said Lords sentance of Confynment So that the said Sir William may catch great advantages against the said petitioner unless the said Lords take off his Confynement either absolutly or untill the sessione be ended And some Competent tyme therafter that I may returne to the same againe And therfor humblie Craveing in manner and to the effect aftermentioned as the said petitione bears
The Lords of his majesties privy Councill haveing considered the said petitione given in to them by the said James Gladstanes of that ilk They Hereby take of the sentance of confynement pronounced against the said petitioner and notwithstanding thereof allows Him to goe about his affaires and to attend the sessione untill the fyfth day of March next to come The said petitioner first giveing bond and finding sufficient Cautione acted in the books of privy Councill That He shall repaire to his Confynement at his owne house of and two myles about the same and not goe without the bounds of his Confynement And in the mean tyme 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 nor contryve anything 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 penaltie of fyve thousand merks scots money in case He shall transgress in any part of the premisses

At Edinburgh 7th February 1695

A1695/2/81

Act

Act Gladstanes of that ilk

Anent the petitione given in to the Lords of his majesties privy Councill by James Gladstains of that ilk Shewing That Sir William Douglass of Cavers hes intented actione against the petitioner before the Lords of Sessione which he is not in a Capacity to defend In respect he is under the said Lords sentance of Confynment So that the said Sir William may catch great advantages against the said petitioner unless the said Lords take off his Confynement either absolutly or untill the sessione be ended And some Competent tyme therafter that I may returne to the same againe And therfor humblie Craveing in manner and to the effect aftermentioned as the said petitione bears
The Lords of his majesties privy Councill haveing considered the said petitione given in to them by the said James Gladstanes of that ilk They Hereby take of the sentance of confynement pronounced against the said petitioner and notwithstanding thereof allows Him to goe about his affaires and to attend the sessione untill the fyfth day of March next to come The said petitioner first giveing bond and finding sufficient Cautione acted in the books of privy Councill That He shall repaire to his Confynement at his owne house of and two myles about the same and not goe without the bounds of his Confynement And in the mean tyme 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 nor contryve anything 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 penaltie of fyve thousand merks scots money in case He shall transgress in any part of the premisses

1. NRS, PC1/50, 119-20.

1. NRS, PC1/50, 119-20.

Order, 7 February 1695, Edinburgh

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At Edinburgh 7th February 1695

A1695/2/71

Order

Recommendatione Grahamhall To the Thesaurie

The Lords of his majesties privy Councill Doe Hereby recomend to the Lords Commissioners of his Majesties Thesaurie To Cause delyver to James Graham of Grahamshall the number of ane Hundred fyrelocks with powder conforme And also such quantity of Cannon ball and cannon pouder conforme as will be usefull in order to the defence of the Countrey of Orknay against Privateers To be transported thither by the said James Grahame his finding security That he shall imploy the same to the effect foresaid and shall returne the fyrelocks and also the Cannonball and powder so far as the same shall not be made use of, as the said Lords Comissioners of his majesties Theasurie shall find just And Recommends to the said Lords to Consider the expences of transportatione may be And allow the said James Grahame suitablie for doeing thereof

At Edinburgh 7th February 1695

A1695/2/71

Order

Recommendatione Grahamhall To the Thesaurie

The Lords of his majesties privy Councill Doe Hereby recomend to the Lords Commissioners of his Majesties Thesaurie To Cause delyver to James Graham of Grahamshall the number of ane Hundred fyrelocks with powder conforme And also such quantity of Cannon ball and cannon pouder conforme as will be usefull in order to the defence of the Countrey of Orknay against Privateers To be transported thither by the said James Grahame his finding security That he shall imploy the same to the effect foresaid and shall returne the fyrelocks and also the Cannonball and powder so far as the same shall not be made use of, as the said Lords Comissioners of his majesties Theasurie shall find just And Recommends to the said Lords to Consider the expences of transportatione may be And allow the said James Grahame suitablie for doeing thereof

1. NRS, PC1/50, 118-19.

1. NRS, PC1/50, 118-19.

Procedure, 7 February 1695, Edinburgh

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At Edinburgh 7th February 1695

A1695/2/61

Procedure

Earl of Strathmore his Excuse

The Earle of Anandale president of the Councill acquainted the board That he haveing at their Lordships desyre wryttin to the Earle of Strathmore To attend the Councillors now abroad doe returne The Earle represents that his Ladie Is sick and Hopes the Councill will excuse his absence till she recover and in the mean tyme declairs his willingness

At Edinburgh 7th February 1695

A1695/2/61

Procedure

Earl of Strathmore his Excuse

The Earle of Anandale president of the Councill acquainted the board That he haveing at their Lordships desyre wryttin to the Earle of Strathmore To attend the Councillors now abroad doe returne The Earle represents that his Ladie Is sick and Hopes the Councill will excuse his absence till she recover and in the mean tyme declairs his willingness

1. NRS, PC1/50, 118.

1. NRS, PC1/50, 118.

Procedure: committee formed, 7 February 1695, Edinburgh

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At Edinburgh 7th February 1695

A1695/2/51

Procedure: committee formed

Rabble among the Guards at Edinburgh

The Councill being informed That by ordor from a Comittie of privie Councill anent souldiers and recruits; The Guards of Leith Convoying two persones seized as Souldiers from Leith tolbooth to Edinburgh tolbooth They were stoped in their March through the street of Edinburgh And a rable being gathered The guard come from Leith were beaten and some of them wounded and the prisoners haveing escaped The toune guard of Edinburgh gave noe assistance to the partie come from Leith They called for the Captaine Leut and other officers of the toune Gaurd of Edinburgh and finding there was ordors given to the Serjant if any partie of Souldiers did pass their Guard Before they acquainted them That the serjant should stop that partie as the guards of the Cannongate were wont to doe to the Toune of Edinburghs Guards or the guards of the Cannongate to stop any other whill they are in executione of the Commands of the Councill or their Committie and Haveing given a reprimand to the Captaine of the guard of Edinburgh for the maledeportment of his guard in this affaire and discharged him to give any orders for stopeing any guards marcheing through the toune in prosecutione of the Councills Commands at any tyme before sunsett He was dismissed and the Councill appoynts him immediatly to send to the tolbooth of Edinburgh the Serjant who Commanded the Guaird when the rable was raised In respect he not only stopt the partie on their march but gave them noe assistance against the Rable And the Councill nominats and appoynts The Earle of Leven Viscount of Tarbat Lord Carmichaell Master Francis Montgomerie and the Laird of Grant to be a Comittie to take tryall and make inquyrie anent the ryse of the said rable and the prejudice done by them and to examine witneses and to take all other probatione necessar for that effect And Appoynts the Magistrats of Edinburgh to be present and fournish them with probatione And Recomends to the Comittie to meet the morrow at ten of the Clock in the forenoone and any three a quorum

At Edinburgh 7th February 1695

A1695/2/51

Procedure: committee formed

Rabble among the Guards at Edinburgh

The Councill being informed That by ordor from a Comittie of privie Councill anent souldiers and recruits; The Guards of Leith Convoying two persones seized as Souldiers from Leith tolbooth to Edinburgh tolbooth They were stoped in their March through the street of Edinburgh And a rable being gathered The guard come from Leith were beaten and some of them wounded and the prisoners haveing escaped The toune guard of Edinburgh gave noe assistance to the partie come from Leith They called for the Captaine Leut and other officers of the toune Gaurd of Edinburgh and finding there was ordors given to the Serjant if any partie of Souldiers did pass their Guard Before they acquainted them That the serjant should stop that partie as the guards of the Cannongate were wont to doe to the Toune of Edinburghs Guards or the guards of the Cannongate to stop any other whill they are in executione of the Commands of the Councill or their Committie and Haveing given a reprimand to the Captaine of the guard of Edinburgh for the maledeportment of his guard in this affaire and discharged him to give any orders for stopeing any guards marcheing through the toune in prosecutione of the Councills Commands at any tyme before sunsett He was dismissed and the Councill appoynts him immediatly to send to the tolbooth of Edinburgh the Serjant who Commanded the Guaird when the rable was raised In respect he not only stopt the partie on their march but gave them noe assistance against the Rable And the Councill nominats and appoynts The Earle of Leven Viscount of Tarbat Lord Carmichaell Master Francis Montgomerie and the Laird of Grant to be a Comittie to take tryall and make inquyrie anent the ryse of the said rable and the prejudice done by them and to examine witneses and to take all other probatione necessar for that effect And Appoynts the Magistrats of Edinburgh to be present and fournish them with probatione And Recomends to the Comittie to meet the morrow at ten of the Clock in the forenoone and any three a quorum

1. NRS, PC1/50, 117-18.

1. NRS, PC1/50, 117-18.

Sederunt, 7 February 1695, Edinburgh

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At Edinburgh 7th February 16951

A1695/2/42

Sederunt

3Earl of Annandale P C; Earl of Morton; Earl of Cassills; Earl of Leven; Earl of Forfar; Earl of Kintore; Earl of Breadalbane; Lord Murray; Viscount Tarbatt; Lord Carmichaell; Lord Polwarth; Lord Advocat; Lord Hattoune; Mr Fran Montgomerie; Laird of Grant; Laird of Stevensone; Laird of Leyes

At Edinburgh 7th February 16951

A1695/2/42

Sederunt

3Earl of Annandale P C; Earl of Morton; Earl of Cassills; Earl of Leven; Earl of Forfar; Earl of Kintore; Earl of Breadalbane; Lord Murray; Viscount Tarbatt; Lord Carmichaell; Lord Polwarth; Lord Advocat; Lord Hattoune; Mr Fran Montgomerie; Laird of Grant; Laird of Stevensone; Laird of Leyes

1. NRS, PC1/50, 117.

2. NRS, PC1/50, 117.

3. Marginal note scored out here: ‘Rabble among the Guards at Edinburgh’.

1. NRS, PC1/50, 117.

2. NRS, PC1/50, 117.

3. Marginal note scored out here: ‘Rabble among the Guards at Edinburgh’.