Tag Archives: 8 April 1696

Act, 8 April 1696, Edinburgh

Posted on by

Att Edinburgh the Eight day of Apprile Jaj vic nyntie six yeirs

D1696/4/91

Act

Act Maxwell of Burnbrae and Comissioners of Aberdeen Shyre

Anent the petitione given in to the Lords of his majesties privie Counsell be Robert Martine of Burnebrae Subtackseman of the additionall excyse of their pennies on the pint imposed by act of parliament Jaj vic nyntie thrie within the Shyre and towne of Aberdeen Shewing That wher the petitioner haveing ingadged himself as Subtackseman of the said additionall excyse within the towne and Shyre of Aberdeen for payment of the Soume of Fourtie one Thowsand five Hundereth twentie eight pund Scotts money for twentie thrie moneths Space And that he entered into the said tack upon the faith of the third act fourth Sessione of this current present parliament wherby the said additionall excyse at the rate of thrie pennies on the pint therby imposed was by all Judiciows men at the tyme of the imposeing therof Judged to be nothing Short of two merks upon the boll and that experience in exacting the Samen over all other places in the kingdome hes confirmed the same so that by the Later act twentie eight Sessione fourth of this current parliament Suppressing the annexed excyse at two merks per boll The Saids thrie pennies on the pynt was estaiblished and annexed to the croune as a Suteable recompense for the said two merks per boll The exacting at that rate by the liqwor amounting manifestly to more then the old two merks per boll Did aryse to And also upon assureance that the comissioners of excyse as publict ministers in the governement would allow all collectors and tacksemen the benefite of the method prescribed by the Law imposeing the Said additionall excyse in referance to the maner of exacting and uplifting the Samen As is mentioned in the act fourtein Jaj vic Sixtie one by Disproveing of entries to be made by the brewers and fyneing them to Double the valwe of the malt concealled and not entered and in caice of contumacy in not makeing entries at all in allowing the tacksemen claimes against them conforme to the constant practicq of the natione and the saids Lords proclamatione to that purpose in December Jaj vic nyntie thrie Wherby the petitioner was induced to enter into a Subtack of the said excyse upon termes als reasoneable as other Subtacksemen in the kingdome Yet nevertheles among the other discouragements the petitioner hes mett with in makeing the said excyse effectuall It hes So fallen out that by the illegall courses taken by and male administratione of the Commissioners of excyse in the Said Shyre of Aberdeen who are of the governments nomination that the said Robert Martine hes not only fallen Short of Four Thousand thrie Hundereth punds Scotts of tack duety by and attour his expensses (which were exceedingly increased by the brewers contumacie occasioned through the Commissioners oppositione to him) But also of what modest profite he might have expected, And of the which male administratione the petitioner humbly offers the following Steps to the Saids Lords consideratione primo That the saids Commissioners Did upon the twentie Sixth day of Jullie Jaj vic nyntie thrie by a printed act of ther Sederwnt take upon them in Direct termes to invert the said act of parlaiment imposeing the thrie pennies of additionall exoyse upon the liqwor in so far as they most wnwarrantably Declaire the meaneing of the act of parliament anent the exacting by the liqwor to have bein that the said additionall excyse Should be exacted with respect to the grain at the rate of a fourth pairt Short of two merks per boll as is the meaneing of the act of parliament anent exacting thrie pennies of the pynt had bein but thrie fourth pairts of two merks Should be exacted but for the boll at which rate the petitioner was most wnjustly cutt of from no Less then a full2 fourth pairt of the said whole additionall excyse which was in re veritate and is now by act of parliament establishing the Same in place of the two merks per boll found everie way Suteable and proportionable to the said two merks so that the Commissioners Did illegallie in takeing on them to putt Such a misinterpretatione on the Law to the petitioner and the governments Damnadge as afoirsaid Secundo albeit the Commissioners by the said act of sederunt Seemed to remitt the foirsaid mater anent the meaneing of the said act of parliament to the privie Counsells consideratione yet they have never to this houre made applicatione to the saids Lords for ane interpretatione of the said act wherthrough Dureing this dependance the brewers were imboldened to treate the petitioner as they pleased But all this was exactly callcullat to favoure one George Mckeinzie the tacksman of the old annexed excyse who alone had the brewers under tack while the petitioner was yet but entering upon his office as a tackseman of the additionall excyse and as ane evidence therof he the Said tacksman of the annexed excyse Does upon the foot of the commissioners said printed act print Likewayes a most false and illegall advertisement to all the brewers Mentioneing that the petitioner was goeing about to oppress them by proposeing the exactione of the additionall excyse conforme to the Liqwore or malt at his pleasure whill the commissioners of the Shyre Did give ther opinion that the meaneing of the Law was to exact the Same at the rate of twentie Shilling on the boll only And therfor advertiseing the brewers not to be imposed upon in paying the additionall excyse conforme to the liquor and that they Should not So much as give up entries or accompts of ther brewing to the petitioner otherwise then according to ther knouledge assureing them that if the petitionre proceeded by Legall dilligence against the saids brewers without express orders from the saids commissioners efter examinatione of maters The Commissioners would pwnish him as ane oppressor and both which acts viz The Commissioners act of sedeunt and tacksman of the annexed excyse his said advertisement haveing bein printed and published in all the paroch churches of the Shyre efter Sermon Did so far annimat the brewers against the petitioner that they became utterly contumacious in everie point Tertio the petitioner haveing applyed and attended in the moneth of September the said yeir at the places appointed in each presbetrie for the brewers to come and give up ther entries and upon ther faillieing so to doe efter due intimatione the petitioner had therby a Jus qwasitum and ane undoubted right to all the certificationes the Law and constant customes alloued against contumacious brewers for the act imposeing the additionall excyse alloues of all the methods and compullsitors formerly appointed for makeing the excyse effectuall Nevertheles the saids Commissioners at ther next meeting in october therefter by by3 ther other act did at ther own hand discharge all nonentries whatsomever and penalties incurred therthrow be the brewers as will appear by the acts of ther sederunt wherby takeing away the certificatione of the Law without the benefite wherof was not possible for the petitioner (nor ever shall be for any tackseman) to make the excyse effectuall which Doe So much the furder encouradge the saids brewars in ther obstinacie that near five moneths tyme elapsed befor the petitioner could recover So much as one Sixpense of the said additionall excyse And against which act some of the Commissioners ther own number Did enter ther protestationes as illegall and wnwarrantable Throw all which Stepps of the Commissioners ther proceedings the petitioners Damnadge and Loss as afoirsaid is nothing less then Eight Thowsand punds Scotts as appeared by the accompts therwith given in of the Least farthing he intrometted with upon wttmost Dilligence And wheranent the petitioner is content to subject himself to the most narrow and exact tryell of the saids Commissioners themselvs or any other the saids Lords Should appoint And altho ther be as yet severall Deficients amongest the brewers yet nevertheles through the discouradgement the petitioner hes mett with it will be wtterly impossible for him to recover payment therof without the concurse of authoritie And Seing from what is above said it is evident that this callamitie hes happened to the petitioner by publict ministers in the governement and is a palpable vis major upon the petitioner And considering that the saids Lords are in wse upon emergencies of Such occasiones of Loss to take the damnified caice of the Skaithed tacksmen into ther consideratione and appoint Such methods for ther ease as the merits of the cause requyres And ther haveing few caices hapned wherin the tacksemens conditione pleades more favoure then this And therfor Humbly craving the saids Lords would be pleased to take tryell anent the petitioners intromissiones And that by remitting his accompts therwith given in to the very Comissioners of the Shyres themselvs to be examined by them and reported against a certaine day or by what other maner of way the saids Lords thought fitt That the petitioners great Skaith and Damnadge being liqwidat and knowen the saids Lords might allow him and ease proportionable therto And in the meane tyme sist executione against the petitioner upon his paying in to the tacksemen what neat money he4 hes receaved upon accompt of the said additionall excyse And that ay and while the report anent the petitioners accompts his Loss appeared as said is And sicklyke that the saids Lords would be pleased to appoint a collector for inbringing the Deficiencie of the said additionall excyse that yet stands owt with a recomendatione to the Commissioners of the Shyre to be more assisting to him then they have bein to the petitioner As the said petitione bears Which petitione being upon the threttein day of Febrwary Last read in presence of the saids Lords They allowed the Commissioners of Supplie within the Shyre of Aberdeen to Sir and ansuer the Same And in the meane tyme Sisted executione at the tacksemens instance against the petitioner untill the said petitione and ansuers to be made therto Should be advised and interloquitor pronunced be the saids Lords therupon And the Commissioners of the said Shyre of Aberdeen haveing given in a representatione to the saids Lords of privie Councell by way of ansuer to Burnebraes petitione Which representatione and Burnebraes petitione being upon the threttie one day of March Last red in presence of the saids Lords They appointed a comittie of ther own number to consider the Same and the petitione given in the Boyll of Kellburnd and James Forbes and haill other papers relateing to this mater Which comittie haveing accordingly mett gave in ther report to the saids Lords of privie Counsell And the saids Lords haveing this day heard the Comitties report with a petitione for The Comissioners of Aberdeen Shyre against the said report They befor adviseing of Burnebraes report And before they give ansuer to the Commissioners petition Doe heirby assigne the fourth day of June next to come to the saids commissioners to instruct how much of the said additionall excyse is uplifted be the said Robert Martine and how much of the Same is resting in the brewers hands and to produce the accompts this stated to their Lordships at the day foirsaid and assignes that same day to Burnebrae to liqwidat instruct and prove the damnadges he hes Sustained upon the accompts and occasions mentioned in his complaint And grants dilligence hinc inde for that effect both against wittnesses and havers of wrytes and in the mean tyme alloues the saids Commissioners to collect what is resting of the said excyse in the brewers hands and alloues And ordaines the saids Commissioners to meet als often as Shall be needfull for the ends foirsaids And reserves to the saids commissioners all ther Laufull defences or alleadgeances in this mater to be proponed and insisted befor The Councell upon the said fourth day of June next to come5

Att Edinburgh the Eight day of Apprile Jaj vic nyntie six yeirs

D1696/4/91

Act

Act Maxwell of Burnbrae and Comissioners of Aberdeen Shyre

Anent the petitione given in to the Lords of his majesties privie Counsell be Robert Martine of Burnebrae Subtackseman of the additionall excyse of their pennies on the pint imposed by act of parliament Jaj vic nyntie thrie within the Shyre and towne of Aberdeen Shewing That wher the petitioner haveing ingadged himself as Subtackseman of the said additionall excyse within the towne and Shyre of Aberdeen for payment of the Soume of Fourtie one Thowsand five Hundereth twentie eight pund Scotts money for twentie thrie moneths Space And that he entered into the said tack upon the faith of the third act fourth Sessione of this current present parliament wherby the said additionall excyse at the rate of thrie pennies on the pint therby imposed was by all Judiciows men at the tyme of the imposeing therof Judged to be nothing Short of two merks upon the boll and that experience in exacting the Samen over all other places in the kingdome hes confirmed the same so that by the Later act twentie eight Sessione fourth of this current parliament Suppressing the annexed excyse at two merks per boll The Saids thrie pennies on the pynt was estaiblished and annexed to the croune as a Suteable recompense for the said two merks per boll The exacting at that rate by the liqwor amounting manifestly to more then the old two merks per boll Did aryse to And also upon assureance that the comissioners of excyse as publict ministers in the governement would allow all collectors and tacksemen the benefite of the method prescribed by the Law imposeing the Said additionall excyse in referance to the maner of exacting and uplifting the Samen As is mentioned in the act fourtein Jaj vic Sixtie one by Disproveing of entries to be made by the brewers and fyneing them to Double the valwe of the malt concealled and not entered and in caice of contumacy in not makeing entries at all in allowing the tacksemen claimes against them conforme to the constant practicq of the natione and the saids Lords proclamatione to that purpose in December Jaj vic nyntie thrie Wherby the petitioner was induced to enter into a Subtack of the said excyse upon termes als reasoneable as other Subtacksemen in the kingdome Yet nevertheles among the other discouragements the petitioner hes mett with in makeing the said excyse effectuall It hes So fallen out that by the illegall courses taken by and male administratione of the Commissioners of excyse in the Said Shyre of Aberdeen who are of the governments nomination that the said Robert Martine hes not only fallen Short of Four Thousand thrie Hundereth punds Scotts of tack duety by and attour his expensses (which were exceedingly increased by the brewers contumacie occasioned through the Commissioners oppositione to him) But also of what modest profite he might have expected, And of the which male administratione the petitioner humbly offers the following Steps to the Saids Lords consideratione primo That the saids Commissioners Did upon the twentie Sixth day of Jullie Jaj vic nyntie thrie by a printed act of ther Sederwnt take upon them in Direct termes to invert the said act of parlaiment imposeing the thrie pennies of additionall exoyse upon the liqwor in so far as they most wnwarrantably Declaire the meaneing of the act of parliament anent the exacting by the liqwor to have bein that the said additionall excyse Should be exacted with respect to the grain at the rate of a fourth pairt Short of two merks per boll as is the meaneing of the act of parliament anent exacting thrie pennies of the pynt had bein but thrie fourth pairts of two merks Should be exacted but for the boll at which rate the petitioner was most wnjustly cutt of from no Less then a full2 fourth pairt of the said whole additionall excyse which was in re veritate and is now by act of parliament establishing the Same in place of the two merks per boll found everie way Suteable and proportionable to the said two merks so that the Commissioners Did illegallie in takeing on them to putt Such a misinterpretatione on the Law to the petitioner and the governments Damnadge as afoirsaid Secundo albeit the Commissioners by the said act of sederunt Seemed to remitt the foirsaid mater anent the meaneing of the said act of parliament to the privie Counsells consideratione yet they have never to this houre made applicatione to the saids Lords for ane interpretatione of the said act wherthrough Dureing this dependance the brewers were imboldened to treate the petitioner as they pleased But all this was exactly callcullat to favoure one George Mckeinzie the tacksman of the old annexed excyse who alone had the brewers under tack while the petitioner was yet but entering upon his office as a tackseman of the additionall excyse and as ane evidence therof he the Said tacksman of the annexed excyse Does upon the foot of the commissioners said printed act print Likewayes a most false and illegall advertisement to all the brewers Mentioneing that the petitioner was goeing about to oppress them by proposeing the exactione of the additionall excyse conforme to the Liqwore or malt at his pleasure whill the commissioners of the Shyre Did give ther opinion that the meaneing of the Law was to exact the Same at the rate of twentie Shilling on the boll only And therfor advertiseing the brewers not to be imposed upon in paying the additionall excyse conforme to the liquor and that they Should not So much as give up entries or accompts of ther brewing to the petitioner otherwise then according to ther knouledge assureing them that if the petitionre proceeded by Legall dilligence against the saids brewers without express orders from the saids commissioners efter examinatione of maters The Commissioners would pwnish him as ane oppressor and both which acts viz The Commissioners act of sedeunt and tacksman of the annexed excyse his said advertisement haveing bein printed and published in all the paroch churches of the Shyre efter Sermon Did so far annimat the brewers against the petitioner that they became utterly contumacious in everie point Tertio the petitioner haveing applyed and attended in the moneth of September the said yeir at the places appointed in each presbetrie for the brewers to come and give up ther entries and upon ther faillieing so to doe efter due intimatione the petitioner had therby a Jus qwasitum and ane undoubted right to all the certificationes the Law and constant customes alloued against contumacious brewers for the act imposeing the additionall excyse alloues of all the methods and compullsitors formerly appointed for makeing the excyse effectuall Nevertheles the saids Commissioners at ther next meeting in october therefter by by3 ther other act did at ther own hand discharge all nonentries whatsomever and penalties incurred therthrow be the brewers as will appear by the acts of ther sederunt wherby takeing away the certificatione of the Law without the benefite wherof was not possible for the petitioner (nor ever shall be for any tackseman) to make the excyse effectuall which Doe So much the furder encouradge the saids brewars in ther obstinacie that near five moneths tyme elapsed befor the petitioner could recover So much as one Sixpense of the said additionall excyse And against which act some of the Commissioners ther own number Did enter ther protestationes as illegall and wnwarrantable Throw all which Stepps of the Commissioners ther proceedings the petitioners Damnadge and Loss as afoirsaid is nothing less then Eight Thowsand punds Scotts as appeared by the accompts therwith given in of the Least farthing he intrometted with upon wttmost Dilligence And wheranent the petitioner is content to subject himself to the most narrow and exact tryell of the saids Commissioners themselvs or any other the saids Lords Should appoint And altho ther be as yet severall Deficients amongest the brewers yet nevertheles through the discouradgement the petitioner hes mett with it will be wtterly impossible for him to recover payment therof without the concurse of authoritie And Seing from what is above said it is evident that this callamitie hes happened to the petitioner by publict ministers in the governement and is a palpable vis major upon the petitioner And considering that the saids Lords are in wse upon emergencies of Such occasiones of Loss to take the damnified caice of the Skaithed tacksmen into ther consideratione and appoint Such methods for ther ease as the merits of the cause requyres And ther haveing few caices hapned wherin the tacksemens conditione pleades more favoure then this And therfor Humbly craving the saids Lords would be pleased to take tryell anent the petitioners intromissiones And that by remitting his accompts therwith given in to the very Comissioners of the Shyres themselvs to be examined by them and reported against a certaine day or by what other maner of way the saids Lords thought fitt That the petitioners great Skaith and Damnadge being liqwidat and knowen the saids Lords might allow him and ease proportionable therto And in the meane tyme sist executione against the petitioner upon his paying in to the tacksemen what neat money he4 hes receaved upon accompt of the said additionall excyse And that ay and while the report anent the petitioners accompts his Loss appeared as said is And sicklyke that the saids Lords would be pleased to appoint a collector for inbringing the Deficiencie of the said additionall excyse that yet stands owt with a recomendatione to the Commissioners of the Shyre to be more assisting to him then they have bein to the petitioner As the said petitione bears Which petitione being upon the threttein day of Febrwary Last read in presence of the saids Lords They allowed the Commissioners of Supplie within the Shyre of Aberdeen to Sir and ansuer the Same And in the meane tyme Sisted executione at the tacksemens instance against the petitioner untill the said petitione and ansuers to be made therto Should be advised and interloquitor pronunced be the saids Lords therupon And the Commissioners of the said Shyre of Aberdeen haveing given in a representatione to the saids Lords of privie Councell by way of ansuer to Burnebraes petitione Which representatione and Burnebraes petitione being upon the threttie one day of March Last red in presence of the saids Lords They appointed a comittie of ther own number to consider the Same and the petitione given in the Boyll of Kellburnd and James Forbes and haill other papers relateing to this mater Which comittie haveing accordingly mett gave in ther report to the saids Lords of privie Counsell And the saids Lords haveing this day heard the Comitties report with a petitione for The Comissioners of Aberdeen Shyre against the said report They befor adviseing of Burnebraes report And before they give ansuer to the Commissioners petition Doe heirby assigne the fourth day of June next to come to the saids commissioners to instruct how much of the said additionall excyse is uplifted be the said Robert Martine and how much of the Same is resting in the brewers hands and to produce the accompts this stated to their Lordships at the day foirsaid and assignes that same day to Burnebrae to liqwidat instruct and prove the damnadges he hes Sustained upon the accompts and occasions mentioned in his complaint And grants dilligence hinc inde for that effect both against wittnesses and havers of wrytes and in the mean tyme alloues the saids Commissioners to collect what is resting of the said excyse in the brewers hands and alloues And ordaines the saids Commissioners to meet als often as Shall be needfull for the ends foirsaids And reserves to the saids commissioners all ther Laufull defences or alleadgeances in this mater to be proponed and insisted befor The Councell upon the said fourth day of June next to come5

1. NRS, PC2/26, 156v-161r.

2. The word ‘all’ scored out here.

3. Sic.

4. The letter ‘s’ scored out at the end of this word.

5. A marginal note: ‘The two Last oft this day are forgott here and booked in the beginning of the day following’.

1. NRS, PC2/26, 156v-161r.

2. The word ‘all’ scored out here.

3. Sic.

4. The letter ‘s’ scored out at the end of this word.

5. A marginal note: ‘The two Last oft this day are forgott here and booked in the beginning of the day following’.

Procedure: report, 8 April 1696, Edinburgh

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Att Edinburgh the Eight day of Apprile Jaj vic nyntie six yeirs

D1696/4/81

Procedure: report

Anent Burnbrae and the Commissioners of Aberdeen

Report of the Comittie upon Burnbraes petitione and a petitione be the Comissioners of Aberdeen against the said report Read and the councell befor adviseing of Burntbraes report and befor they give ansuer to the Comissioners petitione Doe heirby assigne the fourth day of Juny next to come to the saids Commissioners to instruct how much of the said additionall excyse is uplifted by the said Robert Martine of Burntbrae and how much of the Same is resting in the brewers hands And to produce the accompt thus stated to their Lordships And in the mean tyme Recomends to the Comissioners to cause collect what is resting of the Said excyse in the brewars hands And reserves to the saids Comissioners all ther Laufull defenses or alleadgeances in this mater to be proponed and insisted in befor the Counsell upon the said furth of Juny next to come

Att Edinburgh the Eight day of Apprile Jaj vic nyntie six yeirs

D1696/4/81

Procedure: report

Anent Burnbrae and the Commissioners of Aberdeen

Report of the Comittie upon Burnbraes petitione and a petitione be the Comissioners of Aberdeen against the said report Read and the councell befor adviseing of Burntbraes report and befor they give ansuer to the Comissioners petitione Doe heirby assigne the fourth day of Juny next to come to the saids Commissioners to instruct how much of the said additionall excyse is uplifted by the said Robert Martine of Burntbrae and how much of the Same is resting in the brewers hands And to produce the accompt thus stated to their Lordships And in the mean tyme Recomends to the Comissioners to cause collect what is resting of the Said excyse in the brewars hands And reserves to the saids Comissioners all ther Laufull defenses or alleadgeances in this mater to be proponed and insisted in befor the Counsell upon the said furth of Juny next to come

1. NRS, PC2/26, 156v.

1. NRS, PC2/26, 156v.

Act, 8 April 1696, Edinburgh

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Att Edinburgh the Eight day of Apprile Jaj vic nyntie six yeirs

D1696/4/71

Act

Act Countess of Drumfreise anent her service and infeftment

Anent the petitione given in to The Lords of his majesties privie Counsell Be Penelope Countess of Drumfreise Shewing That wher the petitioner is appeareing airess of Taillzea to the deceast William Earle of Drumfreiss her brother in the Lands and barronie of Cwmnock Glenmwre and others within the parochine of Cumnock which were erected into a regalitie in favors of the deceast Charles Lord Chrichtowne the petitioners father She hes taken out breives and intends to Serve herself air in Speciall to her said brother befor James Riddoch baillie of the said Regalitie And being past pwpillaritie the petitioner Likewayes intends to choose her curators befor the said Baillie And albeit the said baillie and other officers of court have bein in the excise of that office ever since the Decease of her father and brother yet Seing the petitioners Said Speciall Service and electione of her curators will concerne the Setlement and Securitie of the estate And considering that the said James Riddoch and other members of court did flow her father now deceast and Least ther might remaine any Shaddow of objectione against the said James Riddoch his Comissione as extinct by the decease of the granter And that the petitioner as appeirand air is not sufficiently warranted to renwe the same The petitioner humbly proposes for removeing every Scrouple in a mater of that concerne That the saids Lords would be pleased to interpose ther authoritie to the said baillie and clerk ther officiating as such in the petitioners said Service and electione of her curators As the said petitione Bears Which petitione being this day red and considered be the saids Lords of privie Counsell They heirby grant warrand and authoritie to the above James Riddoch to Sitt act and officiat as baillie And to John Fergwsone to officiat and act as clerk in the regalitie of Cumnock and in the electione of the petitioners curators and in her Ladyships Service and returne as air of taillzea to her brother and to infeft her upon precepts to be obtained upon the petitioners retoure furth of his majesties chancellarie

Att Edinburgh the Eight day of Apprile Jaj vic nyntie six yeirs

D1696/4/71

Act

Act Countess of Drumfreise anent her service and infeftment

Anent the petitione given in to The Lords of his majesties privie Counsell Be Penelope Countess of Drumfreise Shewing That wher the petitioner is appeareing airess of Taillzea to the deceast William Earle of Drumfreiss her brother in the Lands and barronie of Cwmnock Glenmwre and others within the parochine of Cumnock which were erected into a regalitie in favors of the deceast Charles Lord Chrichtowne the petitioners father She hes taken out breives and intends to Serve herself air in Speciall to her said brother befor James Riddoch baillie of the said Regalitie And being past pwpillaritie the petitioner Likewayes intends to choose her curators befor the said Baillie And albeit the said baillie and other officers of court have bein in the excise of that office ever since the Decease of her father and brother yet Seing the petitioners Said Speciall Service and electione of her curators will concerne the Setlement and Securitie of the estate And considering that the said James Riddoch and other members of court did flow her father now deceast and Least ther might remaine any Shaddow of objectione against the said James Riddoch his Comissione as extinct by the decease of the granter And that the petitioner as appeirand air is not sufficiently warranted to renwe the same The petitioner humbly proposes for removeing every Scrouple in a mater of that concerne That the saids Lords would be pleased to interpose ther authoritie to the said baillie and clerk ther officiating as such in the petitioners said Service and electione of her curators As the said petitione Bears Which petitione being this day red and considered be the saids Lords of privie Counsell They heirby grant warrand and authoritie to the above James Riddoch to Sitt act and officiat as baillie And to John Fergwsone to officiat and act as clerk in the regalitie of Cumnock and in the electione of the petitioners curators and in her Ladyships Service and returne as air of taillzea to her brother and to infeft her upon precepts to be obtained upon the petitioners retoure furth of his majesties chancellarie

1. NRS, PC2/26, 155v-156v.

1. NRS, PC2/26, 155v-156v.

Sederunt, 8 April 1696, Edinburgh

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Att Edinburgh the Eight day of Apprile Jaj vic nyntie six yeirs1

D1696/4/62

Sederunt

Lord Chancellor; Duke of Qweensberry; Earl of Argwyle; Earl of Southerland; Earl of Mortowne; Earl of Lothian; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Murray; Lord Yester; Viscount Tarbat; Lord Carmichael; Lord Advocat; Lord Justice Clerk; Lord Fountainhall; Lord Anstruther; Laird of Grant; Laird of Blackbarronie; Sir Thomas Livingstone; Laird of Cessnock; Proveist of Edinburgh

Att Edinburgh the Eight day of Apprile Jaj vic nyntie six yeirs1

D1696/4/62

Sederunt

Lord Chancellor; Duke of Qweensberry; Earl of Argwyle; Earl of Southerland; Earl of Mortowne; Earl of Lothian; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Murray; Lord Yester; Viscount Tarbat; Lord Carmichael; Lord Advocat; Lord Justice Clerk; Lord Fountainhall; Lord Anstruther; Laird of Grant; Laird of Blackbarronie; Sir Thomas Livingstone; Laird of Cessnock; Proveist of Edinburgh

1. NRS, PC2/26, 155v.

2. NRS, PC2/26, 155v.

1. NRS, PC2/26, 155v.

2. NRS, PC2/26, 155v.

Act, 8 April 1696, Edinburgh

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A1696/4/361

Act

Liberation and Confynment Sir George Seatoune of Garletoune

Anent the petitione given in to the Lords of his majesties privie Councell by Sir George Seatoune of Garletoune Sheuing That wheras He having formerly in prisone and sett at Liberty upon bond and Cautione to appear when called and so soon as he uas charged he was ready Imediatly to make his appearance And he being now Imprisoned in the tolbooth of Musilburgh which is a Cold unwholsome place And by being detained in prisone He hath Contracted a great sicknes so that if he be not sett at Libertie that he may have the benefite of the open air It will absolutely Indanger his Life as appeared by a declaratione under the hand of Doctor Hepburne his ordinary phisitian, who Declared upon soull and Conscience That by reasone of his present indispositione of body He is In hazard of his Life unles he have the Libertie of walking in the open air which he hath been accustomed to And by Robert Douglas baillie of the said burgh his declaratione who Lykewayes Declared upon soull and Conscience That he being Called yesterday morning to see the petitioner after blood was drauen That he found the petitioner very Indisposed of his health and the blood drauen appearing the uorst ever he did see in his Life Being altogither uithout rednes and the trew colour of blood as appeared by the declaration produced with the said petitione And seing the petitioner is Content to Give bond and sufficient Cautione under what penaltie their Lordships shall think fitt to Live peacably and appear when called for And therfore Humbly Craving to the effect underwryten, as the said petitione Bears The Saids Lords of their Majesties privie Councell Having Considered this petitione given in to them by Sir George Seatoune of Garletoune uith the testificats or Declarations mentioned therin and produced theruith They heirby Give order and warrand to the Baillies of Musleburgh and Keeper of their tolbooth to sett the petitioner at Libertie furth therof In respect He hath Given bond and Found sufficient Cautione acted in the books of privie Councell That he shall Live peacably and uith all submission to the present government of his Majestie King William And that He shall not Act Consult nor Contryve anything In prejudice therof nor Converss or Correspond uith any rebells And that he shall remaine Confyned at his house of Gairletoune and a Mylle about the same And that he shall not goe without the bounds of his said Confynment And that he shall appear before the saids Lords of privie Councell when Called for under the penalty of one Thousand pounds sterling In caise He shall transgress in any pairt of the premisses

Att Edinburgh the Eight day of Apryle Jaj vjc nyntie six years

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Act

Liberation and Confynment Sir George Seatoune of Garletoune

Anent the petitione given in to the Lords of his majesties privie Councell by Sir George Seatoune of Garletoune Sheuing That wheras He having formerly in prisone and sett at Liberty upon bond and Cautione to appear when called and so soon as he uas charged he was ready Imediatly to make his appearance And he being now Imprisoned in the tolbooth of Musilburgh which is a Cold unwholsome place And by being detained in prisone He hath Contracted a great sicknes so that if he be not sett at Libertie that he may have the benefite of the open air It will absolutely Indanger his Life as appeared by a declaratione under the hand of Doctor Hepburne his ordinary phisitian, who Declared upon soull and Conscience That by reasone of his present indispositione of body He is In hazard of his Life unles he have the Libertie of walking in the open air which he hath been accustomed to And by Robert Douglas baillie of the said burgh his declaratione who Lykewayes Declared upon soull and Conscience That he being Called yesterday morning to see the petitioner after blood was drauen That he found the petitioner very Indisposed of his health and the blood drauen appearing the uorst ever he did see in his Life Being altogither uithout rednes and the trew colour of blood as appeared by the declaration produced with the said petitione And seing the petitioner is Content to Give bond and sufficient Cautione under what penaltie their Lordships shall think fitt to Live peacably and appear when called for And therfore Humbly Craving to the effect underwryten, as the said petitione Bears The Saids Lords of their Majesties privie Councell Having Considered this petitione given in to them by Sir George Seatoune of Garletoune uith the testificats or Declarations mentioned therin and produced theruith They heirby Give order and warrand to the Baillies of Musleburgh and Keeper of their tolbooth to sett the petitioner at Libertie furth therof In respect He hath Given bond and Found sufficient Cautione acted in the books of privie Councell That he shall Live peacably and uith all submission to the present government of his Majestie King William And that He shall not Act Consult nor Contryve anything In prejudice therof nor Converss or Correspond uith any rebells And that he shall remaine Confyned at his house of Gairletoune and a Mylle about the same And that he shall not goe without the bounds of his said Confynment And that he shall appear before the saids Lords of privie Councell when Called for under the penalty of one Thousand pounds sterling In caise He shall transgress in any pairt of the premisses

1. NRS, PC1/50, 462-3.

1. NRS, PC1/50, 462-3.

Act, 8 April 1696, Edinburgh

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A1696/4/351

Act

Liberation The Laird of Poury

Anent the petitione given in to the Lords of his Majesties privie Councell By Thomas Fothringhame of Pourie Sheuing That the petitioner being by their Lordships order Committed prisoner to the Castle of Edinburgh wher he hes Lyen these three weeks past to the Impairing of his health and obstruction of his affairs And the petitioner being Conscious of noe guilt but most willing to Live peacably under the government and to renue his bale for that effect He humbly takes Liberty to represent to their Lordships That his father being Lately dead His affairs are very much out of order He having had no tyme since to apply himself to the ordering of them And more especiallie he is to be served air to his father and eldest brother which he was setting about at the tyme he was made prisoner But upon that emergent necessitat to stopp It being nixt to Impossible for any other to find out the necessary Instructions for his service besyds himself wheras on the other side if he be not served, retoured and Infeft before the Fifteenth of May nixt He uill undoubtedly fall in a terms nonentery which will be a Great damnage to him And farder the petitioner hes neer Fiftie Chalders of victuall Cast in his oune hand Besyds a Great salmond fishing on the river of Tay att Brughtie both which without his oune presence and oversight must Inevitably goe to ruine And therfore Humbly Craving to the effect underuryten as the said petitione bears The saids Lords of his Majesties privie Councell Having Considered this petitione given in to them by the said Laird of Pourie They heirby Recommend to the Earle of Leven Governour of the Castle of Edinburgh and in his absence Gives order and warrand to the nixt Commanding officer ther to sett the petitioner at Libertie furth therof In respect he hath Given bond and found sufficient Cautione acted in the books of privie Councell That he shall Live peacably under and uith all submission to the present government of his Majestie King William and hat he shall not Act Consult nor Contryve any thing in prejudice therof nor Converss nor Correspond uith any rebells And that he shall appear before the saids Lords of his Majesties privy Councell when Called for under the penaltie of one Thousand pounds sterling In caise he shall transgress in any pairt of the premisses And upon Granting of this new bond his former bond uas given up

Att Edinburgh the Eight day of Apryle Jaj vjc nyntie six years

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Act

Liberation The Laird of Poury

Anent the petitione given in to the Lords of his Majesties privie Councell By Thomas Fothringhame of Pourie Sheuing That the petitioner being by their Lordships order Committed prisoner to the Castle of Edinburgh wher he hes Lyen these three weeks past to the Impairing of his health and obstruction of his affairs And the petitioner being Conscious of noe guilt but most willing to Live peacably under the government and to renue his bale for that effect He humbly takes Liberty to represent to their Lordships That his father being Lately dead His affairs are very much out of order He having had no tyme since to apply himself to the ordering of them And more especiallie he is to be served air to his father and eldest brother which he was setting about at the tyme he was made prisoner But upon that emergent necessitat to stopp It being nixt to Impossible for any other to find out the necessary Instructions for his service besyds himself wheras on the other side if he be not served, retoured and Infeft before the Fifteenth of May nixt He uill undoubtedly fall in a terms nonentery which will be a Great damnage to him And farder the petitioner hes neer Fiftie Chalders of victuall Cast in his oune hand Besyds a Great salmond fishing on the river of Tay att Brughtie both which without his oune presence and oversight must Inevitably goe to ruine And therfore Humbly Craving to the effect underuryten as the said petitione bears The saids Lords of his Majesties privie Councell Having Considered this petitione given in to them by the said Laird of Pourie They heirby Recommend to the Earle of Leven Governour of the Castle of Edinburgh and in his absence Gives order and warrand to the nixt Commanding officer ther to sett the petitioner at Libertie furth therof In respect he hath Given bond and found sufficient Cautione acted in the books of privie Councell That he shall Live peacably under and uith all submission to the present government of his Majestie King William and hat he shall not Act Consult nor Contryve any thing in prejudice therof nor Converss nor Correspond uith any rebells And that he shall appear before the saids Lords of his Majesties privy Councell when Called for under the penaltie of one Thousand pounds sterling In caise he shall transgress in any pairt of the premisses And upon Granting of this new bond his former bond uas given up

1. NRS, PC1/50, 461-2.

1. NRS, PC1/50, 461-2.

Act, 8 April 1696, Edinburgh

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A1696/4/341

Act

Liberation Mr James Smith

Anent the petition given in to the Lords of his majesties privie Councell By Mr. James Smyth son to Mr Patrick Smyth advocat sheuing That wher in the month of May Jaj vjc nyntie three years The petitioner Having been Imprisoned by ane order of their Lordships He was therafter sett at Libertie upon applicatione made to the saids Lords And his finding Cautione to ansuer their Lordships when called for And it having pleased the saids Lords to requyre his bale to present him to their Lordships He did accordingly upon the seventeenth day of March Last compear before their Lordships at which tyme They thought fitt to Committ him prisoner to the Cannongate tolbooth therin to remaine till farder orders And seing that hitherto the petitioner Hath demeaned himself peacably and quietly under the present Government And hath already Found Cautione for his good behaviour under the same And his Cautioner Bound for that effect being a good fortune He is still willing to Continow bound And therfore Humblie Craving their Lordships to Consider the premisses and Grant warrand to sett the petitioner at Libertie furth of the said tolbooth free of all house dues upon his renuing his bond of Cautionry in what tearms their Lordships shall think fitt, as the said petitione bears The saids Lords of his Majesties privie Councell Having Considered this petitione given in to them by the said Mr James Smyth They heirby Give order and warrand to the baillies of the Cannongate and Keeper of their tolbooth To sett the petitioner at Liberty furth therof In respect he hath given bond and found sufficient Caution acted in the books of privie Councell That He shall Live peacably under and with all submission to the present Government of his Majestie King William And that he shall not Act Consult nor Contrive any thin gin prejudice therof nor shall not Converss nor Correspond uith any rebells And that he shall appear before the saids Lords of his Majesties privie Councill when called for under the penaltie of ane Hundreth pounds Sterling In caise he shall transgress In any pairt of the premisses And appoynts the former bond to be given up

Att Edinburgh the Eight day of Apryle Jaj vjc nyntie six years

A1696/4/341

Act

Liberation Mr James Smith

Anent the petition given in to the Lords of his majesties privie Councell By Mr. James Smyth son to Mr Patrick Smyth advocat sheuing That wher in the month of May Jaj vjc nyntie three years The petitioner Having been Imprisoned by ane order of their Lordships He was therafter sett at Libertie upon applicatione made to the saids Lords And his finding Cautione to ansuer their Lordships when called for And it having pleased the saids Lords to requyre his bale to present him to their Lordships He did accordingly upon the seventeenth day of March Last compear before their Lordships at which tyme They thought fitt to Committ him prisoner to the Cannongate tolbooth therin to remaine till farder orders And seing that hitherto the petitioner Hath demeaned himself peacably and quietly under the present Government And hath already Found Cautione for his good behaviour under the same And his Cautioner Bound for that effect being a good fortune He is still willing to Continow bound And therfore Humblie Craving their Lordships to Consider the premisses and Grant warrand to sett the petitioner at Libertie furth of the said tolbooth free of all house dues upon his renuing his bond of Cautionry in what tearms their Lordships shall think fitt, as the said petitione bears The saids Lords of his Majesties privie Councell Having Considered this petitione given in to them by the said Mr James Smyth They heirby Give order and warrand to the baillies of the Cannongate and Keeper of their tolbooth To sett the petitioner at Liberty furth therof In respect he hath given bond and found sufficient Caution acted in the books of privie Councell That He shall Live peacably under and with all submission to the present Government of his Majestie King William And that he shall not Act Consult nor Contrive any thin gin prejudice therof nor shall not Converss nor Correspond uith any rebells And that he shall appear before the saids Lords of his Majesties privie Councill when called for under the penaltie of ane Hundreth pounds Sterling In caise he shall transgress In any pairt of the premisses And appoynts the former bond to be given up

1. NRS, PC1/50, 460-1.

1. NRS, PC1/50, 460-1.

Warrant, 8 April 1696, Edinburgh

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A1696/4/331

Warrant

Warrand for a Maid to attend Sir William Bruces Lady in the Castle of Edinburgh

The Lords of his Majesties privie Councell Doe Heirby Recommend to the Earle of Leven Governour of the Castle of Edinburgh And in his absence Gives order and warrand to the nixt Commanding officer ther to suffer and permitt a servant or waiting maid to attend upon and be present uith Sir William Bruce of Kinross his Lady During her Imprisonment in the said castle The said servant or maid being aluayes closs prisoner uith the said Sir William and his Lady in the termes as they are appointed to be prisoners

Att Edinburgh the Eight day of Apryle Jaj vjc nyntie six years

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Warrant

Warrand for a Maid to attend Sir William Bruces Lady in the Castle of Edinburgh

The Lords of his Majesties privie Councell Doe Heirby Recommend to the Earle of Leven Governour of the Castle of Edinburgh And in his absence Gives order and warrand to the nixt Commanding officer ther to suffer and permitt a servant or waiting maid to attend upon and be present uith Sir William Bruce of Kinross his Lady During her Imprisonment in the said castle The said servant or maid being aluayes closs prisoner uith the said Sir William and his Lady in the termes as they are appointed to be prisoners

1. NRS, PC1/50, 460.

1. NRS, PC1/50, 460.

Procedure, 8 April 1696, Edinburgh

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Procedure

Recommendation To The Lord Advocat to Draw the Association

The Lords of his Majesties privie Councell Doe Heirby Recommend to Sir James Steuart his Majesties advocat present at the Councell board to draw the Draught of ane Associatione to be subscrived by their Lordships and others in the terms of his Majesties Letter read in Councell this day And to present the samen to the Board at their nixt meeting which is to be the morrow

Att Edinburgh the Eight day of Apryle Jaj vjc nyntie six years

A1696/4/321

Procedure

Recommendation To The Lord Advocat to Draw the Association

The Lords of his Majesties privie Councell Doe Heirby Recommend to Sir James Steuart his Majesties advocat present at the Councell board to draw the Draught of ane Associatione to be subscrived by their Lordships and others in the terms of his Majesties Letter read in Councell this day And to present the samen to the Board at their nixt meeting which is to be the morrow

1. NRS, PC1/50, 460.

1. NRS, PC1/50, 460.

Warrant, 8 April 1696, Edinburgh

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A1696/4/311

Warrant

Warrand to Leyes to Administrat the oaths to the Earle of Strathmore

The Lords of his majesties privie Councell Being Informed That ther is a Commission under his Majesties royall hand to […] Earle of Strathmore to be shirreff principall of the shire of Angus But that the Commission is not yet past the sealls the saids Lords Doe heirby Recommend to Sir Thomas Burnet of Leyes one of their Lordships oune Number to Administrat the oath of alleadgance and assurance to his Majestie appointed by Act of parliament to the said Earle as shirreff principall of the said shire of Angus how soon the said Commission shall be past the sealls And that the same be returned to the Clerks of Councell subscrived by the said Earle uithin tuenty dayes after the administration therof

Att Edinburgh the Eight day of Apryle Jaj vjc nyntie six years

A1696/4/311

Warrant

Warrand to Leyes to Administrat the oaths to the Earle of Strathmore

The Lords of his majesties privie Councell Being Informed That ther is a Commission under his Majesties royall hand to […] Earle of Strathmore to be shirreff principall of the shire of Angus But that the Commission is not yet past the sealls the saids Lords Doe heirby Recommend to Sir Thomas Burnet of Leyes one of their Lordships oune Number to Administrat the oath of alleadgance and assurance to his Majestie appointed by Act of parliament to the said Earle as shirreff principall of the said shire of Angus how soon the said Commission shall be past the sealls And that the same be returned to the Clerks of Councell subscrived by the said Earle uithin tuenty dayes after the administration therof

1. NRS, PC1/50, 459-60.

1. NRS, PC1/50, 459-60.