D1694/10/6
D1694/10/61
Petition
Petitione the Viscount of Arbuthnot read and allowed Sir Thomas Burnet to see and answer.
1. NRS, PC2/25, 64v.
1. NRS, PC2/25, 64v.
D1694/10/5
D1694/10/51
Petition
Petitione the inhabitants of Linktoune of Abotshall Read and Remitted to a Committie of the saids Lords oun number
1. NRS, PC2/25, 64v.
1. NRS, PC2/25, 64v.
D1694/10/4
D1694/10/41
Act
The Lords of their Majesties privy Councill Doe heirby authorize and appoint Coll John Hill with his Livt Coll 2and major at Fortwilliam To nominat and ordaine such particular heritors as they shall think fitt out of the lists of the heritors of the severall paroches within the bounds and shires of Innverness Ross and Caithness as shall be given in to him by the fermors of the pole money their subfermers or Collectors or incaice of their refusall or delay such of his inferior officers as he shall think fitt to depute for the said severall parishes without the bounds forsaids to the effect aftermentioned And the saids Lords doe heirby ordaine the forsaid heritors or officers to be nominat and appointed as said is to take up lists of the poleable persones within the respective paroches to which they shall be appointed Containeing the names qualities and degrees of the severall persones and of the value of the estates belonging to their Conforme to the act of Parliament for polemoney and to report the saids lists as is prescryved by the said act And farder to attend Judge and Decerne upon all Claimes and debates which may aryse theranent within their respective paroches and to doe and exerce all and every other thing anent the levieing and ingathering of the said pole money incumbent to Commissioners for parishes Conforme to the said act of parliament and the proclamationes and orders of Councill made in pursuance therof.
1. NRS, PC2/25, 64r-64v.
2. One illegible word scored out here.
1. NRS, PC2/25, 64r-64v.
2. One illegible word scored out here.
D1694/10/3
D1694/10/31
Decreet
The Lords of their Majesties privy Councill haveing Considered this petitione given in to them be Major John Mcdonald They adhere to their interloquitor pronunced in the petitioners favors upon the […] day of […] Last by past And gives no other answer to this petitione.
1. NRS, PC2/25, 64r.
1. NRS, PC2/25, 64r.
D1694/10/2
D1694/10/21
Act
Anent a Petition given in to the Lords of their Majesties privy Councill be David Fergusone for himself and in name and behalf of the toune Councill and Comunitie of the burgh of Air Shewing That wher at the late electione of the provest and baillies for the burgh of Air Hew Crafurd Designeing to be provest per fas aut ne fae did not only Contrive the excluding of severall of the Ellectors by unwarrantable Captiones But the very time of the electione and in the full meeting of the Magistrats old and new Councill and Deacones of Trades take upon him by himself alone to receive objectiones against Alexander Adair and George Brown both electors and to admitt and swear witnesses and pronunce sentance rejecting them from any voice in electing not only without the Concurrence But against the Declaired Judgment of the pluralitie of votes were against him did at his oun hand strick out one of the votes and then alledged that they were pares betwixt John Osburne and him notwithstanding that the plurality of the Councill did declair that the said John Osburne hade Caried it But he not resting on their Declaratione proceids farder to Call a rable that he hade prepaired and order them to come in and break open the door if they found resistance and when they were come in with swords staffs and battons and much Clamour and threatning he asked them who should be provest and getting their approbatione he instantly Compelled the Clerk to administrat to him the oathes upon all which the petitioners have raised a lybell before the saids Lords and doe instantly instruct the most part of what is here represented by instruments ready to be produced And seing that the forsaid Competitione of two provests may in the mean time occasione Disturbance and quarells in the place, and that the Government in the toune may be securely Lodged in the hands of the other Magistrats Chosen with great unanimitie untill the electione of the provest shall be determined And Therfore Humbly Craveing the saids Lords for the security and quyet of the place to discharge the said Hew Crafurd and likewayes the said John Osburne to offer to exerce the office of provest within the said burgh untill that the questione of their electione shall be determined by the saids Lords upon the actione raised at their instance for that effect And in the mean time to Comand the other magistrats to see to the place and good of the burgh as the petition bears The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above David Fergusone for the toune of Air for himself and in name and behalf of the toune Councill and Comunity of the said burgh with another petitione be Hew Hamiltone in name of Hew Crafurd therin designed provest of Air They heirby Discharge the above Hew Crafurd and John Osburne both pretending to have been elected provest of Air at this last election or either of them to exerce the office of provest of the said burgh Or to doe any act or deed Competent to that office Untill the fiftein day of november nixt to come and in the mean time Allowes and Commands both parties to raised process and insist against each other hinc inde That it may appear which of the two were legally elected provest And Commands and ordaines the other Magistrats and Councill of the said burgh to exercise their offices and to see the peace and good order of the burgh.
1. NRS, PC2/25, 63r-64r.
1. NRS, PC2/25, 63r-64r.
D1694/10/1
D1694/10/12
Sederunt
Lord Chancelor; Earl of Drumlanrig; Earl of Southerland; Earl of Strathmore; Earl of Lothian; Earl of Forfar; Lord Murray; Viscount Tarbat; Lord Ross; Lord Carmicheall; Lord Polwarth; Lord Advocat; Lord Justice Clerk; Lord Hattone; Lord Fountonhall; Laird of Blackbarony; Laird of Stivensone; Laird of Pollock; Sir Thomas Livingston; Sir John Hall
1. NRS, PC2/25, 63r.
2. NRS, PC2/25, 63r.
1. NRS, PC2/25, 63r.
2. NRS, PC2/25, 63r.
A1694/10/11
A1694/10/111
Proclamation
The Proclamation after Insert, Being read, approven and signed, was ordered to be Recorded, wherof the Tennor followes.
William and Mary By the grace of God, King and Queen of Great-Brittan, France and Ireland Defenders of the faith To etc Macers of our privy Council, messengers at armes, Our Sherreffs in that parte, Conjunctlie and severallie speciallie Constitut, Greeting: forasmuch as the Merchants and skippers and others traffiqueing and passing betuixt this our ancient Kingdome and the provinces of the Netherlands, Doe presume to bring into this Kingdome, persons obnoxious to our Lawes and notourly disaffected to our Government, As also deserters from our forces in the said pairts. For remeid wherof, Ue uith advice of the Lords of our privy Council have thought fitt hereby, strictly to prohibit and Discharge all Merchants, Masters, Skippers or Mates and Mariners and passingers in any shipes, Barks, or vessells, To bring home into this kingdome or any of the ports or Coasts therof any person or persons from the said Netherlands, Unless they have passes in maner following, viz Every one of the saids persones not being a souldier, a pass from the secretaries of this Kingdom or their Deput attending our person in the said Netherlands for the tyme, and every souldier or other person who have served in our armies, a pass from the Collonell of the regement wherin they served, or a superior officer, which passes are to be presented to the Conservator of the priviledges of this our Kingdome, Residing in the said provinces or his Deputt in his absence, who is to make a list of the saids persons, having and produceing their passes as said is, and to deliver the same subscrybed with his hands to the master or skipper of the ship for his warrand, To bring home the persones named therin: as also the said master or skipper at his arivall within the river of Forth or any port or Creik therof shall, befor he suffer any of the persons contained in the said List to goe ashore out of his Vessell, present the forsaid List to our Advocat or Solicitor, at Edinburgh for the tyme, or in there absence to one or other of the Lords of our privy Council, and receave his order for setting of the saids persons a shore. And if the 3 vessell4 shal arive at any other port or Coast within the kingdome ,then the skipper shal present his said list to a Magistrat of the nixt Burgh Royall, who shall be oblidged either to take Caution of the persons Contained therin, That they shall present themselves when called by the Lords of our privy Council: or at Leist if they cannot find caution, they shall Enact themselves both under a reasonable penaltie to present themselves as said is, which bonds and acts the said magistrat, is to transmit with all dilligence to the Clerks of our privy Councill within a fourtnight at farthest after receaving of the same, and the saids Magistrats having taken the saids bonds or subscriptions, are then to give order for the persons coming a shore; Certifieing the saids merchants, masters, skippers, mates, mariners and passengers, and magistrats above mentioned, That if any of them faill in the premisses they shall be lyable in the penalty of five hunder merks scots Each of them, toties quoties, To be payed to our Receaver generall for our use. and farther requireing Our Solicitor to use Exact dilligence to sie thir presents Executt, and the forsaid penaltie when incurred payed. Our will is Herfor, and we Chairge yow strictly and comand, and in Continent, these our Letters seen, ye pass to the mercat Cross of Edinburgh, and to the mercat Crosses of the remanent head burghes of the severall shyres within this kingdome and also to the severall seaport tounes within the same (and appoints the shereffs of the severall shires to sie thir presents published at the severall seatouns within their respective Jurisdictions) and ther be open proclamation make publicatione of the premisses, that non pretends ignorance. And ordaines thir presents to be printed, Givin under our signet at Edinburgh the sixth day of September, and of our Reigne the sixth year. 1694. sic subscribitur, Tweeddale cancell: Lothian, Annandale, Forfar, Breadalbane, James Stewart Adam Cockburne John Hall John Lauder.
0. NRS, PC1/50, 21.
1. NRS, PC1/50, 19-21.
2. Marginal note: ‘Nota. This Proclamation is passed upon the sixth of September Instant, and booked here per Licet’.
3. The phrase ‘said persons’ scored out here.
4. Insertion.
0. NRS, PC1/50, 21.
1. NRS, PC1/50, 19-21.
2. Marginal note: ‘Nota. This Proclamation is passed upon the sixth of September Instant, and booked here per Licet’.
3. The phrase ‘said persons’ scored out here.
4. Insertion.
A1694/10/10
A1694/10/101
Order
The Lords of their Majesties privy Council, Doe herby recomend to the Lords Commissioners of their Majesties Theausery to cause payment be made of Three pound scots to Each of sixtie Thrie Invalids and Discharged souldiers of the Scots Regements in Flanders for Carreying them home to their respective houses, Conform as their names shal be givin In to them in List be Sir Thomas Livingston Commander in Chieff of their Majesties Forces within this kingdome, And Recomends to the said Sir Thomas Livingstone to grant passes to the saids souldiers for their more saife travelling to their respective homes and for secureing them from troble in tyme coming.
0. NRS, PC1/50, 13.
1. NRS, PC1/50, 19.
0. NRS, PC1/50, 13.
1. NRS, PC1/50, 19.
A1694/10/9
A1694/10/91
Procedure
The Lords of their Majesties privy Council, Considering that by the Commission for securing the peace of the Highlands, They are Impowered, upon applicatione to be made to them from any Justiciary Court, to add to the Nomination already made such person or persons as the said Court shall petition for, For strengthening their hands, and that the Commissioners of the south and west Districts have applyed to their Lordships That the persons after named, may be added to the Nomination already made, Therfor they herby add these persons viz Lievtennent Collonell John Erskin Lievetennent governour of the Castell of Stirling, Sir Patrick Murray of Ochtertyr, Alexander Blair of Corbs, Mr. James Craig younger of Dumbarnie, Lauchlin Mcintosh, tutor of Dalmongie, James Drummond of Gairdrum, Alexander Campbell of Balgershie elder and Paul Farquharsone of Rachally to the Number of the Commissioners already named, With power to the persons hereby nominate to sitt, act, vote and doe with the Commissioners formerly nominat, sicklike and alse freely in all respects as they had bein Contained in the principall Commission under the great seall, The persons herby nominat first befor their Entering upon the said office swearing and signeing the oath of alledgance and signeing the Assurance to their Majesties King William and Queen Mary appointed by Act of Parliament, And thir presents being recorded in the books of the said Commission.
0. NRS, PC1/50, 13.
1. NRS, PC1/50, 18-19.
0. NRS, PC1/50, 13.
1. NRS, PC1/50, 18-19.
A1694/10/8
A1694/10/81
Act
Anent the Petition givin in to the Lords of their Majesties privy Councill Be William Rait of Halgreen, Shewing that where David Auchterlonie merchand in Montrois, Taking advantage of their petitioners present Circumstances, Being necessitat to retire throw the rigour of some of his Creditors occasioned by the unjust Dealling of Mr Andrew Wood of Netherbenholm and James Burnet of Lagaven, To whom their Petitioner sold ane pairt of his Estate, To the valow of Thriscore six Thousand merks (as is nottorly knoune) Towards their Payment and satisfaction, And the Tennents having suspended the Chairge, And David Auchterlonie finding their Petitioner at this pinch, hes raised ane Complaint befor their Lordships For ane ryot alledged Committed be the said William Raite upon him and for severall other Calumnious Crymes in maner specified in the Coppie of the Letters lying in Sir Gilbert Eliot their Clerks hands And seeing the said William Rait is very willing to give obedience to the said citation and compear befor their Lordships in order to vindicat and Defend himself if he had personall freedome from Caption and other personall dilligences for civill debts, And their Lordships being authorized and in use to grant protections in such cases for and Competent tyme that he may have the freedome to Compear befor their Lordships To propone his Just and Lawfull defences against his so unjust and Calumnious persuite, as the said Petition at more Length bears. Which petition being this day read in presence of the saids Lords of their Majesties privy Councill, and they haveing at Length Considered the same, They hereby Grant personall protection to the petitioner till the Eight day of November nixt to come, and discharges all Judges and Magistrats, Messengers at armes, officers in Burgh or Landward to put any Letters of Caption, acts of warding or other personall dilligence to execution against him untill the forsaid day inclusive, Excepting alwayes their Majesties Rents and publick dews. Sic subscribitur x2 Tweeddale cancel: Southerland, Tarbat, Carmichaell, Polwarth, James Stewart, Archibald Murray, John Maxwell, T. Livingstone.
0. NRS, PC1/50, 13.
1. NRS, PC1/50, 18.
2. Insertion.
0. NRS, PC1/50, 13.
1. NRS, PC1/50, 18.
2. Insertion.