Tag Archives: April

Warrant, 17 April 1695, Edinburgh

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Edinburgh Wedensday 17th Aprill 1695

D1695/4/191

Warrant

Warrand to the Lord Hatton for citeing the Dutches of Lauderdale before the parliament

Anent the petition given in to the Lords of his Majesties privy Councill be Sir John Lauder of Hattone Sir John Milne of Blaikburne […] Wauchope of Nidrie […] Hallyburtone of Incharnie Shewing That the deceast Duke of Lauderdale in his Decaying dayes being Imposed upon and influenced by his Ladies Flatteries and insinuationes to the ruine of his familly and prejudice of his Creditors to Dispone to her the far best part of his estate in property which could have never been designed by him if in his integrity of health and wonted firmness of Judgment farder then ane lifrent And seing the petitioners are Creditors to the Duke prior to the said dispositiones and alse Creditors to his airs who are therby prejudged and therby have good right and intrest to quarrell the saids Dispositiones and rights and that this is a matter of so great moment and said dangerous example to the natione that the aged and infirme nobillity be not Imposed upon by their Ladies to the ruine of their famillys and prejudice of ther Creditors Which can best be remeeded by the supream Court of parliament And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned The Lords of his majesties privy Councill Having Considered this petition given in to them be the above Sir John Lauder of Hatton and other above named They hereby Grant Warand for Citeing the above Dutches of Lauderdale and the Lord Huntingtour her sone and all other persones at the petitioners instance To Compeir before the supream Court of parliament in their nixt ensueing sessione upon the […] day of […] nixt with Continuatione of dayes Bringing with them the dispositions and other rights granted be the above Duke of Lauderdale to the said Dutches and by her to the said Lord Huntingtour and others to be reduced and Declared null and void for the reasones abovementioned and to be Lybelled in the Sumonds to be raised at the petitioners instance and appoints the Clerks of Councill to give out Letters to the effect forsaid for Citeing the persones abovewritten.

Edinburgh Wedensday 17th Aprill 1695

D1695/4/191

Warrant

Warrand to the Lord Hatton for citeing the Dutches of Lauderdale before the parliament

Anent the petition given in to the Lords of his Majesties privy Councill be Sir John Lauder of Hattone Sir John Milne of Blaikburne […] Wauchope of Nidrie […] Hallyburtone of Incharnie Shewing That the deceast Duke of Lauderdale in his Decaying dayes being Imposed upon and influenced by his Ladies Flatteries and insinuationes to the ruine of his familly and prejudice of his Creditors to Dispone to her the far best part of his estate in property which could have never been designed by him if in his integrity of health and wonted firmness of Judgment farder then ane lifrent And seing the petitioners are Creditors to the Duke prior to the said dispositiones and alse Creditors to his airs who are therby prejudged and therby have good right and intrest to quarrell the saids Dispositiones and rights and that this is a matter of so great moment and said dangerous example to the natione that the aged and infirme nobillity be not Imposed upon by their Ladies to the ruine of their famillys and prejudice of ther Creditors Which can best be remeeded by the supream Court of parliament And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned The Lords of his majesties privy Councill Having Considered this petition given in to them be the above Sir John Lauder of Hatton and other above named They hereby Grant Warand for Citeing the above Dutches of Lauderdale and the Lord Huntingtour her sone and all other persones at the petitioners instance To Compeir before the supream Court of parliament in their nixt ensueing sessione upon the […] day of […] nixt with Continuatione of dayes Bringing with them the dispositions and other rights granted be the above Duke of Lauderdale to the said Dutches and by her to the said Lord Huntingtour and others to be reduced and Declared null and void for the reasones abovementioned and to be Lybelled in the Sumonds to be raised at the petitioners instance and appoints the Clerks of Councill to give out Letters to the effect forsaid for Citeing the persones abovewritten.

1. NRS, PC2/25, 237r-237v.

1. NRS, PC2/25, 237r-237v.

Order, 17 April 1695, Edinburgh

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Edinburgh Wedensday 17th Aprill 1695

D1695/4/181

Order

Recomendatione Earl of Southerland and Dalfolly etc anent stipends

Anent the petition given in to the farder of his Majesties privy Councill be George Earle of Southerland and Adam Gordon of Dalfolly With Concurrance of Mr David Williamsone and Mr George Meldrum Commissionat by the kirk for that effect Shewing That quher it haveing pleased the Commissione of the Generall assembly To nominat and appoint ministers understanding the Irish tongue to preach in vaccant kirks in Southerland and Ross wher the ministrie so much desired and as is hoped may be very usefull for the poor peoples instruction, The Commission also thought fitt to Recommend them to the petitioners to make applicatione, to the saids Lords and likewayes to the Lords of thesaury for obtaineing the vaccand stipends of such Churches as now vaik in Southerland for ther better subsistance and encouragement And Seing That the kirks and stipends of Clyen Creich and Darnach all in Southerland doe at present vaik, and that the petitioners Crave is that the same may be applyed for pious uses within the said paroches, and the superplus for the mantinance of the saids ministers as the case shall requyre And Therfore Humbly Craveing the saids Lords To recomend the petitioners effectually to the Lords of the thesaury That they may give the forsaid vaccant stipends for termes past and to come so long as they shall vaik for the uses and ends forsaid, And that either by ordering the generall Collector for vaccant stipends to give a deputatione to the persone they shall nominat or in such other method as ther Lordships shall think fitt as the petition bears The Lords of his majesties privy Councill Having Considered this petitione given in to them be the above Earle of Southerland and Adam Gordon of Dalfolly with Concurrance of Mr David Williamsone and Mr George Meldrum Commissioners by the kirk for that effect They heirby Recomend the petitioners effectually to the Lords Commissioners of his majesties thesaury that they may give the above vaccand stipends for termes past and to come so long as they shall vaik for the uses and ends forsaids and that either by ordering the generall Collector for vaccand stipends to give a deputation to the persone the petitioners shall nominat or in such other methods as the saids Lords of thesaury shall think fit.

Edinburgh Wedensday 17th Aprill 1695

D1695/4/181

Order

Recomendatione Earl of Southerland and Dalfolly etc anent stipends

Anent the petition given in to the farder of his Majesties privy Councill be George Earle of Southerland and Adam Gordon of Dalfolly With Concurrance of Mr David Williamsone and Mr George Meldrum Commissionat by the kirk for that effect Shewing That quher it haveing pleased the Commissione of the Generall assembly To nominat and appoint ministers understanding the Irish tongue to preach in vaccant kirks in Southerland and Ross wher the ministrie so much desired and as is hoped may be very usefull for the poor peoples instruction, The Commission also thought fitt to Recommend them to the petitioners to make applicatione, to the saids Lords and likewayes to the Lords of thesaury for obtaineing the vaccand stipends of such Churches as now vaik in Southerland for ther better subsistance and encouragement And Seing That the kirks and stipends of Clyen Creich and Darnach all in Southerland doe at present vaik, and that the petitioners Crave is that the same may be applyed for pious uses within the said paroches, and the superplus for the mantinance of the saids ministers as the case shall requyre And Therfore Humbly Craveing the saids Lords To recomend the petitioners effectually to the Lords of the thesaury That they may give the forsaid vaccant stipends for termes past and to come so long as they shall vaik for the uses and ends forsaid, And that either by ordering the generall Collector for vaccant stipends to give a deputatione to the persone they shall nominat or in such other method as ther Lordships shall think fitt as the petition bears The Lords of his majesties privy Councill Having Considered this petitione given in to them be the above Earle of Southerland and Adam Gordon of Dalfolly with Concurrance of Mr David Williamsone and Mr George Meldrum Commissioners by the kirk for that effect They heirby Recomend the petitioners effectually to the Lords Commissioners of his majesties thesaury that they may give the above vaccand stipends for termes past and to come so long as they shall vaik for the uses and ends forsaids and that either by ordering the generall Collector for vaccand stipends to give a deputation to the persone the petitioners shall nominat or in such other methods as the saids Lords of thesaury shall think fit.

1. NRS, PC2/25, 236v-237r.

1. NRS, PC2/25, 236v-237r.

Order, 17 April 1695, Edinburgh

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Edinburgh Wedensday 17th Aprill 1695

D1695/4/171

Order

Recomendatione The Lord Strathnaver

Anent the petition given in to the Lords of His majesties privy Councill be John Strathnaver Shewing That quher it is weell knowen to the saids Lords That shortly after the late happy revolutione the petitioner raised a foot regiment for the necessary defence of the Government Which regiment the petitioner not only for the most part subsisted with alse Litle burdein to, and Complaint from the Countrey as can be instanced in any regiment then standing, But did also at his oun Charge Cloath then sufficiently and with all keept the regiment as full and in alse good order as any other regiment as full and in alse good order as any other regiment was keept By reasone quherof it now necessarly falls out that ther are great and Considerable arreirs due to the burghs and Countrey should be first payed out of that fond and ther Lordships haveing emitted severeall proclamationes for bringing in the accompts due to the burghes and Countrey in order to ther said payment In the first place the fiftein of march which was the last day assigned peremptory for that effect is now elapsed, and the farr greatest part of the saids accompts, and in effect the wholl accompts of all these places wher the petitioners regiment hapned to be quartered are both brought into and approven and transmitted be the saids Lords to the Lords of the thesaury as may Clearly be understood by the declaration of the secretary of Warr for the time, who keept a particular register of all ther quarterings and removeings so that now at this instant it can be alse plainely made appear to the saids Lords of thesaury what deductiones the pay of the petitioners regiment is to suffer upon the Countreyes account as if all the accompts of Scotland were stated and transmitted, And Seing It is very weell knowen and can easily be made appear what great soumes the petitioner expended for the Cloathing of his regiment and how for the most part and except when the petitioner got some payments which are Clearly stated in the petitioners accompt with the thesaury the petitioner subsisted either by money advanced to the officers or by provisiones out of the petitioners oun lands and grounds as also that since the disbanding therof the petitioner have raised another regiment for his majesties service Which the petitioner has Caried over to and attended personally in Flanders and ame now ready and hasting to returne to it as the petitioner has been and shall be allwayes ready and most forward to venture both life and fortune for his majesties service and the preservatione of his Government And Therfore Humbly Craveing the saids Lords In Consideratione of the premises To Recomend the petitioner effectually to the Lords Commissioners of his majesties thesaury That they may receive in the petitioners accompt of arreirs and state and Conclude the same ther being no Document wanting and order the petitioner his payment out of the fond destinat for that effect without farder Delay specially that since besides the Clearing of his accompt he was content to find Cautione above exception to refound incase the Countreys arreirs shall hapen to exhaust quherof ther appears not the least probability and that the petitioners forsaid ready payment would be very helpfull to the petitioner for his expeditione to Flanders which can no longer be delayed as the petitione bears The Lords of his Majesties privy Councill Having Considered this petition given in to them be the above Lord Strathnaver with the petitioners Declaratione That the above arreirs are not transacted wryten upon the end of the petitione They heirby Recommend to the Lords Commissioners of his majesties thesaury to receive in the petitioners accompts and to state and Conclude the same and to order him payment of the same out of the fond destinat for that effect.

Edinburgh Wedensday 17th Aprill 1695

D1695/4/171

Order

Recomendatione The Lord Strathnaver

Anent the petition given in to the Lords of His majesties privy Councill be John Strathnaver Shewing That quher it is weell knowen to the saids Lords That shortly after the late happy revolutione the petitioner raised a foot regiment for the necessary defence of the Government Which regiment the petitioner not only for the most part subsisted with alse Litle burdein to, and Complaint from the Countrey as can be instanced in any regiment then standing, But did also at his oun Charge Cloath then sufficiently and with all keept the regiment as full and in alse good order as any other regiment as full and in alse good order as any other regiment was keept By reasone quherof it now necessarly falls out that ther are great and Considerable arreirs due to the burghs and Countrey should be first payed out of that fond and ther Lordships haveing emitted severeall proclamationes for bringing in the accompts due to the burghes and Countrey in order to ther said payment In the first place the fiftein of march which was the last day assigned peremptory for that effect is now elapsed, and the farr greatest part of the saids accompts, and in effect the wholl accompts of all these places wher the petitioners regiment hapned to be quartered are both brought into and approven and transmitted be the saids Lords to the Lords of the thesaury as may Clearly be understood by the declaration of the secretary of Warr for the time, who keept a particular register of all ther quarterings and removeings so that now at this instant it can be alse plainely made appear to the saids Lords of thesaury what deductiones the pay of the petitioners regiment is to suffer upon the Countreyes account as if all the accompts of Scotland were stated and transmitted, And Seing It is very weell knowen and can easily be made appear what great soumes the petitioner expended for the Cloathing of his regiment and how for the most part and except when the petitioner got some payments which are Clearly stated in the petitioners accompt with the thesaury the petitioner subsisted either by money advanced to the officers or by provisiones out of the petitioners oun lands and grounds as also that since the disbanding therof the petitioner have raised another regiment for his majesties service Which the petitioner has Caried over to and attended personally in Flanders and ame now ready and hasting to returne to it as the petitioner has been and shall be allwayes ready and most forward to venture both life and fortune for his majesties service and the preservatione of his Government And Therfore Humbly Craveing the saids Lords In Consideratione of the premises To Recomend the petitioner effectually to the Lords Commissioners of his majesties thesaury That they may receive in the petitioners accompt of arreirs and state and Conclude the same ther being no Document wanting and order the petitioner his payment out of the fond destinat for that effect without farder Delay specially that since besides the Clearing of his accompt he was content to find Cautione above exception to refound incase the Countreys arreirs shall hapen to exhaust quherof ther appears not the least probability and that the petitioners forsaid ready payment would be very helpfull to the petitioner for his expeditione to Flanders which can no longer be delayed as the petitione bears The Lords of his Majesties privy Councill Having Considered this petition given in to them be the above Lord Strathnaver with the petitioners Declaratione That the above arreirs are not transacted wryten upon the end of the petitione They heirby Recommend to the Lords Commissioners of his majesties thesaury to receive in the petitioners accompts and to state and Conclude the same and to order him payment of the same out of the fond destinat for that effect.

1. NRS, PC2/25, 235v-236v.

1. NRS, PC2/25, 235v-236v.

Sederunt, 17 April 1695, Edinburgh

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Edinburgh Wedensday 17th Aprill 16951

D1695/4/162

Sederunt

Earl of Anandale pres; Earl of Southerland; Earl of Leven; Earl of Forfar; Viscount Tarbat; Lord Strathnaver; Lord Beilhaven; Lord Advocat; Lord Hatton; Lord Fountonhall; Mr Fra: Montgomry; Sir Thomas Livingstoune

Edinburgh Wedensday 17th Aprill 16951

D1695/4/162

Sederunt

Earl of Anandale pres; Earl of Southerland; Earl of Leven; Earl of Forfar; Viscount Tarbat; Lord Strathnaver; Lord Beilhaven; Lord Advocat; Lord Hatton; Lord Fountonhall; Mr Fra: Montgomry; Sir Thomas Livingstoune

1. NRS, PC2/25, 235r.

2. NRS, PC2/25, 235r.

1. NRS, PC2/25, 235r.

2. NRS, PC2/25, 235r.

Warrant, 16 April 1695, Edinburgh

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Edinburgh Tuesday the 16th Aprill 1695

D1695/4/151

Warrant

Warrand for citeing the officers concerned In the Earl of Brodalbins Losses at Finlarig

The Lords of his Majesties privy Councill haveing heard a report anent the Earle of Brodalbines damnages read in their presence They doe heirby appoint the officers following who were in Garison at Finlarig viz Captaine Gavin Hamiltone now in the Lord Carmichealls regiment Captaine William Blair of that ilk Captaine Robert Boyd in Grahames regiment in Flanders Livtenant James Drumond now agitant generall, Ensigne Walter Drumond now in Coll Hills regiment at Innverlochie Ensigne Robert Sharp now in Hills regiment Ensigne William Garving officer in Strathnavers regiment Captaine Henry Kennedy now in Stirling Captaine George Prestoune now in Flanders regiment Livd Allexander Inglis now in Lord George Hamiltones regiment Livt Thomas Rae, Ensigne David Home, Ensigne Thomas Caldwall and Livd Cathwell now in Coll Hills regiment to be cited by a macer or messenger to see the accompts of the damnadges in the report and answer to the same.

Edinburgh Tuesday the 16th Aprill 1695

D1695/4/151

Warrant

Warrand for citeing the officers concerned In the Earl of Brodalbins Losses at Finlarig

The Lords of his Majesties privy Councill haveing heard a report anent the Earle of Brodalbines damnages read in their presence They doe heirby appoint the officers following who were in Garison at Finlarig viz Captaine Gavin Hamiltone now in the Lord Carmichealls regiment Captaine William Blair of that ilk Captaine Robert Boyd in Grahames regiment in Flanders Livtenant James Drumond now agitant generall, Ensigne Walter Drumond now in Coll Hills regiment at Innverlochie Ensigne Robert Sharp now in Hills regiment Ensigne William Garving officer in Strathnavers regiment Captaine Henry Kennedy now in Stirling Captaine George Prestoune now in Flanders regiment Livd Allexander Inglis now in Lord George Hamiltones regiment Livt Thomas Rae, Ensigne David Home, Ensigne Thomas Caldwall and Livd Cathwell now in Coll Hills regiment to be cited by a macer or messenger to see the accompts of the damnadges in the report and answer to the same.

1. NRS, PC2/25, 235r.

1. NRS, PC2/25, 235r.

Sederunt, 16 April 1695, Edinburgh

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Edinburgh Tuesday the 16th Aprill 16951

D1695/4/142

Sederunt

Earl of Anandale pres; Earl of Southerland; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Strathnaver; Lord Belhaven; Lord Advocat; Lord Hatton; Lord Fountonhall; Mr Fra: Montgomry; Sir Thomas Livingstone

Edinburgh Tuesday the 16th Aprill 16951

D1695/4/142

Sederunt

Earl of Anandale pres; Earl of Southerland; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Strathnaver; Lord Belhaven; Lord Advocat; Lord Hatton; Lord Fountonhall; Mr Fra: Montgomry; Sir Thomas Livingstone

1. NRS, PC2/25, 235r.

2. NRS, PC2/25, 235r.

1. NRS, PC2/25, 235r.

2. NRS, PC2/25, 235r.

Act, 10 April 1695, Edinburgh

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Edinburgh Wedensday 10th Aprill 1695

D1695/4/131

Act

Act The Earl of Anandale and his majesties advocat contra Dalzell

Anent a Petition given in to the Lords of his Majesties privy Councill be William Earle of Anandale and Sir James Stewart his majesties advocat Shewing That quher upon the discovery of a most suspicious bond of about four thousand five hundred thretie thrie pund principall aledged to have been granted by the petitioners deceast father in the year Jaj vjc sixtie two years to the deceast Sir John Dalzell and Which was never since heard of notwithstanding of Sir John and his sone Sir Robert ther weell knowen Circumstances And that the petitioners father being therafter debitor to them in a lesser soume of Two Thousand merks the annualrents therof were from time to time payed But this alledged bond haveing been so long latent doeth now appear and it is pretended to be Conveyed by assignationes and translationes to the late Sir John Dalziell of Glenmore and was by his relict for his sones behoove Confirmed in her husbands testament, Wherupon the petitioner was necessitate to raise a reductione and Improvation of the said bond before the Lords of sessione And In Regiard that William Couper one of the witnesses in the bond in infirme and valetudinary as was attested to the Lords They upon ane petitione gave order that this oath and depositione should be taken, And for that effect that the Lady Glenae haver of the bond should exhibit the same, In obedience quherunto she did indeed Compeir and make faith and deponed that she hade the bond since the citatione given her upon the forsaid sumonds of reductione given her upon the forsaid sumonds of reductione and Improbatione, But that she put it away in the hands of another before the said ordinance of the Lords was given against her But refused flattly to declair in whose hands she putt it as she was Certainly bound to doe, and tho a second dilligence by Captione was given and execute against her, yet she gave in bills of suspensione untill they were refused by five of the Lords Conveened for that effect and then she Condescended in whose hands she hade put the bond viz that she hade put the same in the hands of Mistress Agnes Dalziell her husbands sister for letter preservation and that she did not know wher it now was or wher her sister was By all which it is evident that the forsaid methods have been industreously taken to hinder the said William Couper a dyeing man and one of the witnesses insert in the bond to depone anent the same and therby to eleid the petitioners actione of Improbatione which the petitioner has so good ground to pursue to prevent a burdein of no Less now then twentie thousand merks And seing that falshood especially when ther are such pregnant grounds of suspicion and such visible Courses taken for to hide and Cover the same ought to be prosecute with all dilligence and that now in this time of vacatione the ordinary remeedy by the Lords of session faills so that in all probabillity the forsaid infirme witnesses may be dead before the said Improbatione and that it Certainely belongs to ther Lordships in such casses to interpose ther authoritie for preventing such a manifast interpose ther authoritie for preventing such a manifast and designed abuse, Which cannot possibly be Otherwayes avoided And Therfore Humbly Craveing the saids Lords would be pleased in Consideratione of the premisses To give warrand to Charge the said Mrs Agnes Dalzell to Exhibit the forsaid bond in the hands of one of the Clerks of Councill with Certification that of the Clerks of Councill with Certification that if she faillie therin a second dilligence by Caption shall be direct against her and to give present warand for the same incase of her faillie, As alsoe incase of her Declareing that she hath shifted the bond into another hand to Charge the forsaid other persone or any else into whose hands it shall be Declared to be shifted with the like first and second dilligence that Justice may not be eluded by such manifast tricks specially seing that all the intent of the forsaid exhibitione which the petitioners is willing be Declared in ther Lordships out to the effect allenarly that the forsaid witnesses may see his subscriptione and Declair the treuth anent his subscriptione and Declair the treuth anent his subscryving, and granting of the bond without prejudice to the Lady Glenae her right as accords But that she shall have it instantly returned to her oun Custody untill the samen be orderly reduced and Improven as the said petition bears The Lords of his Majesties privy Councill Having Considered this petition given in to them be the Earle of Annandale etc his majestie advocat with the act of the Lords of sessione and depositiones taken therupon mentioned in the said petition, They heirby Give order and Warrand to ther Clerks to give out Letters Chargeing the above Mistress 2 Agnes3 Dalzill To exhibit in the hands of any one of ther Clerks the above bond Craved to be reduced and Improven quherin if she faillie the saids Lords authorizes ther saids Clerks to give out letters of Captain against her for that effect, and in case she shall depon4 upon oath the said bond to be shifted into any other hands ordaines the saids Clerks to give out letters for Charging the persone or persones in whose hands the said bond shall be deponed to be shifted to exhibit the same under the same Certification And if they faillie Ordaines Caption to be direct against them to the effect forsaid, And Declairs that this act is allenarly to the effect that William Couper alledged witnes in the said bond may see his subscriptione and depone upon oath and declare the treuth anent the subscryving and the granting of the said bond without prejudice of the Lady Glennaes right as accords, and Declares that the Lady shall instantly have the bond returned to her oun Custody untill the same be orderly reduced and Improven and Ordaines Letters on six dayes and others needfull to be direct heiron in forme as effeirs.
5When the above bill or petition was presented The Earle of Annandale petitioner Removed from the board, and his Lordship being president for the time, The Earle of Southerland was Chosen precess till the petition was read and the act past after quhich the Earl of Anandale took the Chair againe.

Edinburgh Wedensday 10th Aprill 1695

D1695/4/131

Act

Act The Earl of Anandale and his majesties advocat contra Dalzell

Anent a Petition given in to the Lords of his Majesties privy Councill be William Earle of Anandale and Sir James Stewart his majesties advocat Shewing That quher upon the discovery of a most suspicious bond of about four thousand five hundred thretie thrie pund principall aledged to have been granted by the petitioners deceast father in the year Jaj vjc sixtie two years to the deceast Sir John Dalzell and Which was never since heard of notwithstanding of Sir John and his sone Sir Robert ther weell knowen Circumstances And that the petitioners father being therafter debitor to them in a lesser soume of Two Thousand merks the annualrents therof were from time to time payed But this alledged bond haveing been so long latent doeth now appear and it is pretended to be Conveyed by assignationes and translationes to the late Sir John Dalziell of Glenmore and was by his relict for his sones behoove Confirmed in her husbands testament, Wherupon the petitioner was necessitate to raise a reductione and Improvation of the said bond before the Lords of sessione And In Regiard that William Couper one of the witnesses in the bond in infirme and valetudinary as was attested to the Lords They upon ane petitione gave order that this oath and depositione should be taken, And for that effect that the Lady Glenae haver of the bond should exhibit the same, In obedience quherunto she did indeed Compeir and make faith and deponed that she hade the bond since the citatione given her upon the forsaid sumonds of reductione given her upon the forsaid sumonds of reductione and Improbatione, But that she put it away in the hands of another before the said ordinance of the Lords was given against her But refused flattly to declair in whose hands she putt it as she was Certainly bound to doe, and tho a second dilligence by Captione was given and execute against her, yet she gave in bills of suspensione untill they were refused by five of the Lords Conveened for that effect and then she Condescended in whose hands she hade put the bond viz that she hade put the same in the hands of Mistress Agnes Dalziell her husbands sister for letter preservation and that she did not know wher it now was or wher her sister was By all which it is evident that the forsaid methods have been industreously taken to hinder the said William Couper a dyeing man and one of the witnesses insert in the bond to depone anent the same and therby to eleid the petitioners actione of Improbatione which the petitioner has so good ground to pursue to prevent a burdein of no Less now then twentie thousand merks And seing that falshood especially when ther are such pregnant grounds of suspicion and such visible Courses taken for to hide and Cover the same ought to be prosecute with all dilligence and that now in this time of vacatione the ordinary remeedy by the Lords of session faills so that in all probabillity the forsaid infirme witnesses may be dead before the said Improbatione and that it Certainely belongs to ther Lordships in such casses to interpose ther authoritie for preventing such a manifast interpose ther authoritie for preventing such a manifast and designed abuse, Which cannot possibly be Otherwayes avoided And Therfore Humbly Craveing the saids Lords would be pleased in Consideratione of the premisses To give warrand to Charge the said Mrs Agnes Dalzell to Exhibit the forsaid bond in the hands of one of the Clerks of Councill with Certification that of the Clerks of Councill with Certification that if she faillie therin a second dilligence by Caption shall be direct against her and to give present warand for the same incase of her faillie, As alsoe incase of her Declareing that she hath shifted the bond into another hand to Charge the forsaid other persone or any else into whose hands it shall be Declared to be shifted with the like first and second dilligence that Justice may not be eluded by such manifast tricks specially seing that all the intent of the forsaid exhibitione which the petitioners is willing be Declared in ther Lordships out to the effect allenarly that the forsaid witnesses may see his subscriptione and Declair the treuth anent his subscriptione and Declair the treuth anent his subscryving, and granting of the bond without prejudice to the Lady Glenae her right as accords But that she shall have it instantly returned to her oun Custody untill the samen be orderly reduced and Improven as the said petition bears The Lords of his Majesties privy Councill Having Considered this petition given in to them be the Earle of Annandale etc his majestie advocat with the act of the Lords of sessione and depositiones taken therupon mentioned in the said petition, They heirby Give order and Warrand to ther Clerks to give out Letters Chargeing the above Mistress 2 Agnes3 Dalzill To exhibit in the hands of any one of ther Clerks the above bond Craved to be reduced and Improven quherin if she faillie the saids Lords authorizes ther saids Clerks to give out letters of Captain against her for that effect, and in case she shall depon4 upon oath the said bond to be shifted into any other hands ordaines the saids Clerks to give out letters for Charging the persone or persones in whose hands the said bond shall be deponed to be shifted to exhibit the same under the same Certification And if they faillie Ordaines Caption to be direct against them to the effect forsaid, And Declairs that this act is allenarly to the effect that William Couper alledged witnes in the said bond may see his subscriptione and depone upon oath and declare the treuth anent the subscryving and the granting of the said bond without prejudice of the Lady Glennaes right as accords, and Declares that the Lady shall instantly have the bond returned to her oun Custody untill the same be orderly reduced and Improven and Ordaines Letters on six dayes and others needfull to be direct heiron in forme as effeirs.
5When the above bill or petition was presented The Earle of Annandale petitioner Removed from the board, and his Lordship being president for the time, The Earle of Southerland was Chosen precess till the petition was read and the act past after quhich the Earl of Anandale took the Chair againe.

1. NRS, PC2/25, 233r-235r.

2. The word ‘Margrat’ scored out here.

3. Insertion.

4. Insertion.

5. Marginal note: ‘Notta’.

1. NRS, PC2/25, 233r-235r.

2. The word ‘Margrat’ scored out here.

3. Insertion.

4. Insertion.

5. Marginal note: ‘Notta’.

Order, 10 April 1695, Edinburgh

Posted on by

Edinburgh Wedensday 10th Aprill 1695

D1695/4/121

Order

Recomendation Anent the accompts resting be Captain Rollo

The Lords of his majesties privy Councill having Considered a Report of the Comittie appointed for revising the accompts resting to his Majesties forces to the Countrey Bearing that the said Comittie haveing Considered the accompts given in to them as resting be his majesties forces upon scots pay to Captaine Andrew Rollo Governor of Findlarig With the instructiones and verifications therof They Find that the articles following of the saids accompts viz the soume of Fourscore thretein punds nyntein shilling four penies resting be Livd […] Calder in the Earle of Glencarne his regiment Item the soume of six hundreth Fourscore one punds fourtein shilling four penies resting be Captaine George Prestoune in the Lord Strathnavers regiment for himself and his Company Item the soume of Fiftie four punds Seventein shilling resting be Livd Thomas Rae in the said Regiment are not suficiently instructed, And it is the Committies oppinion that albeit their articles be not suficiently instructed, yet seing the accompt quherin the same are stated is timeously given in That Therfore they should not be rejected, But a farder time should yet be allowed for instructing the same and leaves to his majesties privy Councill to appoint a day for that effect And Finds besides the articles forsaids to be remitted to farder probatione It is suficiently verified and proven be subscribed accompts and recepts under the hands of the officers or souldiers of the regiments following all produced to and Considered be the Committie That ther is resting be his majesties forces upon scots pay to the said Captaine Androw Rollo the soumes following viz Be the Earle of Glencairne his regiment of foot the soume of ane thousand five hundreth and Fourscore four punds thrie shilling scots Item by the Lord Strathnaver his regiment of foot the Soume of Seven hundreth fiftie four punds Eleven shilling four pences scots Extending both the saids soumes togither to the soume of Two Thousand thrie hundreth threttie Eight punds fourtein shilling four penies scots And Finds that the haill articles quherof the Last Soume is made up were all furnished preceiding the first day of February Jaj vjc nyntie one years, And that they are all in the termes of the nynth act thrid session of this Current parliament Intituled act for polemoney and of the proclamatione of Councell relative therto And Therfore Its the Committies oppinion that the said soume of Two Thousand thrie hundreth and thretie Eight punds fourtein shilling four penies is to be payed to the said Captain Androw Rollo out of the present polemoney And that he is to be Recomended to the Lords Commissioners of his majesties thesaurie for payment of the same accordingly, And Finds that besides the haill articles forsaids ther is resting be Captaine Hew Kennedy in the said Lord Strathnavers regiment to the said Captaine Androw Rollo the soume of thriescore sixtein punds fiftein shilling four penies scots And In Respect it does not appear that this was applyed to the use of the Company or regiment to which he belongs Therfore Its the Committies oppinion that the same is not to be payed out of the polemoney amongst the debts resting be the forces to the Countrey But that it be Recomended to the Lords of the thesaury to stopt the arreirs if any shall be found due to the said Captain Kennedy out of the polemoney after the debts resting be the army to the Countrey Is satisfied and payed furth therof untill the said Captain Rollo be payed of the said soume as the said Report bears They The saids Lords of his Majesties privy Councill Doe heirby Approve of the said report and haveing Considered the military testament of the said Captaine Rollo written and subscryved with his oun hand They Find that the soumes in the saids accompts and report forsaid following upon doe pertaine and belong to Elizabeth Rollo second daughter to Hary Rollo of Woodsyde (brother to the said Captaine Rollo now deceast) procreat betwixt him and Margret Young his spouse And Therfore the saids Lords Doe heirby appoint the articles mentioned in the said report as not yet instructed to be instructed be the said Elizabeth Rollo and her said father as administrator of the Law to her said father as administrator of the Law to her at any time betwixt and the first day of november nixt to come and allowes the Clerks of privy Councill to receive in the saids instructiones at any time betwixt and the said first day of november nixt to come And Recommends to the Lords Commissioners of his majesties thesaury To Cause payment be made to the said Henry Rollo of Woodside as administrator of the Law to his said daughter of the soume of Two Thousand thrie hundred and threttie eight punds fourtein shilling four penies scots money mentioned in the said report as resting be his majesties forces upon scots pay and that out of the present polemoney and amongst the debts resting by his majesties forces to the Countrey And Recomends to the saids Lords to stopt any arreirs which shall be found due to Captaine Kennedy out of the polemoney after the debts resting to the Countrey are payed Conforme to and in the termes of the said report.

Edinburgh Wedensday 10th Aprill 1695

D1695/4/121

Order

Recomendation Anent the accompts resting be Captain Rollo

The Lords of his majesties privy Councill having Considered a Report of the Comittie appointed for revising the accompts resting to his Majesties forces to the Countrey Bearing that the said Comittie haveing Considered the accompts given in to them as resting be his majesties forces upon scots pay to Captaine Andrew Rollo Governor of Findlarig With the instructiones and verifications therof They Find that the articles following of the saids accompts viz the soume of Fourscore thretein punds nyntein shilling four penies resting be Livd […] Calder in the Earle of Glencarne his regiment Item the soume of six hundreth Fourscore one punds fourtein shilling four penies resting be Captaine George Prestoune in the Lord Strathnavers regiment for himself and his Company Item the soume of Fiftie four punds Seventein shilling resting be Livd Thomas Rae in the said Regiment are not suficiently instructed, And it is the Committies oppinion that albeit their articles be not suficiently instructed, yet seing the accompt quherin the same are stated is timeously given in That Therfore they should not be rejected, But a farder time should yet be allowed for instructing the same and leaves to his majesties privy Councill to appoint a day for that effect And Finds besides the articles forsaids to be remitted to farder probatione It is suficiently verified and proven be subscribed accompts and recepts under the hands of the officers or souldiers of the regiments following all produced to and Considered be the Committie That ther is resting be his majesties forces upon scots pay to the said Captaine Androw Rollo the soumes following viz Be the Earle of Glencairne his regiment of foot the soume of ane thousand five hundreth and Fourscore four punds thrie shilling scots Item by the Lord Strathnaver his regiment of foot the Soume of Seven hundreth fiftie four punds Eleven shilling four pences scots Extending both the saids soumes togither to the soume of Two Thousand thrie hundreth threttie Eight punds fourtein shilling four penies scots And Finds that the haill articles quherof the Last Soume is made up were all furnished preceiding the first day of February Jaj vjc nyntie one years, And that they are all in the termes of the nynth act thrid session of this Current parliament Intituled act for polemoney and of the proclamatione of Councell relative therto And Therfore Its the Committies oppinion that the said soume of Two Thousand thrie hundreth and thretie Eight punds fourtein shilling four penies is to be payed to the said Captain Androw Rollo out of the present polemoney And that he is to be Recomended to the Lords Commissioners of his majesties thesaurie for payment of the same accordingly, And Finds that besides the haill articles forsaids ther is resting be Captaine Hew Kennedy in the said Lord Strathnavers regiment to the said Captaine Androw Rollo the soume of thriescore sixtein punds fiftein shilling four penies scots And In Respect it does not appear that this was applyed to the use of the Company or regiment to which he belongs Therfore Its the Committies oppinion that the same is not to be payed out of the polemoney amongst the debts resting be the forces to the Countrey But that it be Recomended to the Lords of the thesaury to stopt the arreirs if any shall be found due to the said Captain Kennedy out of the polemoney after the debts resting be the army to the Countrey Is satisfied and payed furth therof untill the said Captain Rollo be payed of the said soume as the said Report bears They The saids Lords of his Majesties privy Councill Doe heirby Approve of the said report and haveing Considered the military testament of the said Captaine Rollo written and subscryved with his oun hand They Find that the soumes in the saids accompts and report forsaid following upon doe pertaine and belong to Elizabeth Rollo second daughter to Hary Rollo of Woodsyde (brother to the said Captaine Rollo now deceast) procreat betwixt him and Margret Young his spouse And Therfore the saids Lords Doe heirby appoint the articles mentioned in the said report as not yet instructed to be instructed be the said Elizabeth Rollo and her said father as administrator of the Law to her said father as administrator of the Law to her at any time betwixt and the first day of november nixt to come and allowes the Clerks of privy Councill to receive in the saids instructiones at any time betwixt and the said first day of november nixt to come And Recommends to the Lords Commissioners of his majesties thesaury To Cause payment be made to the said Henry Rollo of Woodside as administrator of the Law to his said daughter of the soume of Two Thousand thrie hundred and threttie eight punds fourtein shilling four penies scots money mentioned in the said report as resting be his majesties forces upon scots pay and that out of the present polemoney and amongst the debts resting by his majesties forces to the Countrey And Recomends to the saids Lords to stopt any arreirs which shall be found due to Captaine Kennedy out of the polemoney after the debts resting to the Countrey are payed Conforme to and in the termes of the said report.

1. NRS, PC2/25, 232r-233r.

1. NRS, PC2/25, 232r-233r.

Act, 10 April 1695, Edinburgh

Posted on by

Edinburgh Wedensday 10th Aprill 1695

D1695/4/111

Act

Act The Kirk Session of Dunning

Anent the petition given in to the Lords of his majesties privy Councill be the kirk session of the parish of Dinning Shewing That tho the petitioners be very unwilling to give any Occasione to any of their heritors to mistake their preceiding yet being informed that Androw Lord Rollo who was appointed factor by the saids Lords for Imploying two years of ther vaccant stipend for repairing the kirk and manse of the paroch and for building and repaireing severall bridges and repairing the schooll within the same, and Gave bond and Caution for that effect, Craves ane exonoratione and to have up his bond, The petitioners Cannot bot in duty represent to their Lordships that the2 work undertaken is not at all performed for except the silateing and Glassing of the Manss and mending the manss barne and stable The kirk mending the manss barne and stable The kirk rooff is still ruinouse being turn in five or six places, so as the people cannot without hazard sitt under it nor is the schooll house repaired But the Childrein this last Cold winter were keept in a Corner of the kirk to ther great prejudice and for bridges ther is nothing done nor is the repairing of the manse Compleited, So that the forsaid bond not being at all fullfilled ought not to be given up nor the granter therof exonored And Therfore humbly supplicating the saids Lords of his majesties privy Councill having Considered this petition given in to them be the above kirk session of Dinning with another petition be the Lord Rollo They heirby Grant Commission to […] Lord Ruthven and Adam Drumond of Meginch To Consider the act of Councill quherupon the Lord Rollos bond is given and visit the kirk and manss and other pious works appointed by the petitione and to report to the Councill Whither the termes of the said act be fullfilled or not betwixt and the Fourth day of June nixt.

Edinburgh Wedensday 10th Aprill 1695

D1695/4/111

Act

Act The Kirk Session of Dunning

Anent the petition given in to the Lords of his majesties privy Councill be the kirk session of the parish of Dinning Shewing That tho the petitioners be very unwilling to give any Occasione to any of their heritors to mistake their preceiding yet being informed that Androw Lord Rollo who was appointed factor by the saids Lords for Imploying two years of ther vaccant stipend for repairing the kirk and manse of the paroch and for building and repaireing severall bridges and repairing the schooll within the same, and Gave bond and Caution for that effect, Craves ane exonoratione and to have up his bond, The petitioners Cannot bot in duty represent to their Lordships that the2 work undertaken is not at all performed for except the silateing and Glassing of the Manss and mending the manss barne and stable The kirk mending the manss barne and stable The kirk rooff is still ruinouse being turn in five or six places, so as the people cannot without hazard sitt under it nor is the schooll house repaired But the Childrein this last Cold winter were keept in a Corner of the kirk to ther great prejudice and for bridges ther is nothing done nor is the repairing of the manse Compleited, So that the forsaid bond not being at all fullfilled ought not to be given up nor the granter therof exonored And Therfore humbly supplicating the saids Lords of his majesties privy Councill having Considered this petition given in to them be the above kirk session of Dinning with another petition be the Lord Rollo They heirby Grant Commission to […] Lord Ruthven and Adam Drumond of Meginch To Consider the act of Councill quherupon the Lord Rollos bond is given and visit the kirk and manss and other pious works appointed by the petitione and to report to the Councill Whither the termes of the said act be fullfilled or not betwixt and the Fourth day of June nixt.

1. NRS, PC2/25, 231v.

2. The letter ‘m’ scored out here.

1. NRS, PC2/25, 231v.

2. The letter ‘m’ scored out here.

Act, 10 April 1695, Edinburgh

Posted on by

Edinburgh Wedensday 10th Aprill 1695

D1695/4/101

Act

Act Auchinbreck

The Lords of his Majesties privy Councill having Considered a report made to them be a Committie of their oun number anent some victuall comeing from Ireland, Which was seized upon by Sir Duncan Campbell of Auchinbreck They Find by the document produced be way of instrument and the depositiones therin taken of the persones belonging to both vessells Called the James and Issobell of Greenock that they were both bringing victuall from Ireland Contrair to the act of parliament and proclamations As also that the same is Confirmed by a Cocquet found aboard on the vessells from Craigfergus dated the twentie fyfth of February last by past And Therfore They ordaine the victuall to be staved and destroyed Conforme to the act of parliament and appoints the vessells themselves and other things Escheatable by the said act shall be Lost to the said Sir Duncan Campbell who made the said seizure Conforme to the said act And appoints David Crafurd of Drumsuy who has Commision from the Councill for stoping the Importatione of Irish victuall to be questioned how thir vessells came to tresspass Contrare to their passports And ordaines him to Cause produce the skipers bonds into the hands of any of the Clerks of privy Councill, And ordaines letters of horning one fiftein dayes to be direct against him for that effect and others needfull in forme as effeirs.

Edinburgh Wedensday 10th Aprill 1695

D1695/4/101

Act

Act Auchinbreck

The Lords of his Majesties privy Councill having Considered a report made to them be a Committie of their oun number anent some victuall comeing from Ireland, Which was seized upon by Sir Duncan Campbell of Auchinbreck They Find by the document produced be way of instrument and the depositiones therin taken of the persones belonging to both vessells Called the James and Issobell of Greenock that they were both bringing victuall from Ireland Contrair to the act of parliament and proclamations As also that the same is Confirmed by a Cocquet found aboard on the vessells from Craigfergus dated the twentie fyfth of February last by past And Therfore They ordaine the victuall to be staved and destroyed Conforme to the act of parliament and appoints the vessells themselves and other things Escheatable by the said act shall be Lost to the said Sir Duncan Campbell who made the said seizure Conforme to the said act And appoints David Crafurd of Drumsuy who has Commision from the Councill for stoping the Importatione of Irish victuall to be questioned how thir vessells came to tresspass Contrare to their passports And ordaines him to Cause produce the skipers bonds into the hands of any of the Clerks of privy Councill, And ordaines letters of horning one fiftein dayes to be direct against him for that effect and others needfull in forme as effeirs.

1. NRS, PC2/25, 231r.

1. NRS, PC2/25, 231r.