Sederunt, 16 April 1696, Edinburgh

Att Edinburgh the sixteenth day of Apryle Jaj vjc nyntie six years1

A1696/4/872

Sederunt

Lord Chancelor; Duke of Queensberry; Earl of Argyle; Earl of Southerland; Earl of Morton; Earl of Lauderdale; Earl of Annandale; Viscount Tarbat; Lord Carmichaell; Lord Justice Clerk; Lord Anstruther; Mr Fra: Montgomery; Laird of Blackbarrony; Laird of Pollock; Sir Thomas Livingstoun: Laird of Cessnock; Provost of Edinburgh

Att Edinburgh the sixteenth day of Apryle Jaj vjc nyntie six years1

A1696/4/872

Sederunt

Lord Chancelor; Duke of Queensberry; Earl of Argyle; Earl of Southerland; Earl of Morton; Earl of Lauderdale; Earl of Annandale; Viscount Tarbat; Lord Carmichaell; Lord Justice Clerk; Lord Anstruther; Mr Fra: Montgomery; Laird of Blackbarrony; Laird of Pollock; Sir Thomas Livingstoun: Laird of Cessnock; Provost of Edinburgh

1. NRS, PC1/50, 494.

2. NRS, PC1/50, 494.

1. NRS, PC1/50, 494.

2. NRS, PC1/50, 494.

Judicial Proceeding, 15 April 1696, Edinburgh

Att Edinburgh the Fifteenth day of Aprile Jaj vjc nyntie six years

A1696/4/861

Judicial Proceeding

[James Dalziell]

Sir William Scott younger of Harden being Cited as Cautioner for James Dalziell son to the deceast Sir Robert Dalziell of Glennae to have produced the said James before the Councell under the penaltie of one Hundreth pounds Sterling Contained in a bond subscryved by the said James as principall and Sir William as Cautioner dated the fifteenth day of December Jaj vjc nyntie five years And being this day ofttymes Called to have Compeared and to have produced the said principall He failzied therintill And therfore the saids Lords of his majesties privy Councill Have forefaulted and heirby forfaults the said penalty of one Hundreth pounds sterling In so farr as Concerns the said Cautioner only And Decerns and ordaines the said Cautioner to make payment and satisfaction to George Baillie of Jarvesuood Receaver of his Majesties Croun rents of the said soume of ane Hundreth pounds sterling of penaltie in his Majesties name and for his Majesties use And ordaines Letters of Horning on six dayes and others to be direct heiron under the Signet of Councill against the said Cautioner superceeding extracting heirof untill the tuenty second day of Aprile instant Betuixt and which the said principall appearing before Sir James Steuart his Majesties advocat and Enacting himself in the books of privy Councell in such tearms and under such a penaltie as his Lordships Finds he hes allowance for from his Majestie That he shall depairt furth of his Majesties Dominions and that within such a tyme as the Lord Advocat shall appoint And also Giving bond and finding sufficient Cautione acted in the books of his majesties privy Councell That he shall Live peacably under and uith all submission to the present government of his Majestie King William and that he shall not Act Consult nor Contrive anything in prejudice therof nor shall not Converss or Correspond uith any rebells And that he shall appear before the saids Lords of his majesties privy Councell whensoever he shall be Called or requyred therto In caise he shall be Called for before he Depairt the dominions And that under the penaltie of ane Hundreth pounds sterling In caise He shall transgress in any pairt of the premisses And upon Granting new bond appointes the former to be Given up

Att Edinburgh the Fifteenth day of Aprile Jaj vjc nyntie six years

A1696/4/861

Judicial Proceeding

[James Dalziell]

Sir William Scott younger of Harden being Cited as Cautioner for James Dalziell son to the deceast Sir Robert Dalziell of Glennae to have produced the said James before the Councell under the penaltie of one Hundreth pounds Sterling Contained in a bond subscryved by the said James as principall and Sir William as Cautioner dated the fifteenth day of December Jaj vjc nyntie five years And being this day ofttymes Called to have Compeared and to have produced the said principall He failzied therintill And therfore the saids Lords of his majesties privy Councill Have forefaulted and heirby forfaults the said penalty of one Hundreth pounds sterling In so farr as Concerns the said Cautioner only And Decerns and ordaines the said Cautioner to make payment and satisfaction to George Baillie of Jarvesuood Receaver of his Majesties Croun rents of the said soume of ane Hundreth pounds sterling of penaltie in his Majesties name and for his Majesties use And ordaines Letters of Horning on six dayes and others to be direct heiron under the Signet of Councill against the said Cautioner superceeding extracting heirof untill the tuenty second day of Aprile instant Betuixt and which the said principall appearing before Sir James Steuart his Majesties advocat and Enacting himself in the books of privy Councell in such tearms and under such a penaltie as his Lordships Finds he hes allowance for from his Majestie That he shall depairt furth of his Majesties Dominions and that within such a tyme as the Lord Advocat shall appoint And also Giving bond and finding sufficient Cautione acted in the books of his majesties privy Councell That he shall Live peacably under and uith all submission to the present government of his Majestie King William and that he shall not Act Consult nor Contrive anything in prejudice therof nor shall not Converss or Correspond uith any rebells And that he shall appear before the saids Lords of his majesties privy Councell whensoever he shall be Called or requyred therto In caise he shall be Called for before he Depairt the dominions And that under the penaltie of ane Hundreth pounds sterling In caise He shall transgress in any pairt of the premisses And upon Granting new bond appointes the former to be Given up

1. NRS, PC1/50, 493.

1. NRS, PC1/50, 493.

Act, 15 April 1696, Edinburgh

Att Edinburgh the Fifteenth day of Aprile Jaj vjc nyntie six years

A1696/4/851

Act

Liberation The Earle of Home

Anent the petitione given in to the Lords of his Majesties privie Councell by the Earle of Home Sheuing That wheras the petitioner having been formerly under bond and Cautione to appear when Called He Lived most peacably and was already to appear whenever he uas Called And now the petitioner having been a Considerable tyme in prisone in the Castle of Edinburgh To the Great prejudice of his health and Loss of his privat affairs And seing he is still willing to Give bond and Cautione to Live peacably and to appear before their Lordships when Called And that ther are severall others in his Circumstances who are already sett at Liberty upon these tearms And therfore Humblie Craving their Lordships may be pleased to ordaine him to be sett at Libertie upon his giving bond and Cautione to Live peacably and to appear when Called under such a penaltie as their Lordships shall think fitt as the said petition bears The Saids Lords of his Majesties privie Counsell Having Considered this petitione given in to them by the Earle of Home They heirby Recommend to the Earle of Leven Governour of the Castle of Edinburgh and in his absence Gives order and warrand to the nixt Comanding office ther, to sett the petitioner at Liberty furth of the said Castle In respect He hath given bond and found sufficient Caution acted in the books of privy Councell That he shall remaine Confyned uithin that pairt of the shire of Beruick which is upon this syde of the water of Tueed and not goe uithout the same And in the mean tyme that he shall Live peacably under and uith all submission to the resent government of his Majestie King William And that he shall not Act Consult nor Contrive any thing in prejudice thereof nor shall not Converss or Correspond uith any rebells And that he shall appear before the saids Lords when Called for under the penaltie of tuo Thousand pounds starling And ordaines the petitioners former bond to be Given up

Att Edinburgh the Fifteenth day of Aprile Jaj vjc nyntie six years

A1696/4/851

Act

Liberation The Earle of Home

Anent the petitione given in to the Lords of his Majesties privie Councell by the Earle of Home Sheuing That wheras the petitioner having been formerly under bond and Cautione to appear when Called He Lived most peacably and was already to appear whenever he uas Called And now the petitioner having been a Considerable tyme in prisone in the Castle of Edinburgh To the Great prejudice of his health and Loss of his privat affairs And seing he is still willing to Give bond and Cautione to Live peacably and to appear before their Lordships when Called And that ther are severall others in his Circumstances who are already sett at Liberty upon these tearms And therfore Humblie Craving their Lordships may be pleased to ordaine him to be sett at Libertie upon his giving bond and Cautione to Live peacably and to appear when Called under such a penaltie as their Lordships shall think fitt as the said petition bears The Saids Lords of his Majesties privie Counsell Having Considered this petitione given in to them by the Earle of Home They heirby Recommend to the Earle of Leven Governour of the Castle of Edinburgh and in his absence Gives order and warrand to the nixt Comanding office ther, to sett the petitioner at Liberty furth of the said Castle In respect He hath given bond and found sufficient Caution acted in the books of privy Councell That he shall remaine Confyned uithin that pairt of the shire of Beruick which is upon this syde of the water of Tueed and not goe uithout the same And in the mean tyme that he shall Live peacably under and uith all submission to the resent government of his Majestie King William And that he shall not Act Consult nor Contrive any thing in prejudice thereof nor shall not Converss or Correspond uith any rebells And that he shall appear before the saids Lords when Called for under the penaltie of tuo Thousand pounds starling And ordaines the petitioners former bond to be Given up

1. NRS, PC1/50, 492.

1. NRS, PC1/50, 492.

Act, 15 April 1696, Edinburgh

Att Edinburgh the Fifteenth day of Aprile Jaj vjc nyntie six years

A1696/4/841

Act

Liberation The Duke of Gordon

The Lords of his Majesties privie Councell Doe heirby Recommend to the Earle of Leven Governor of the Castle of Edinburgh and in his absence Gives order and warrand to the nixt Commanding officer ther To sett at Libertie furth therof The Duke of Gordoun presently prisoner therin In respect he hath Given bond and found sufficient Caution acted in the books of privie Councell To keep his former Confynment And that he shall not goe further north then the river of Tay And in the mean tyme that he shall Live peacably under and with all submission to the present Government of his Majestie King William And that he shall not Act Consult nor Contrive any thing in prejudice thereof nor shall not Converss nor Correspond uith any rebells And that he shall appear when Called for or requyred to that effect under the penaltie of Tuo Thousand pounds starling in caise he shall transgress in any pairt of the premisses

Att Edinburgh the Fifteenth day of Aprile Jaj vjc nyntie six years

A1696/4/841

Act

Liberation The Duke of Gordon

The Lords of his Majesties privie Councell Doe heirby Recommend to the Earle of Leven Governor of the Castle of Edinburgh and in his absence Gives order and warrand to the nixt Commanding officer ther To sett at Libertie furth therof The Duke of Gordoun presently prisoner therin In respect he hath Given bond and found sufficient Caution acted in the books of privie Councell To keep his former Confynment And that he shall not goe further north then the river of Tay And in the mean tyme that he shall Live peacably under and with all submission to the present Government of his Majestie King William And that he shall not Act Consult nor Contrive any thing in prejudice thereof nor shall not Converss nor Correspond uith any rebells And that he shall appear when Called for or requyred to that effect under the penaltie of Tuo Thousand pounds starling in caise he shall transgress in any pairt of the premisses

1. NRS, PC1/50, 491-2.

1. NRS, PC1/50, 491-2.

Warrant, 15 April 1696, Edinburgh

Att Edinburgh the Fifteenth day of Aprile Jaj vjc nyntie six years

A1696/4/831

Warrant

Warrand Anent Deficient men in some shires

The Lords of his Majesties privie Councell Being Informed that the shires of Lanerk Air Renfrew Drumfreis Wigtoune and the steuartry of Kirkcudbright Their full proportions of the Levy of one thousand men appointed to his Majestie by Act of parliament are not yet delyvered They heirby appoint the Commissioners of supplie for the saids shires and Steuartry to make up their full and Compleat proportions of the said Levy and delyver the same to the officers appointed or who shall be appointed to receave the same And that at the toune or burgh of Glasgow upon the dayes respective follouing viz These for the shires of Lanerk Air and Renfrew upon the first day of May next to Come And these of the shires of Drumfreis Wigtoune and steuartry of Kirkcudbright upon the Eight day of the said month under the penaltie of one Hundred pounds scotts for each man who shall not be delyvered To be payed by the persons by whom the men who shall not be Delyvered ought to have been putt out and furnished And that by and attour the furnishing of the saids men

Att Edinburgh the Fifteenth day of Aprile Jaj vjc nyntie six years

A1696/4/831

Warrant

Warrand Anent Deficient men in some shires

The Lords of his Majesties privie Councell Being Informed that the shires of Lanerk Air Renfrew Drumfreis Wigtoune and the steuartry of Kirkcudbright Their full proportions of the Levy of one thousand men appointed to his Majestie by Act of parliament are not yet delyvered They heirby appoint the Commissioners of supplie for the saids shires and Steuartry to make up their full and Compleat proportions of the said Levy and delyver the same to the officers appointed or who shall be appointed to receave the same And that at the toune or burgh of Glasgow upon the dayes respective follouing viz These for the shires of Lanerk Air and Renfrew upon the first day of May next to Come And these of the shires of Drumfreis Wigtoune and steuartry of Kirkcudbright upon the Eight day of the said month under the penaltie of one Hundred pounds scotts for each man who shall not be delyvered To be payed by the persons by whom the men who shall not be Delyvered ought to have been putt out and furnished And that by and attour the furnishing of the saids men

1. NRS, PC1/50, 491.

1. NRS, PC1/50, 491.

Act, 15 April 1696, Edinburgh

Att Edinburgh the Fifteenth day of Aprile Jaj vjc nyntie six years

A1696/4/821

Act

Liberation William Fergusone

The Lords of his Majesties privy Councell Doe heirby Give order and warrand to the Magistrats of Edinburgh and Keeper of their tolbooth to sett William Fergusone presently prisoner therin at Libertie furth therof For which this shall be to them a sufficient warrand

Att Edinburgh the Fifteenth day of Aprile Jaj vjc nyntie six years

A1696/4/821

Act

Liberation William Fergusone

The Lords of his Majesties privy Councell Doe heirby Give order and warrand to the Magistrats of Edinburgh and Keeper of their tolbooth to sett William Fergusone presently prisoner therin at Libertie furth therof For which this shall be to them a sufficient warrand

1. NRS, PC1/50, 491.

1. NRS, PC1/50, 491.

Act, 15 April 1696, Edinburgh

Att Edinburgh the Fifteenth day of Aprile Jaj vjc nyntie six years

A1696/4/811

Act

Liberation John Turring

Anent the petition given in to the Lords of his majesties privie Councill by John Turring Sheuing That the petitioner being apprehended six weeks agoe by a party as he was Coming on his road from Preston-pans And therafter examined by Leivtennant Collonell Bruce was by him committed prisoner to the Cannongate tolbooth wher he hath Continoued ever since in Great misirie He therfore beggs their Lordships would be pleased to hear a short deduction of his Circumstances which in short That before the Revolution He served in a military station And therafter having gone to the Bass was by the articles of Capitulation Liberat And by vertue of the same Choosed to stay at home in the kingdome of Scotland wher he still Lived peacably and quietly under the Government and that he is so farr from troubling or molesting the government That he offered his service in his Majesties troops of Guairds And is still ready to serve in that station In respect that hitherto he hath still served in Cavilry And therfore humbly Craving their Lordships to take the premisses into their Consideratione And to Cause sett the petitioner at Libertie free of house dues or to Grant him ane aliment wherby he may be able to subsist during his Imprisonment as the said petitione bears The saids Lords of his Majesties privie Councell Having Considered this petition given in to them by the above John Turring They heirby Give order and warrand to the Baillies of the Cannongate and Keeper of their tolbooth To sett the petitioner furth therof In respect he hath suorne and signed the oath of alleadgance and signed the assurance appointed to his Majestie King William by Act of parliament In presence of Baillie Dunnoon baillie of the Cannongate

Att Edinburgh the Fifteenth day of Aprile Jaj vjc nyntie six years

A1696/4/811

Act

Liberation John Turring

Anent the petition given in to the Lords of his majesties privie Councill by John Turring Sheuing That the petitioner being apprehended six weeks agoe by a party as he was Coming on his road from Preston-pans And therafter examined by Leivtennant Collonell Bruce was by him committed prisoner to the Cannongate tolbooth wher he hath Continoued ever since in Great misirie He therfore beggs their Lordships would be pleased to hear a short deduction of his Circumstances which in short That before the Revolution He served in a military station And therafter having gone to the Bass was by the articles of Capitulation Liberat And by vertue of the same Choosed to stay at home in the kingdome of Scotland wher he still Lived peacably and quietly under the Government and that he is so farr from troubling or molesting the government That he offered his service in his Majesties troops of Guairds And is still ready to serve in that station In respect that hitherto he hath still served in Cavilry And therfore humbly Craving their Lordships to take the premisses into their Consideratione And to Cause sett the petitioner at Libertie free of house dues or to Grant him ane aliment wherby he may be able to subsist during his Imprisonment as the said petitione bears The saids Lords of his Majesties privie Councell Having Considered this petition given in to them by the above John Turring They heirby Give order and warrand to the Baillies of the Cannongate and Keeper of their tolbooth To sett the petitioner furth therof In respect he hath suorne and signed the oath of alleadgance and signed the assurance appointed to his Majestie King William by Act of parliament In presence of Baillie Dunnoon baillie of the Cannongate

1. NRS, PC1/50, 490-1.

1. NRS, PC1/50, 490-1.

Act, 15 April 1696, Edinburgh

Att Edinburgh the Fifteenth day of Aprile Jaj vjc nyntie six years

A1696/4/801

Act

Act Livingstoun of Kilsyth

Anent the petitione given in to the Lords of his Majesties privie Councell by Mr William Livingstoun of Kilsyth Sheuing That wheras the petitioner by their Lordships act of the date the sixth day of february Last In obedience to his Majesties Letter of the date the sixteenth of december Last bypast was declared to be at full and free Liberty to Goe about his Laufull affairs as any others of his Majesties Leidges upon his Giving bond and finding sufficient Cautione to Live peacably under and uith all submission to the present government and to appear before their Lordships when called for And accordingly being Cited upon the seventeenth day of March Last was Confyned to his Lodging uithin the toune of Edinburgh under the penaltie of one Thousand pounds starling if he should goe out therof To the Great prejudice both of his health and affairs And therfore Humbly Craving to the effect underwryten as the said petition bears The saids Lords of his Majesties privie Councell Having Considered the above petitione they heirby take off the sentence of Confynment pronunced against the petitioner And declares him quyte therof and free therfrae as if the samen had never been given nor pronunced In respect the petitioner hath given bond and found sufficient Cautione acted in the books of privy Councell That he shall Live peacably under and uith all submission to the present government of his majestie King William And that he shall not act Consult nor Contrive any thing in prejudice therof nor Converss or Correspond uith any rebells And that he shall appear before the saids Lords when called for under the penaltie of one thousand pounds sterling in caise he shall transgress in any pairt of the premisses And ordaines the petitioners former bond to be Given up

Att Edinburgh the Fifteenth day of Aprile Jaj vjc nyntie six years

A1696/4/801

Act

Act Livingstoun of Kilsyth

Anent the petitione given in to the Lords of his Majesties privie Councell by Mr William Livingstoun of Kilsyth Sheuing That wheras the petitioner by their Lordships act of the date the sixth day of february Last In obedience to his Majesties Letter of the date the sixteenth of december Last bypast was declared to be at full and free Liberty to Goe about his Laufull affairs as any others of his Majesties Leidges upon his Giving bond and finding sufficient Cautione to Live peacably under and uith all submission to the present government and to appear before their Lordships when called for And accordingly being Cited upon the seventeenth day of March Last was Confyned to his Lodging uithin the toune of Edinburgh under the penaltie of one Thousand pounds starling if he should goe out therof To the Great prejudice both of his health and affairs And therfore Humbly Craving to the effect underwryten as the said petition bears The saids Lords of his Majesties privie Councell Having Considered the above petitione they heirby take off the sentence of Confynment pronunced against the petitioner And declares him quyte therof and free therfrae as if the samen had never been given nor pronunced In respect the petitioner hath given bond and found sufficient Cautione acted in the books of privy Councell That he shall Live peacably under and uith all submission to the present government of his majestie King William And that he shall not act Consult nor Contrive any thing in prejudice therof nor Converss or Correspond uith any rebells And that he shall appear before the saids Lords when called for under the penaltie of one thousand pounds sterling in caise he shall transgress in any pairt of the premisses And ordaines the petitioners former bond to be Given up

1. NRS, PC1/50, 489-90.

1. NRS, PC1/50, 489-90.

Procedure, 15 April 1696, Edinburgh

Att Edinburgh the Fifteenth day of Aprile Jaj vjc nyntie six years

A1696/4/791

Procedure

The Laird of Grants report anent bonds for the peace of the Highlands brought from Invernes

The Laird of Grant acquanted the Councell That at their Lordships Command he had Called from Invernes for the bonds anent the peace which were taken by the Commission at that place for securing the peace of the Highlands and that the same are Come south and are putt in the hands of Mr. James Montgomery of Langshaw Clerk to the Criminall Court if the Counsell Have use for them

Att Edinburgh the Fifteenth day of Aprile Jaj vjc nyntie six years

A1696/4/791

Procedure

The Laird of Grants report anent bonds for the peace of the Highlands brought from Invernes

The Laird of Grant acquanted the Councell That at their Lordships Command he had Called from Invernes for the bonds anent the peace which were taken by the Commission at that place for securing the peace of the Highlands and that the same are Come south and are putt in the hands of Mr. James Montgomery of Langshaw Clerk to the Criminall Court if the Counsell Have use for them

1. NRS, PC1/50, 489.

1. NRS, PC1/50, 489.

Act, 15 April 1696, Edinburgh

Att Edinburgh the Fifteenth day of Aprile Jaj vjc nyntie six years

A1696/4/781

Act

Liberation Mr Thomas Gordoun

Anent the petitione given in to the Lords of his Majesties privie Councell by Mr Thomas Gordon Late regent at Glasgow Sheuing That the petitioner having upon the first citation come over from Aberdeen to present himself to the Councell and to renue his baile for appearance Is now by their Lordships ordained to goe to prisone and ther to Ly till farder order And seing the petitioner hes Lived peacably under the Government and given noe occasione of offence therto And that he is uilling to renue his former baile And find sufficient Caution to Live peacably in tyme Coming And to ansuer when Called And that it will very much Endainger the petitioners health and Certainly ruine his small fortune if he should Continow any tyme in prisone And therfore Humbly Craving to the effect underwryten as the said petition Bears The saids Lords of his Majesties privy Councill Having Considered this petition given in to them by the above Mr Thomas Gordon They heirby Give order and warrand to the Magistrats of Edinburgh and Keeper of their tolbooth To sett the petitioner att Libertie furth therof In respect he hath given bond and found sufficient Caution acted in the books of privy Councell That he shall Live peacably under and uith all submission to the present government of his Majesties King William And that he shall not Act Consult nor Contrive any thing in prejudice therof nor Converss or Correspond uith any rebells And that he shall appear before the Lords of his Majesties privie Councell when Called for under the penaltie of Tuo Thousand merks scotts Contained in his former bond In caise he shall transgress in any pairt of the premisses And ordaines his former bond to be Given up

Att Edinburgh the Fifteenth day of Aprile Jaj vjc nyntie six years

A1696/4/781

Act

Liberation Mr Thomas Gordoun

Anent the petitione given in to the Lords of his Majesties privie Councell by Mr Thomas Gordon Late regent at Glasgow Sheuing That the petitioner having upon the first citation come over from Aberdeen to present himself to the Councell and to renue his baile for appearance Is now by their Lordships ordained to goe to prisone and ther to Ly till farder order And seing the petitioner hes Lived peacably under the Government and given noe occasione of offence therto And that he is uilling to renue his former baile And find sufficient Caution to Live peacably in tyme Coming And to ansuer when Called And that it will very much Endainger the petitioners health and Certainly ruine his small fortune if he should Continow any tyme in prisone And therfore Humbly Craving to the effect underwryten as the said petition Bears The saids Lords of his Majesties privy Councill Having Considered this petition given in to them by the above Mr Thomas Gordon They heirby Give order and warrand to the Magistrats of Edinburgh and Keeper of their tolbooth To sett the petitioner att Libertie furth therof In respect he hath given bond and found sufficient Caution acted in the books of privy Councell That he shall Live peacably under and uith all submission to the present government of his Majesties King William And that he shall not Act Consult nor Contrive any thing in prejudice therof nor Converss or Correspond uith any rebells And that he shall appear before the Lords of his Majesties privie Councell when Called for under the penaltie of Tuo Thousand merks scotts Contained in his former bond In caise he shall transgress in any pairt of the premisses And ordaines his former bond to be Given up

1. NRS, PC1/50, 488-9.

1. NRS, PC1/50, 488-9.