Att Edinburgh the Seventh day of September J^aj vi^c nyntie Seven years

D1697/9/3

D1697/9/3¹

Act

Act Laird of Culloden

Anent the petitione given in to the Lords of his majesties privie Counsell be Dwncan Forbess of Culloden Shewing that the Kingdome being by the act of parliament J^aj vi^c and Sixtie thrie Lyable to a militia of twentie Thowsand foot and two thowsand horse which is proportioned upon the severall Districts Conforme to the tenor of the said act In which proportioneing The Commissioners for the District of The Earle of Seaforth and Lord Lovatt benorth Ness haveing Laird bwrden upon the petitioners Lands of Ferrintosh as lying Locallie within ther divisione with which also it was in wse to contribute in all former Leveyes And the Shyre of Nairne Clameing that the Same Lands doe belong to ther Divisione as being a pendicle of that Shirreffship althowgh they be farr separat from Nairne by ane interjected Sea and many myles of Land Yet hath the said Shyre of Nairne layed a proportione of ther burden upon the petitioners saids Lands also Throwgh which Strife betuixt the two districts the petitioners Lands are allwayes in hazard of qwartering or pounding for the deficiencie of Nairne Notwithstanding that he and his saids Lands have never been deficient of any pairt of aither militia Leveyes or recrwites to this present houre haveing all wayes payed the Same to the district of Seaforth and Lovatt As the recepts and discharges under the hands of the respective Commanders and officers of foot and horse who uplifted the Same therwith prodwced doeth testifie And Since It is impossible the petitioners Lands can belong to both the districts at oure And that he can only be lyable in once and Single payment And therfore humbly craveing ther Lordships to Suspend all orders of qwartering given or to be given by the Commissioners of the Shyre and district of Nairne ay and while it be determined by ther Lordships which of the two have best right to the petitioners Lands And in the mean tyme authorize the petitioner to continue his payment Sicwt ante untill it be otherwayes determined by Law As the Said petitione bears The saids Lords of his majesties privie Cownsell haveing Considered the above petitione with the discharges mentioned therin and prodwced therwith They heirby allow the Commissioners for the Shyre of Nairne to sie and answer the Same against the first Counsell day in November next to come And in the mean tyme Discharges the Commissioners of the said Shyre and district of Nairne to qwarter upon the petitioner or his tennents or Lands untill it be determined by ther Lordships who have best right and allowes the petitioner to continwe his payment Sicut ante untill it be otherwayes determined