Tag Archives: 8 March 1694

Procedure, 8 March 1694, Edinburgh

Posted on by

Edinburgh the Eight day of March Jaj vjc nyntie four years

D1694/3/91

Procedure

Remitt to the Lord Advocat anent Malcome Hendersone his Spouse and others

Anent a Petition given in to the Lords of their Majesties privy Councill be Malcome Henderson merchant burges of Edinburgh and his spouse Shewing That quher Mr John Duncan merchant in Edinburgh for himself and in name of some other merchants in the said burgh haveing given in ane bill to the saids Lords Representing that Robert Dunbar skiper hade taken ane ship belonging to them and put ane great Ransum upon her And Craveing that ane box alledged pertaineing to the said Robert Dunbar and found in the petitioners house to the value of six hundred merks might be delivered to them for ane help to pay the said Ransome, And as to which it is humbly Represented to the saids Lords That the said box did belong to the said Robert Dumbar but along time before the went to Sea or was in actuall Rebellion against their majesties and Government the samen was Impignorat in the petitioners hands for thriescore and ten dollers of therby by his wyfe when she and her poor Cheldrein were in a Starving conditione, Which truely will come very near all the value of the box And if ther be any superplus It is humbly Represented to the saids Lords by Robert Dumbars wyfe and five small Childrein who neither knew nor was accessory to her husbands folly that the saids Lords would allow her the same to be a help to mantaine her poor infants, And Wheras it is pretended that ther is ane obleisment of George Clerk the factor to the said Robert Dumbar for thrie hundred Dollers in the said box and which they Likewayes crave may be Delivered up to them, The petitioners are content that the said obleisment be Delivered up quherof the said George Clerk hath ane Discharge, nor is it rationallie to be thought that his poor wyfe and would have been driven to that extreamitie they have been put to these four years past of ther trade been any part of that soume unpayed And Therfore humbly Craveing the saids Lords to take the premisses to ther Consideratione and In Respect that the forsaid box was found in the petitioners custody for the onerous cause above represented and that they are content the said obleisment be taken out and delivered to the said Mr John Duncan Therfore to ordaine the samen box to be delivered back to the petitioners for securitie of their money as the petition bears The Lords of their majesties privy Councill haveing heard this petition given in to them be the within Malcome Henderson merchant burges of Edinburgh and his Spouse read in ther presence They heirby Remitt to Sir James Stewart ther Majesties advocat to Consider the same, And Likewayes the petition given in be Mr John Duncan for himself and other merchants upon the same subject with this petition with power to his Lordship to decyde and determine upon the matter represented in both the petitiones as he shall find Just and in the mean time appoints the box to be put in the Lord advocats hands.
Conforme to the above order The box was given in to the Lord advocat upon the tenth of march instant.

Edinburgh the Eight day of March Jaj vjc nyntie four years

D1694/3/91

Procedure

Remitt to the Lord Advocat anent Malcome Hendersone his Spouse and others

Anent a Petition given in to the Lords of their Majesties privy Councill be Malcome Henderson merchant burges of Edinburgh and his spouse Shewing That quher Mr John Duncan merchant in Edinburgh for himself and in name of some other merchants in the said burgh haveing given in ane bill to the saids Lords Representing that Robert Dunbar skiper hade taken ane ship belonging to them and put ane great Ransum upon her And Craveing that ane box alledged pertaineing to the said Robert Dunbar and found in the petitioners house to the value of six hundred merks might be delivered to them for ane help to pay the said Ransome, And as to which it is humbly Represented to the saids Lords That the said box did belong to the said Robert Dumbar but along time before the went to Sea or was in actuall Rebellion against their majesties and Government the samen was Impignorat in the petitioners hands for thriescore and ten dollers of therby by his wyfe when she and her poor Cheldrein were in a Starving conditione, Which truely will come very near all the value of the box And if ther be any superplus It is humbly Represented to the saids Lords by Robert Dumbars wyfe and five small Childrein who neither knew nor was accessory to her husbands folly that the saids Lords would allow her the same to be a help to mantaine her poor infants, And Wheras it is pretended that ther is ane obleisment of George Clerk the factor to the said Robert Dumbar for thrie hundred Dollers in the said box and which they Likewayes crave may be Delivered up to them, The petitioners are content that the said obleisment be Delivered up quherof the said George Clerk hath ane Discharge, nor is it rationallie to be thought that his poor wyfe and would have been driven to that extreamitie they have been put to these four years past of ther trade been any part of that soume unpayed And Therfore humbly Craveing the saids Lords to take the premisses to ther Consideratione and In Respect that the forsaid box was found in the petitioners custody for the onerous cause above represented and that they are content the said obleisment be taken out and delivered to the said Mr John Duncan Therfore to ordaine the samen box to be delivered back to the petitioners for securitie of their money as the petition bears The Lords of their majesties privy Councill haveing heard this petition given in to them be the within Malcome Henderson merchant burges of Edinburgh and his Spouse read in ther presence They heirby Remitt to Sir James Stewart ther Majesties advocat to Consider the same, And Likewayes the petition given in be Mr John Duncan for himself and other merchants upon the same subject with this petition with power to his Lordship to decyde and determine upon the matter represented in both the petitiones as he shall find Just and in the mean time appoints the box to be put in the Lord advocats hands.
Conforme to the above order The box was given in to the Lord advocat upon the tenth of march instant.

1. NRS, PC2/24, 357v-358r.

1. NRS, PC2/24, 357v-358r.

Act, 8 March 1694, Edinburgh

Posted on by

Edinburgh the Eight day of March Jaj vjc nyntie four years

D1694/3/81

Act

Act The officers and servants of the Customhouse at Leith.

Anent a Petition given in to the Lords of their Majesties privy Councill be the officers and Servants in the Customhouse at Leith Shewing that quher albeit at the first constitution and outputing of the militia of this kingdome When Leiths proportione therof did consist of above ane hundreth men The officers and servants in the said Custome office wer never Listed among nor any wayes burdened with the other inhabitants of the toune in relation to the out puting of the said militia the petitioners being allwayes Looked upon and Considered as the kings Imediat service and many of the petitioners as occasion offers oblidged to remove from one place to serve at another, yet nevertheless at this present out putting of the militia when the wholl toune of Leiths proportion therof is but fiftein men the petitioners are (contrare to all former practiss either in this or any other place of the kingdome) Listed among the other inhabitants of the toune and burdeened with the out puting of the said fiftein men, By which unparaleelled and unpresidented practise the petitioners humbly conceaves themselves to be hudgley wronged and prejudged as not haveing the benefit of trade or of any other advantage with the saids inhabitants Bot on the Contrare they are usefull and beneficiall to them in so farr as the petitioners not only spend ther small salleries Bot likewayes ther other privat intrest among them And Therfore Humbly Suplicating to the effect aftermentioned The Lords of ther Majesties privy Councill haveing Considered this petition given into them be the above officer of the Custom house of Leith and answers given in therto be the Magistrats of Edinburgh They have Declaired and heirby Declaires the petitioners to be exeemed from the present Levie.

Edinburgh the Eight day of March Jaj vjc nyntie four years

D1694/3/81

Act

Act The officers and servants of the Customhouse at Leith.

Anent a Petition given in to the Lords of their Majesties privy Councill be the officers and Servants in the Customhouse at Leith Shewing that quher albeit at the first constitution and outputing of the militia of this kingdome When Leiths proportione therof did consist of above ane hundreth men The officers and servants in the said Custome office wer never Listed among nor any wayes burdened with the other inhabitants of the toune in relation to the out puting of the said militia the petitioners being allwayes Looked upon and Considered as the kings Imediat service and many of the petitioners as occasion offers oblidged to remove from one place to serve at another, yet nevertheless at this present out putting of the militia when the wholl toune of Leiths proportion therof is but fiftein men the petitioners are (contrare to all former practiss either in this or any other place of the kingdome) Listed among the other inhabitants of the toune and burdeened with the out puting of the said fiftein men, By which unparaleelled and unpresidented practise the petitioners humbly conceaves themselves to be hudgley wronged and prejudged as not haveing the benefit of trade or of any other advantage with the saids inhabitants Bot on the Contrare they are usefull and beneficiall to them in so farr as the petitioners not only spend ther small salleries Bot likewayes ther other privat intrest among them And Therfore Humbly Suplicating to the effect aftermentioned The Lords of ther Majesties privy Councill haveing Considered this petition given into them be the above officer of the Custom house of Leith and answers given in therto be the Magistrats of Edinburgh They have Declaired and heirby Declaires the petitioners to be exeemed from the present Levie.

1. NRS, PC2/24, 357r.

1. NRS, PC2/24, 357r.

Act, 8 March 1694, Edinburgh

Posted on by

Edinburgh the Eight day of March Jaj vjc nyntie four years

D1694/3/71

Act

Act The Synod of Argyll for printing the Irish psalmes

The Lords of their majesties privy Councill haveing Considered ane adress made to them be the moderator and remanent members of the Synod of Argyll They heirby Give and Grant to the petitioners and ther successors in office the Sole power and priviledge of printing the paraphrase of the Irish psalmes in meetter and Discharges all others so to doe for the space of nyntein years after the date heirof under the paine of Confiscation of the same to the use of the petitioners and their forsaids and of being farder punished as the Councill shall think fit

Edinburgh the Eight day of March Jaj vjc nyntie four years

D1694/3/71

Act

Act The Synod of Argyll for printing the Irish psalmes

The Lords of their majesties privy Councill haveing Considered ane adress made to them be the moderator and remanent members of the Synod of Argyll They heirby Give and Grant to the petitioners and ther successors in office the Sole power and priviledge of printing the paraphrase of the Irish psalmes in meetter and Discharges all others so to doe for the space of nyntein years after the date heirof under the paine of Confiscation of the same to the use of the petitioners and their forsaids and of being farder punished as the Councill shall think fit

1. NRS, PC2/24, 365v-357r.

1. NRS, PC2/24, 365v-357r.

Judicial Proceeding, 8 March 1694, Edinburgh

Posted on by

Edinburgh the Eight day of March Jaj vjc nyntie four years

D1694/3/61

Judicial Proceeding

Extract Dipositiones anent The Laird and Lady Dum

Anent the petition given in to the Lords of their Majesties privy Councill be Alexander Irvine of Drum and Margrat Forbes his Lady Shewing That quher the principall Depositiones of the severall fameous witnesses taken before the Lords of privy Councill anent the petitioners ther mariadge haveing late by falled by hands as put into bunds of other papers that they related not to, yet true it is that now by Dilligence and care of the Clerks the same are found out againe, And seing it concernes the petitioners to have a Judiciall extract of the saids depositiones in case of any future by casting or miscariadge And Therfore humbly Supplicating to the effect underwritten as the petition bears The Saids Lords of their majesties privy Councill To give out authentick extracts of the saids depositiones subscrived by them as Clerks of privy Councill Off the Which depositiones The Tenor Followes Conforme to the Sederunts of the Committie of Councill before whom they were taken viz Edinburgh the twentie Eight day of June Jaj vjc Eightie Eight years Sederunt Chancelor, St Androwes, Airly, Traquair and Ballquyne ante meridiem, Mr Thomas Cheyn in Drum aged fiftie Eight years or therby maried being purged of partiall Councill Sworn and interogate Depones that he was in Company with Drum the whole day being the Sabath day that Drum was maried That he did not perceive him to be drunk, That after supper in Mr Robert Keiths house, Master Robert Keiths wyfe said to Drum what would yow think to have Mistress Mary Forbes that Gentlewoman to be your wife, Wherupon he haveing her by the hand a good whill before and keept her by it for near ane hour and ane half but gave neither assent nor dissent to the marriadge but keeped her allwayes by the hand kissing her And that the said Mr Robert Keiths wyfe asked Drums Consent who made no answer But that Drum still kist her all the time And that the said Mr Robert said pronunce yow maried persones god bless yow and I bless yow and therafter he saw Drum goe willingly to bed with the Ladie and never parted with her hand all the time, and lay in the nixt roome all night by them and that ther was only a board wall betwixt ther roomes, and saw them bedd the nixt morning makeing of the Lady about nyne of the Cloak in the morning, and saw Drum takeing a Glass of Seik with the Lady in his bed, And the deponent haveing asked Drum if he hade behaved, He answered nothing stood but his liggs that night This is the treuth as he shall answer to god sic subscribitur Thomas Cheyne, The above written Thomas Cheyne being reexamined upon oath Depones that he saw Mr Alexander Thomsone take Drum by the arme and take him out of his Chamber from the Gentlwoman and heard Drum say doe you intend to murder me and this is the treuth as he shall answer to god sic subscribitur Thomas Cheyne Mr William Dingwall taken cum nota as being Cousine german to the Lady cited by both parties and solemnly sworne and Interrogate Dipones that he saw the Laird of Drum hold the gentlwoman by the hand and did hear Mr Robert Keith ask will yow take that Gentlwoman to your wife, yes or I, and the gentlewoman doe the like, And that therupon Mr Robert Keith Declared them maried persones and Said God bles you and I Bless yow, and that a litle after he heard Drum say to the gentlwoman yow are my wife, and I ame your Goodman Depones he saw them in ther bed that night but did not see them goe to bed, Depones he did not perceive Drum to be in Drink and this is the treuth as he shall answer to god sic subscribitur William Dingwall; Archbishop St Andrews J:p:C Eodem die a meredie, sederunt St Androwes, Airly and Nidrie, St Androwes president George Killgower nottar in Old Aberdeen being solemnly sworne and interrogate, Depones That in the afternoon he saw Drum and that he was blush faced which he supposed it was either by drinking or hard walking, But that he did not see him drink any and that this was the day of the pretended marriadge and that when he saw him it was from the bridge of Done to the old toune of Aberdeen about four a Cloak the said afternoon, and this is the treuth as he shall answer to god sic subscribitur George Kilgowr Mr John Irvine minister at Peetter Coulter being sworn and Interrogate depones that Mr Robert Keith came to the deponent about four a Cloak in the morning and desyred the reponent to come to the toune of Aberdeen to mary the Laird of Drum with Marjory Forbes which he refused to doe albeit a warrand was 2 alleged to that purpose and does not remember whither he said he maried them the night before himself or not sic subscribitur John Irvine, Mr William Keith student of Theologie Depones that he was in the roome when Mr Alexander Thomsone took Drum by the shoulder and took him out of his room and heard Drum say what will yee murder me and this is the truth as he shall answer to god sic subscribitur William Keith James Birss shirreff officer in Aberdeen being solemnly Sworne and Interrogate Depones that he was in Company severall times with Drum wher Marion was present in the house of Sarah Blackburne and Widdow Burnet wher he has heard the said Marion Irvine Desyre Drum to come to her hand wher he should be weell intertained and that she will gett him maried to a very fine Lady And this is the treuth as he shall answer to god sic subscribitur James Birss. Archibald St Andrews J:p:C On the margine of James Birss depositione the words following are written viz the advocats Declares that this deposition shall not inferr any cryme against Marion Irvine spouse to Mr Keith Edinburgh the twentie Eight day of June Jaj vjc Eightie Eight years, Sederunt as in the other Depositione ante meridiem James Divertie servitor to the Laird of Seatton being solemnly sworne and interrogate Depones That upon Sunday the day of the pretended mariadge he saw the Laird of Drum near to the deponents house at the bridge of Don and that he 3 supposed Drum was in Drink by his cariadge but did not see him Drink any and this is the treuth as he shall answer to god sic subscribitur Archibald St Androwes John Cruickshankes taylor in Aberdeen being solemnly sworne and Interrogate Depones that he was in Company with Drum that day in the afternoon that day of the pretended mariadge and that he saw Drink Dansick watters brandy and ale and that he was more then ordinary Distempered with Drink And Depones that ther was too gills of Dansick Watters and Eight pynts of ale in his Company They being eleven persones and they all Drank of it, And this is the treuth as he shall answer god sic subscribitur John Cruickshanks Mr William Alexander preacher in Aberdein being solemnly sword and interrogate Depones that upon munday in the morning after the pretended mariadge Mr Robert Keith called for the deponent and when he asked his ear and Mr Keith told him it was to mary a honorable the Laird of Drum with a Lady And the deponent haveing asked if he a warrand or Consent of freends, The said Mr Robert produced a qualified warrand if the persone were qualified or would Consent and desyred to see Drum But Drum being in his bed The deponent waited on before he saw Dru and when he saw him he took him by the hand and bad god Bless him And therafter he asked severall questiones annent the mariadge and if he was willing to take the Gentlwoman, And that therupon he Stamped with his foot and said he would not mary her But would take her, And that he heard the Gentlwoman say to Drum was not wee maried and bedded togither the last night To which he answered if yow say so lett it be so, and this is the treuth as he shall answer to god sic subscribitur William Alexander, Mr William Keith student of Theology cum nota being solemnly sworne and Interrogate Depones he saw Drum the night of the pretended mariadge and did not perceive him to be Drunk That he saw and heard Mr Robert Keith ask the Laird of Drum if he would take the Lady he hade by the hand to wyfe, That he heard Drum answer yes, and the Gentlwoman yes, And that therupon he pronunced them persones and said God bless yow and I bless yow, and that a litle therafter he heard Drum say now I ame your husband and yow are my wyfe, and saw them in naked bed nixt morning Togither, and this is the treuth as he shall answer to god sic subscribitur William Keith, Alexander Gibb servitor to the Laird of Drum being solemnly sworne and Interrogate Depones that he was in the roome and heard Mr Robert Keith say 4 to Drum will yow take that Gentlwoman wher yow have by the hand to be your wyfe To Which he answered yes, Depones that he heard the Gentlwoman give the same answers Depones he heard Mr Robert Keith say Then I declare yow to be maried persones before god and these witnesses and said god bless yow and I bless yow and saw them casting off their Cloathes and goeing to bed togither, and heard Drum say a litle after the mariadge yow are my wyfe and I ame your husband And Depones that he hade more then ordinary but was not insensible in Drink and this is the Treuth as he shall answer to god sic subscribitur Alexander Gibb, Archbishop St Androwes Extracted by me sic subscribitur Gilbert Eliot Cls st Cons:

Edinburgh the Eight day of March Jaj vjc nyntie four years

D1694/3/61

Judicial Proceeding

Extract Dipositiones anent The Laird and Lady Dum

Anent the petition given in to the Lords of their Majesties privy Councill be Alexander Irvine of Drum and Margrat Forbes his Lady Shewing That quher the principall Depositiones of the severall fameous witnesses taken before the Lords of privy Councill anent the petitioners ther mariadge haveing late by falled by hands as put into bunds of other papers that they related not to, yet true it is that now by Dilligence and care of the Clerks the same are found out againe, And seing it concernes the petitioners to have a Judiciall extract of the saids depositiones in case of any future by casting or miscariadge And Therfore humbly Supplicating to the effect underwritten as the petition bears The Saids Lords of their majesties privy Councill To give out authentick extracts of the saids depositiones subscrived by them as Clerks of privy Councill Off the Which depositiones The Tenor Followes Conforme to the Sederunts of the Committie of Councill before whom they were taken viz Edinburgh the twentie Eight day of June Jaj vjc Eightie Eight years Sederunt Chancelor, St Androwes, Airly, Traquair and Ballquyne ante meridiem, Mr Thomas Cheyn in Drum aged fiftie Eight years or therby maried being purged of partiall Councill Sworn and interogate Depones that he was in Company with Drum the whole day being the Sabath day that Drum was maried That he did not perceive him to be drunk, That after supper in Mr Robert Keiths house, Master Robert Keiths wyfe said to Drum what would yow think to have Mistress Mary Forbes that Gentlewoman to be your wife, Wherupon he haveing her by the hand a good whill before and keept her by it for near ane hour and ane half but gave neither assent nor dissent to the marriadge but keeped her allwayes by the hand kissing her And that the said Mr Robert Keiths wyfe asked Drums Consent who made no answer But that Drum still kist her all the time And that the said Mr Robert said pronunce yow maried persones god bless yow and I bless yow and therafter he saw Drum goe willingly to bed with the Ladie and never parted with her hand all the time, and lay in the nixt roome all night by them and that ther was only a board wall betwixt ther roomes, and saw them bedd the nixt morning makeing of the Lady about nyne of the Cloak in the morning, and saw Drum takeing a Glass of Seik with the Lady in his bed, And the deponent haveing asked Drum if he hade behaved, He answered nothing stood but his liggs that night This is the treuth as he shall answer to god sic subscribitur Thomas Cheyne, The above written Thomas Cheyne being reexamined upon oath Depones that he saw Mr Alexander Thomsone take Drum by the arme and take him out of his Chamber from the Gentlwoman and heard Drum say doe you intend to murder me and this is the treuth as he shall answer to god sic subscribitur Thomas Cheyne Mr William Dingwall taken cum nota as being Cousine german to the Lady cited by both parties and solemnly sworne and Interrogate Dipones that he saw the Laird of Drum hold the gentlwoman by the hand and did hear Mr Robert Keith ask will yow take that Gentlwoman to your wife, yes or I, and the gentlewoman doe the like, And that therupon Mr Robert Keith Declared them maried persones and Said God bles you and I Bless yow, and that a litle after he heard Drum say to the gentlwoman yow are my wife, and I ame your Goodman Depones he saw them in ther bed that night but did not see them goe to bed, Depones he did not perceive Drum to be in Drink and this is the treuth as he shall answer to god sic subscribitur William Dingwall; Archbishop St Andrews J:p:C Eodem die a meredie, sederunt St Androwes, Airly and Nidrie, St Androwes president George Killgower nottar in Old Aberdeen being solemnly sworne and interrogate, Depones That in the afternoon he saw Drum and that he was blush faced which he supposed it was either by drinking or hard walking, But that he did not see him drink any and that this was the day of the pretended marriadge and that when he saw him it was from the bridge of Done to the old toune of Aberdeen about four a Cloak the said afternoon, and this is the treuth as he shall answer to god sic subscribitur George Kilgowr Mr John Irvine minister at Peetter Coulter being sworn and Interrogate depones that Mr Robert Keith came to the deponent about four a Cloak in the morning and desyred the reponent to come to the toune of Aberdeen to mary the Laird of Drum with Marjory Forbes which he refused to doe albeit a warrand was 2 alleged to that purpose and does not remember whither he said he maried them the night before himself or not sic subscribitur John Irvine, Mr William Keith student of Theologie Depones that he was in the roome when Mr Alexander Thomsone took Drum by the shoulder and took him out of his room and heard Drum say what will yee murder me and this is the truth as he shall answer to god sic subscribitur William Keith James Birss shirreff officer in Aberdeen being solemnly Sworne and Interrogate Depones that he was in Company severall times with Drum wher Marion was present in the house of Sarah Blackburne and Widdow Burnet wher he has heard the said Marion Irvine Desyre Drum to come to her hand wher he should be weell intertained and that she will gett him maried to a very fine Lady And this is the treuth as he shall answer to god sic subscribitur James Birss. Archibald St Andrews J:p:C On the margine of James Birss depositione the words following are written viz the advocats Declares that this deposition shall not inferr any cryme against Marion Irvine spouse to Mr Keith Edinburgh the twentie Eight day of June Jaj vjc Eightie Eight years, Sederunt as in the other Depositione ante meridiem James Divertie servitor to the Laird of Seatton being solemnly sworne and interrogate Depones That upon Sunday the day of the pretended mariadge he saw the Laird of Drum near to the deponents house at the bridge of Don and that he 3 supposed Drum was in Drink by his cariadge but did not see him Drink any and this is the treuth as he shall answer to god sic subscribitur Archibald St Androwes John Cruickshankes taylor in Aberdeen being solemnly sworne and Interrogate Depones that he was in Company with Drum that day in the afternoon that day of the pretended mariadge and that he saw Drink Dansick watters brandy and ale and that he was more then ordinary Distempered with Drink And Depones that ther was too gills of Dansick Watters and Eight pynts of ale in his Company They being eleven persones and they all Drank of it, And this is the treuth as he shall answer god sic subscribitur John Cruickshanks Mr William Alexander preacher in Aberdein being solemnly sword and interrogate Depones that upon munday in the morning after the pretended mariadge Mr Robert Keith called for the deponent and when he asked his ear and Mr Keith told him it was to mary a honorable the Laird of Drum with a Lady And the deponent haveing asked if he a warrand or Consent of freends, The said Mr Robert produced a qualified warrand if the persone were qualified or would Consent and desyred to see Drum But Drum being in his bed The deponent waited on before he saw Dru and when he saw him he took him by the hand and bad god Bless him And therafter he asked severall questiones annent the mariadge and if he was willing to take the Gentlwoman, And that therupon he Stamped with his foot and said he would not mary her But would take her, And that he heard the Gentlwoman say to Drum was not wee maried and bedded togither the last night To which he answered if yow say so lett it be so, and this is the treuth as he shall answer to god sic subscribitur William Alexander, Mr William Keith student of Theology cum nota being solemnly sworne and Interrogate Depones he saw Drum the night of the pretended mariadge and did not perceive him to be Drunk That he saw and heard Mr Robert Keith ask the Laird of Drum if he would take the Lady he hade by the hand to wyfe, That he heard Drum answer yes, and the Gentlwoman yes, And that therupon he pronunced them persones and said God bless yow and I bless yow, and that a litle therafter he heard Drum say now I ame your husband and yow are my wyfe, and saw them in naked bed nixt morning Togither, and this is the treuth as he shall answer to god sic subscribitur William Keith, Alexander Gibb servitor to the Laird of Drum being solemnly sworne and Interrogate Depones that he was in the roome and heard Mr Robert Keith say 4 to Drum will yow take that Gentlwoman wher yow have by the hand to be your wyfe To Which he answered yes, Depones that he heard the Gentlwoman give the same answers Depones he heard Mr Robert Keith say Then I declare yow to be maried persones before god and these witnesses and said god bless yow and I bless yow and saw them casting off their Cloathes and goeing to bed togither, and heard Drum say a litle after the mariadge yow are my wyfe and I ame your husband And Depones that he hade more then ordinary but was not insensible in Drink and this is the Treuth as he shall answer to god sic subscribitur Alexander Gibb, Archbishop St Androwes Extracted by me sic subscribitur Gilbert Eliot Cls st Cons:

1. NRS, PC2/24, 354r-356v.

2. The word ‘granted’ scored out here.

3. The word ‘was’ scored out here.

4. The words ‘Them I Declare yow to be maried persones before god and these witnesses’ scored out here.

1. NRS, PC2/24, 354r-356v.

2. The word ‘granted’ scored out here.

3. The word ‘was’ scored out here.

4. The words ‘Them I Declare yow to be maried persones before god and these witnesses’ scored out here.

Sederunt, 8 March 1694, Edinburgh

Posted on by

Edinburgh the Eight day of March Jaj vjc nyntie four years1

D1694/3/52

Sederunt

Lord Chancelor; Earl of Melvill; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Leven; Earl of Anandale; Earl of Forfar; Earl of Kintor; Viscount Tarbat; Lord Raith; Lord Ross; Lord Beilhaven; Lord Polwarth; Lord Advocat; Lord Hatton; Lord Fountonhall; Lord Enstruther; Sir Thomas Livingstoune

Edinburgh the Eight day of March Jaj vjc nyntie four years1

D1694/3/52

Sederunt

Lord Chancelor; Earl of Melvill; Earl of Southerland; Earl of Cassills; Earl of Linlithgow; Earl of Leven; Earl of Anandale; Earl of Forfar; Earl of Kintor; Viscount Tarbat; Lord Raith; Lord Ross; Lord Beilhaven; Lord Polwarth; Lord Advocat; Lord Hatton; Lord Fountonhall; Lord Enstruther; Sir Thomas Livingstoune

1. NRS, PC2/24, 354r.

2. NRS, PC2/24, 354r.

1. NRS, PC2/24, 354r.

2. NRS, PC2/24, 354r.

Procedure, 8 March 1694, Edinburgh

Posted on by

Att Edinburgh The Eight day of March Jaj vic nyntie Four years

A1694/3/141

Procedure

Recomendation To tuo privy Councelers to view the new Levys in the severall shyres

The Lords of their Majesties privie Councill Doe heirby Recommend to the persones afternamed all of their oune2 number for the respective shyres aftermentioned To decyde and determine any differences that may arrise betuixt the officers and Commissioners of supplie anent the sufficiency or Insufficiency of the bodies of the men to be putt out in the present Levy viz The Earle of Annandale for the shyres of Roxburgh and Selkirk The Lord Poluarth for Beruick The Viscount of Tarbat and Lord Funtainhall for the shyre of Edinburgh The Lord Beilhaven and Sir Robert Sinclar of Stevensone for Haddingtoune The Lord Hattoun for Peebles The Earls of Linlithgow and Annandale for Linlithgow The Earles of Southerland and Forfar for the toune of Edinburgh Mr Frances Muntgomery and Sir John Maxuell for Lanerk The Lord privie seall and the Earle of Leven for Fyfe and Kinross The Earle of Linlithgow for Stirling and Clackmannan and the Earle of Strathmore for Perth

Att Edinburgh The Eight day of March Jaj vic nyntie Four years

A1694/3/141

Procedure

Recomendation To tuo privy Councelers to view the new Levys in the severall shyres

The Lords of their Majesties privie Councill Doe heirby Recommend to the persones afternamed all of their oune2 number for the respective shyres aftermentioned To decyde and determine any differences that may arrise betuixt the officers and Commissioners of supplie anent the sufficiency or Insufficiency of the bodies of the men to be putt out in the present Levy viz The Earle of Annandale for the shyres of Roxburgh and Selkirk The Lord Poluarth for Beruick The Viscount of Tarbat and Lord Funtainhall for the shyre of Edinburgh The Lord Beilhaven and Sir Robert Sinclar of Stevensone for Haddingtoune The Lord Hattoun for Peebles The Earls of Linlithgow and Annandale for Linlithgow The Earles of Southerland and Forfar for the toune of Edinburgh Mr Frances Muntgomery and Sir John Maxuell for Lanerk The Lord privie seall and the Earle of Leven for Fyfe and Kinross The Earle of Linlithgow for Stirling and Clackmannan and the Earle of Strathmore for Perth

1. NRS, PC1/49, 296.

2. The word ‘Company’ scored out here.

1. NRS, PC1/49, 296.

2. The word ‘Company’ scored out here.

Procedure: committee formed, 8 March 1694, Edinburgh

Posted on by

Att Edinburgh The Eight day of March Jaj vic nyntie Four years

A1694/3/131

Procedure: committee formed

Committie in the Country for pressed men

The Lords of their Majesties privie Councill Doe heirby Recommend to and appoint any tuo of their Number to be a Committie in any place of the Country wher they shall happen to be for the tyme for Considering the caise of persons alleadged wrongously Imprisoned as souldiers with pouer to them to decyde and determine therin as they shall find just And Recommends to them to take caire that noe persons be seased as deserters but such as have deserted since the first day of december Jaj vic Eightie nyne yeers

Att Edinburgh The Eight day of March Jaj vic nyntie Four years

A1694/3/131

Procedure: committee formed

Committie in the Country for pressed men

The Lords of their Majesties privie Councill Doe heirby Recommend to and appoint any tuo of their Number to be a Committie in any place of the Country wher they shall happen to be for the tyme for Considering the caise of persons alleadged wrongously Imprisoned as souldiers with pouer to them to decyde and determine therin as they shall find just And Recommends to them to take caire that noe persons be seased as deserters but such as have deserted since the first day of december Jaj vic Eightie nyne yeers

1. NRS, PC1/49, 296.

1. NRS, PC1/49, 296.

Act, 8 March 1694, Edinburgh

Posted on by

Att Edinburgh The Eight day of March Jaj vic nyntie Four years

A1694/3/121

Act

Act of Liberation Euphan Colstaine

Forasmuch as the Lords of their Majesties privy Councill Have by their Interloquitor of the threttieth day of November Last altered the sentence of death pronunced by the Lords Commissioners of Justiciary Against Euphan Colstaine prisoner in the tolbooth of Edinburgh And have banished her to their Majesties plantationes In America never to return under the paine of putting the said sentence of death to Executione against her And have ordained her to remaine prisoner in the tolbooth till the first ship for the plantations be ready The saids Lords doe heirby Give ordor and warrand to the magistrats of Edinburgh and keeper of their tolbooth to sett the said Euphan Colstaine at Liberty furth therof In respect she hath given bond and found sufficient Cautione acted in the books of privy Councill That she shall depairt furth of this kingdome of Scotland betuixt and the first day of Apryle nixt to Come under the penaltie of five hundreth merks scotts By and attour the putting of the forsaid sentence of death to executione against her In caise she shall not depairt furth of this said kingdome betuixt and the day forsaid or Having departed furth therof shall returne therto without their Majesties or the Councills warrand for that effect

Att Edinburgh The Eight day of March Jaj vic nyntie Four years

A1694/3/121

Act

Act of Liberation Euphan Colstaine

Forasmuch as the Lords of their Majesties privy Councill Have by their Interloquitor of the threttieth day of November Last altered the sentence of death pronunced by the Lords Commissioners of Justiciary Against Euphan Colstaine prisoner in the tolbooth of Edinburgh And have banished her to their Majesties plantationes In America never to return under the paine of putting the said sentence of death to Executione against her And have ordained her to remaine prisoner in the tolbooth till the first ship for the plantations be ready The saids Lords doe heirby Give ordor and warrand to the magistrats of Edinburgh and keeper of their tolbooth to sett the said Euphan Colstaine at Liberty furth therof In respect she hath given bond and found sufficient Cautione acted in the books of privy Councill That she shall depairt furth of this kingdome of Scotland betuixt and the first day of Apryle nixt to Come under the penaltie of five hundreth merks scotts By and attour the putting of the forsaid sentence of death to executione against her In caise she shall not depairt furth of this said kingdome betuixt and the day forsaid or Having departed furth therof shall returne therto without their Majesties or the Councills warrand for that effect

1. NRS, PC1/49, 295-6.

1. NRS, PC1/49, 295-6.

Act, 8 March 1694, Edinburgh

Posted on by

Att Edinburgh The Eight day of March Jaj vic nyntie Four years

A1694/3/111

Act

Act Wedderburn of Blackness

Anent the petitione given in to the Lords of their Majesties privy Councill Be John Wedderburn of Blackness Clark to the Bills Sheuing That Alexander Wedderburn skipper in Dundie being by the saids Lords their sentence dated the tuenty sixth day of May Jaj vic nyntie one fyned and amerciat by their Lordships In the soume of fiftie pounds sterling For Having Robert Dumbar aboard of his shipp in the road of Leith when his ship uas ready to have sailed for Holland and ordained to be Committed to prisone and to Ly and remains ther ay and while the said fyne uas aither payed or security granted therfore to be payed when requyred The petitioner for preventing his being Imprisoned Did give his oune bond as Cautioner for the said fyne upon the considerationes follouing viz primo That albeit their Lordships proclamatione Discharging all skippers to receave any passengers aboard uithout a pass from one of their oune number which uas both Just and necessar for the security of the government at that tyme yet the petitioner uas alwayes confident that when any persone had escaped in his deuty In exact obedience to that proclamation And should therafter by his subsequent behaviour testifie his submission to and respect to the government The saids Lords would never failzie simpliciter to pardone the punishment of his former escapes Secundo The petitioner had be fore that tyme receaved full assurance from his deceast brother of his submission to and peacable deportment to their Majesties and the present government and accordingly (excepting the forsaid fault for which he uas amerciat) His deportment and behaviour was suitable to his previous promises and Ingadgements to the petitioner Tertio his vessell Being Loaded and ready to set saile If he had then been Committed to and detained in prisone upon the forsaid sentence His ouners and fraughters damnadge and prejudice had been so great and considerable (and for all which he uould have been in Law Lyable to them) That therby he had not only been rendered Incapable to follow his Imployment for the future But he and his poor numerous family reduced to misirie wheras if it had pleased god to spare him some few years He might have been capable to have payed the forsaid fyne himself In caise their Lordships had not found his deportment worthie of a discharge therof wheras now shortly after Imposing of the said fyne the petitioners deceast brother for whom he uas Cautioner uith his ship and haill stock uere Lost and foundered at sea Leaving his poor wyfe and children noe Imaginable means for Livelyhood and subsistance And seing the petitioners said deceast brother did only fall in the forsaid transgression by a mistake In apprehending that their Lordships Act appointing the said Robert Dumbar to procure the Libertie of Androw Hamilton prisoner in France had been equivalent to a pass from one of their Lordships number And that his deportment therafter uas uithout the Least Imaginable offence to the government And as he uas Infortunat in his decease so his poor relict and children had before this tyme been utterly starved In caise they had not been releived and supplyed by the petitioners kyndness and charity and uould be yet starved if he showld withdraw the same from them And seing the petitioners respect and affection to their Majesties and the established government Is nottour and unquestionable And that he did only Ingadge for his brothers fyne upon the Grounds and Considerationes aboverepresented And It is Impossible he Can ever have releiff of ane farthing therof And that his brothers relict and Children have been still since his decease and as yet are Lying as a burthen upon the petitioner As also since ther uas no designs in him against the Government so ther uas none in the Event The said Robert Dumbar having been detained therafter a Long tyme in prisone and then putt to Libertie And therfore Humbly Craving to the effect underwryten as the said petitione Bears The Saids Lords of their Majesties privy Councill Having Considered the above petitione They heirby Give ordor and uarrand to the Clarks of privie Councill To Give up and delyver to the petitioner the bond Granted be Alexander Wedderburn skipper as principall and the petitioner as Cautioner for Fiftie pounds Sterline payable to the General Receaver of the Croune rents as the above fyne dated the tuenty sixth day of May Jaj vic and nyntie one And discharges all executione or dilligence which hes folloued upon the said bond

Att Edinburgh The Eight day of March Jaj vic nyntie Four years

A1694/3/111

Act

Act Wedderburn of Blackness

Anent the petitione given in to the Lords of their Majesties privy Councill Be John Wedderburn of Blackness Clark to the Bills Sheuing That Alexander Wedderburn skipper in Dundie being by the saids Lords their sentence dated the tuenty sixth day of May Jaj vic nyntie one fyned and amerciat by their Lordships In the soume of fiftie pounds sterling For Having Robert Dumbar aboard of his shipp in the road of Leith when his ship uas ready to have sailed for Holland and ordained to be Committed to prisone and to Ly and remains ther ay and while the said fyne uas aither payed or security granted therfore to be payed when requyred The petitioner for preventing his being Imprisoned Did give his oune bond as Cautioner for the said fyne upon the considerationes follouing viz primo That albeit their Lordships proclamatione Discharging all skippers to receave any passengers aboard uithout a pass from one of their oune number which uas both Just and necessar for the security of the government at that tyme yet the petitioner uas alwayes confident that when any persone had escaped in his deuty In exact obedience to that proclamation And should therafter by his subsequent behaviour testifie his submission to and respect to the government The saids Lords would never failzie simpliciter to pardone the punishment of his former escapes Secundo The petitioner had be fore that tyme receaved full assurance from his deceast brother of his submission to and peacable deportment to their Majesties and the present government and accordingly (excepting the forsaid fault for which he uas amerciat) His deportment and behaviour was suitable to his previous promises and Ingadgements to the petitioner Tertio his vessell Being Loaded and ready to set saile If he had then been Committed to and detained in prisone upon the forsaid sentence His ouners and fraughters damnadge and prejudice had been so great and considerable (and for all which he uould have been in Law Lyable to them) That therby he had not only been rendered Incapable to follow his Imployment for the future But he and his poor numerous family reduced to misirie wheras if it had pleased god to spare him some few years He might have been capable to have payed the forsaid fyne himself In caise their Lordships had not found his deportment worthie of a discharge therof wheras now shortly after Imposing of the said fyne the petitioners deceast brother for whom he uas Cautioner uith his ship and haill stock uere Lost and foundered at sea Leaving his poor wyfe and children noe Imaginable means for Livelyhood and subsistance And seing the petitioners said deceast brother did only fall in the forsaid transgression by a mistake In apprehending that their Lordships Act appointing the said Robert Dumbar to procure the Libertie of Androw Hamilton prisoner in France had been equivalent to a pass from one of their Lordships number And that his deportment therafter uas uithout the Least Imaginable offence to the government And as he uas Infortunat in his decease so his poor relict and children had before this tyme been utterly starved In caise they had not been releived and supplyed by the petitioners kyndness and charity and uould be yet starved if he showld withdraw the same from them And seing the petitioners respect and affection to their Majesties and the established government Is nottour and unquestionable And that he did only Ingadge for his brothers fyne upon the Grounds and Considerationes aboverepresented And It is Impossible he Can ever have releiff of ane farthing therof And that his brothers relict and Children have been still since his decease and as yet are Lying as a burthen upon the petitioner As also since ther uas no designs in him against the Government so ther uas none in the Event The said Robert Dumbar having been detained therafter a Long tyme in prisone and then putt to Libertie And therfore Humbly Craving to the effect underwryten as the said petitione Bears The Saids Lords of their Majesties privy Councill Having Considered the above petitione They heirby Give ordor and uarrand to the Clarks of privie Councill To Give up and delyver to the petitioner the bond Granted be Alexander Wedderburn skipper as principall and the petitioner as Cautioner for Fiftie pounds Sterline payable to the General Receaver of the Croune rents as the above fyne dated the tuenty sixth day of May Jaj vic and nyntie one And discharges all executione or dilligence which hes folloued upon the said bond

1. NRS, PC1/49, 294-5.

1. NRS, PC1/49, 294-5.

Act, 8 March 1694, Edinburgh

Posted on by

Att Edinburgh The Eight day of March Jaj vic nyntie Four years

A1694/3/101

Act

Act of Liberation Robert Cuninghame

The Lords of their Majesties privie Councill Having Considered a petition given in to them be Robert Cunynghame sometyme a Leivtennant under Collonell Cunynghame and therafter under Collonell Buchan Representing he hes been Imprisoned since the seventh day of Apryle Last For alleadged begetting his wyfes nice uith chyld And that he hes supplicat Sir James Steuart their Majesties Advocat to Indict him who cannot doe it for uant of probatione and he is forced to Live upon charity albeit ther be sixtie seven pounds sterline of arrears resting to him The saids Lords of privie Councill Doe heirby Give ordor and warrand to the magistrats of Edinburgh and Keeper of their tolbooth To sett the above Robert Cunynghame at Libertie For which this shall be to all persons concerned a sufficient warrand

Att Edinburgh The Eight day of March Jaj vic nyntie Four years

A1694/3/101

Act

Act of Liberation Robert Cuninghame

The Lords of their Majesties privie Councill Having Considered a petition given in to them be Robert Cunynghame sometyme a Leivtennant under Collonell Cunynghame and therafter under Collonell Buchan Representing he hes been Imprisoned since the seventh day of Apryle Last For alleadged begetting his wyfes nice uith chyld And that he hes supplicat Sir James Steuart their Majesties Advocat to Indict him who cannot doe it for uant of probatione and he is forced to Live upon charity albeit ther be sixtie seven pounds sterline of arrears resting to him The saids Lords of privie Councill Doe heirby Give ordor and warrand to the magistrats of Edinburgh and Keeper of their tolbooth To sett the above Robert Cunynghame at Libertie For which this shall be to all persons concerned a sufficient warrand

1. NRS, PC1/49, 294.

1. NRS, PC1/49, 294.