Tag Archives: August

Act, 8 August 1695, Edinburgh

Posted on by

Edinburgh Thursday the 8th August 1695

D1695/8/161

Act

Act Mcguffock of Rusco

Anent the petition given in to the Lords of his Majesties privy Councill be Heugh Mcguffock of Rusco Shewing That a few of the Commissioners for the Stewartrie of Kirkcudbright (wherof the petitioner is one) Haveing without any warrant or authority Ordered Captain Samuell Livingstone in Douglass regiment to cess upon a part of the petitioners lands Called Girsting wood within the paroch of Riddick for ane alledged deficient part of a man in the Last Levie, And upon intelligence of the said Cess and quartering the petitioner made application to ther Lordships for letters to cite the Comissioners to answer to ther oppression upon grounds fully therin represented As the letters would testifie But the Compeirance being to a Certaine day And that in the mean time the quartering and Cess is not removed And Therfore humbly Supplicating the saids Lords to the effect aftermentioned as the petition bears The Lords of his Majesties privy Councill haveing Considered this petition given in to them be the above Hew Mcguffock of Rusco They hereby Appoint the partie quartered upon the petitioners land or any part of his estate for the part of a deficient man mentioned in the petition To be removed from off the same without payment of any quartering money In Respect the petitioner has given bond and found Suficient Cautione acted in the books of privy Councill That he Shall make up his part of the deficient man And Alsoe make payment of the said quartering money in case he Shall be found be the Lords of privy Councill or other Judge Competent that he ought so to doe.

Edinburgh Thursday the 8th August 1695

D1695/8/161

Act

Act Mcguffock of Rusco

Anent the petition given in to the Lords of his Majesties privy Councill be Heugh Mcguffock of Rusco Shewing That a few of the Commissioners for the Stewartrie of Kirkcudbright (wherof the petitioner is one) Haveing without any warrant or authority Ordered Captain Samuell Livingstone in Douglass regiment to cess upon a part of the petitioners lands Called Girsting wood within the paroch of Riddick for ane alledged deficient part of a man in the Last Levie, And upon intelligence of the said Cess and quartering the petitioner made application to ther Lordships for letters to cite the Comissioners to answer to ther oppression upon grounds fully therin represented As the letters would testifie But the Compeirance being to a Certaine day And that in the mean time the quartering and Cess is not removed And Therfore humbly Supplicating the saids Lords to the effect aftermentioned as the petition bears The Lords of his Majesties privy Councill haveing Considered this petition given in to them be the above Hew Mcguffock of Rusco They hereby Appoint the partie quartered upon the petitioners land or any part of his estate for the part of a deficient man mentioned in the petition To be removed from off the same without payment of any quartering money In Respect the petitioner has given bond and found Suficient Cautione acted in the books of privy Councill That he Shall make up his part of the deficient man And Alsoe make payment of the said quartering money in case he Shall be found be the Lords of privy Councill or other Judge Competent that he ought so to doe.

1. NRS, PC2/26, 12r.

1. NRS, PC2/26, 12r.

Act, 8 August 1695, Edinburgh

Posted on by

Edinburgh Thursday the 8th August 1695

D1695/8/151

Act

Act Exall and Mann against Mudie and others

Anent the petition given in to the Lords of his Majesties privy Councill be John Exall and William Mann merchants in London and John Vanfferdin merchant in Amsterdam Shewing That wher they being owners of the Ship Called the John and William of Amsterdam as appeared by the bills of sale therwith produced did in August last sett out in a voage from Amsterdam to Dubline in Ireland with a Sweeds pass and under a Dutch Convoy, But haveing one Nathaniall Smith for the petitioners skiper they were by him plainly betrayed, In so far as he haveing fallen off from the said Convoy Contrair to express orders he did fall into the hands of two French privateers was by them seized, and altho he had a Sweeds pass would needs ransom the ship, altho the owners protested against the same, and therafter haveing come into the Road of Kerstoune in Orkney, He did actually and by force seize the said vessell and dissposessed the petitioners who were the true and undoubted ouners therof by turneing a shoar the petitioner said William Mann and the other Sea men without a six pence in their pockets Wherupon they did make application to Collonell Robert Elphingstoune of Lapnes Admirall of that place and haveing Cited the said Nathaniell Smith To Compeir before the admirall Court and haveing adduced witnesses against him for what is above Represented, and for Imbazleing and disposeing of the goods and Cargo of the said ship to the value of four hundred punds Sterling all which being proven against him The said Admirall did most Justly Ordaine the said Mr Smith to be apprehended and put in Sure prison and the petitioner the said Mr Mann (who was the only owner ther upon the place) To be reponed to the possession of the said ship and goods till furder order Conforme to his Decreet therwith produced and for effectuating therof the said Admirall did Cause his oun servants assist in keeping possession to the petitioners of their ship, But whill the said ship was possessed by the said Admiralls Servants James Gordon of Carstoune did under Sillence of Night come With a boat to the said Ship and after haveing beaten the Admiralls Servants did take as many of the goods of the said Ship as the said boat Could hold And Caried the same off, yea and did resett upwards of Six Hundred Sword blades, a part of the Cargo of the said Ship Conform to his recept therwith produced But the said Admirall being apprehensive that ther might be armes aboard the said Ship And being informed that ther was Severall hundreds of Sword Conveyed a Shoar, He did therupon acquaint the saids Lords, and Craved warrand for Searching of the said ship, and Secureing of any of the saids Armes so Conveyed a Shoar if they Could be found And accordingly he haveing obtained a warrand Did Cause Secure the said Ship, And after the said ship was secured, And in possession of the said Admirall One William Mudy of Melsetter Did come aboard with a boat full of armed men, and by violence and force turned out the said Admirall his Servants and tooke possession of the Ship and goods themselves Wherupon the said Admirall Requyred the said William Mudy to deliver up the said ship to him Conform to the Councill warrand who notwithstanding therof refused either to give obedience to ther Lordships Warrand or to the admiralls said Decreet as ane instrument therwith produced would testifie But did Cary off the said ship from the road of Kerstoune to the Issland of Waise wher the said Mudy of Melsetter Still retaines her Contrair to all right And to the great prejudice of the owners. And Seing that the forsaid violence and away takeing of the said Ship and Goods Is a manifast ryot Contrair to Law, and ther Lordships express orders and the petitioners (Who are Strangers in this place) are not only most unjustly wronged and Spoilled but put to great Charges and expences and may be a mean to ruine them, If the saids Lords by their Justice and Speedy and effectuall redress doe not prevent the same, And to evidence to the saids Lords that ther was nothing in the said ship but only Twentie Six Thousand and Seventie pan-Tyles and Seven Hundred Seventie Six Sword blades and other Importable goods to the kingdome of Ireland The petitioners has therwith produced their bills of Loadning and ane declaration under the hands of Two famous merchants in Dubline And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned As the petition bears The Lords of his Majesties privy Councill haveing heard 2 the above3 petition given in to them be John Exall and William Mann merchants in London and John Vanflirden merchant in Amsteredam, With the answers mad ther to for William Mudy of Mellsetter James Gordon of Carston and Captaine Nathaniall Smith being both read and the parties being Called Compeired personally the said John Exall and William Mann And Sir James Stewart his majesties Advocat as advocat for the haill petitioners, And Sicklike Compeired Sir James Ogilvie as Advocat for the saids William Mudy James Gordon and Captain Nathaniall Smiths answerers to the said petition And The saids Lords of privy Councill haveing Considered the said petition and answers and writtes produced therwith and having at length heard the Advocats forsaids Compeiring for both parties They Decerne and Ordaine the said ship Called the John and William of Amsterdam, With the goods and Cargo to be delivered back to the saids John Exall and William Mann, And Ordaines the said Captaine Nathaniall Smith to restore and reenter them to the possession of the said ship goods and Cargo, And ordaines the Admirall and Stewart of Orkney and ther deputs to put them in the peaceable possession therof They allwayes finding Caution to make the same furth comeing to any persone who shall be found to have best right therto And Ordaines the Admirall or Stewart deput of Orkney and Zetland and ther deputs and all other Judges Competent to Seaze upon and Secure the persones of the said William Mudie James Gordon and Captain Nathaniall Smith, And in case they make any opposition to raise the Countrey for that effect, and to Comit them prisoners ay and whill they find suficient Caution to answer to the Lords of privy Councill or other Judges Competent for what shall be Laid to the above4 ther charge in this matter And Ordaines letters of horning on fiftein dayes and others to pass hereon.

Edinburgh Thursday the 8th August 1695

D1695/8/151

Act

Act Exall and Mann against Mudie and others

Anent the petition given in to the Lords of his Majesties privy Councill be John Exall and William Mann merchants in London and John Vanfferdin merchant in Amsterdam Shewing That wher they being owners of the Ship Called the John and William of Amsterdam as appeared by the bills of sale therwith produced did in August last sett out in a voage from Amsterdam to Dubline in Ireland with a Sweeds pass and under a Dutch Convoy, But haveing one Nathaniall Smith for the petitioners skiper they were by him plainly betrayed, In so far as he haveing fallen off from the said Convoy Contrair to express orders he did fall into the hands of two French privateers was by them seized, and altho he had a Sweeds pass would needs ransom the ship, altho the owners protested against the same, and therafter haveing come into the Road of Kerstoune in Orkney, He did actually and by force seize the said vessell and dissposessed the petitioners who were the true and undoubted ouners therof by turneing a shoar the petitioner said William Mann and the other Sea men without a six pence in their pockets Wherupon they did make application to Collonell Robert Elphingstoune of Lapnes Admirall of that place and haveing Cited the said Nathaniell Smith To Compeir before the admirall Court and haveing adduced witnesses against him for what is above Represented, and for Imbazleing and disposeing of the goods and Cargo of the said ship to the value of four hundred punds Sterling all which being proven against him The said Admirall did most Justly Ordaine the said Mr Smith to be apprehended and put in Sure prison and the petitioner the said Mr Mann (who was the only owner ther upon the place) To be reponed to the possession of the said ship and goods till furder order Conforme to his Decreet therwith produced and for effectuating therof the said Admirall did Cause his oun servants assist in keeping possession to the petitioners of their ship, But whill the said ship was possessed by the said Admiralls Servants James Gordon of Carstoune did under Sillence of Night come With a boat to the said Ship and after haveing beaten the Admiralls Servants did take as many of the goods of the said Ship as the said boat Could hold And Caried the same off, yea and did resett upwards of Six Hundred Sword blades, a part of the Cargo of the said Ship Conform to his recept therwith produced But the said Admirall being apprehensive that ther might be armes aboard the said Ship And being informed that ther was Severall hundreds of Sword Conveyed a Shoar, He did therupon acquaint the saids Lords, and Craved warrand for Searching of the said ship, and Secureing of any of the saids Armes so Conveyed a Shoar if they Could be found And accordingly he haveing obtained a warrand Did Cause Secure the said Ship, And after the said ship was secured, And in possession of the said Admirall One William Mudy of Melsetter Did come aboard with a boat full of armed men, and by violence and force turned out the said Admirall his Servants and tooke possession of the Ship and goods themselves Wherupon the said Admirall Requyred the said William Mudy to deliver up the said ship to him Conform to the Councill warrand who notwithstanding therof refused either to give obedience to ther Lordships Warrand or to the admiralls said Decreet as ane instrument therwith produced would testifie But did Cary off the said ship from the road of Kerstoune to the Issland of Waise wher the said Mudy of Melsetter Still retaines her Contrair to all right And to the great prejudice of the owners. And Seing that the forsaid violence and away takeing of the said Ship and Goods Is a manifast ryot Contrair to Law, and ther Lordships express orders and the petitioners (Who are Strangers in this place) are not only most unjustly wronged and Spoilled but put to great Charges and expences and may be a mean to ruine them, If the saids Lords by their Justice and Speedy and effectuall redress doe not prevent the same, And to evidence to the saids Lords that ther was nothing in the said ship but only Twentie Six Thousand and Seventie pan-Tyles and Seven Hundred Seventie Six Sword blades and other Importable goods to the kingdome of Ireland The petitioners has therwith produced their bills of Loadning and ane declaration under the hands of Two famous merchants in Dubline And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned As the petition bears The Lords of his Majesties privy Councill haveing heard 2 the above3 petition given in to them be John Exall and William Mann merchants in London and John Vanflirden merchant in Amsteredam, With the answers mad ther to for William Mudy of Mellsetter James Gordon of Carston and Captaine Nathaniall Smith being both read and the parties being Called Compeired personally the said John Exall and William Mann And Sir James Stewart his majesties Advocat as advocat for the haill petitioners, And Sicklike Compeired Sir James Ogilvie as Advocat for the saids William Mudy James Gordon and Captain Nathaniall Smiths answerers to the said petition And The saids Lords of privy Councill haveing Considered the said petition and answers and writtes produced therwith and having at length heard the Advocats forsaids Compeiring for both parties They Decerne and Ordaine the said ship Called the John and William of Amsterdam, With the goods and Cargo to be delivered back to the saids John Exall and William Mann, And Ordaines the said Captaine Nathaniall Smith to restore and reenter them to the possession of the said ship goods and Cargo, And ordaines the Admirall and Stewart of Orkney and ther deputs to put them in the peaceable possession therof They allwayes finding Caution to make the same furth comeing to any persone who shall be found to have best right therto And Ordaines the Admirall or Stewart deput of Orkney and Zetland and ther deputs and all other Judges Competent to Seaze upon and Secure the persones of the said William Mudie James Gordon and Captain Nathaniall Smith, And in case they make any opposition to raise the Countrey for that effect, and to Comit them prisoners ay and whill they find suficient Caution to answer to the Lords of privy Councill or other Judges Competent for what shall be Laid to the above4 ther charge in this matter And Ordaines letters of horning on fiftein dayes and others to pass hereon.

1. NRS, PC2/26, 10r-12r.

2. The word ‘a’ scored out here.

3. The words ‘the above’ are an insertion.

4. The words ‘the above’ are an insertion.

1. NRS, PC2/26, 10r-12r.

2. The word ‘a’ scored out here.

3. The words ‘the above’ are an insertion.

4. The words ‘the above’ are an insertion.

Judicial Proceeding, 8 August 1695, Edinburgh

Posted on by

Edinburgh Thursday the 8th August 1695

D1695/8/141

Judicial Proceeding

Intorloquitor Leitch Against The Magistrats of Bruntisland

Anent The letters or Complaint raised and pursued before the Lords of his majesties privy Councill at the instance of Alexander Leitch Flesher burges of Bruntisland and Jannet Weymes his Spouse with Concourse of Sir James Stewart his majesties Advocat for his highnes intrest in the matter underwritten Makeing Mention That wher albeit the Seizing of the Leidges and giveing them over to the Souldiers and the beating and abuseing of their persones especially women bigg with Child and oppressing and famillies are Crymes of a high nature and Severly punishable Yet Nevertheless True It is That the said Alexander being a freeman burges of the said Toune of Bruntisland and Living within the said burgh when the late Levies were Levied The said pursuer payed his proportione of the outreik of the saids Levies As the other inhabitants of the said burgh yet Walter Adam Chapman and Hew Ross Innkeeper of the said burgh Did most unjustly Seize upon and Incarcerat the said pursuer within the Tolbooth of Bruntisland upon the said Fourth or Fifth dayes of February or march or one or other of the dayes of the said moneths wher they detained the said pursuer prisoner in a most Sterving Condition for the space of Eleven dayes without so much as one Cup of Cold watter And Therafter John Rutherfoord and James Andersone late baillies of the said burgh and John Cowie late Deacon Conveener ther did by force Cause Cary the said pursuer under ane guard of horssmen to the toune of Stirling And Delivered him to Major Arnot as one of the present Levie after the said pursuer had duely payed his proportion for the outreik of a man as the rest of the inhabitants of the toune as said is Wherby the said Alexander Leitch pursuer have ever been detained as ane Souldier Since that time, And not satisfied with his Malitious maltreatment of the said pursuers persone The said Walter Adam did most inhumanly beat and Strick the pursuers said spouse with a great Bung whill She was bigg with Child untill he lamed her in the arme and left many blac and bleu marks upon her body and Caused her Shortly therafter to part with the2 Child which was in her belly And that without any provocation but modestly Requyreing that he and the persones forsaids would restore the said pursuer her husband unto her that he might provyde for the Supply of her and the poor Cheldrein whom the saids Walter and remanent persones forsaids have brought to a misserable Conditione And the saids persones have so distressed the pursuers poor wife and Cheldrein that they have forced them to depone out of the said Toune wher the mother was making Some honest shift for the Childreen and both the mother and Cheldreen are lying upon the said pursuer in a misserable and almost Sterveing Conditione haveing nothing to mantaine them upon But the subsistance allowed to him as a Single foot Souldier Wherby it may evidently appear to the saids Lords of privy Councill They are guilty of ane high and manifast Ryot and oppression And Therfore the fornamed persones ought not only to be decerned to make payment to the said pursuer of the sum of […] for Coast Skaith and damnadge sustianed by him and his said wife throw her parting with a Child the hurt of her arme and the Seizing and Imprisoning the said pursuers persone and other injuries and oppressiones as said is but likewayes the said pursuer ought to be declared by the saids Lords Sentance free from being a Souldier and all to goe home to follow his Imployment for releif of his wife and poor Cheldreen and the said persones above Complained upon ought and Should be discharged to trouble or molest the said pursuer or his familly at any time heirafter And Otherwayes punished in their persons and goods to the terror of others to doe the like in time comeing And Anent the Charge given to the saids defenders To have Compeired personally befor the saids Lords at ane Certaine day now bygone To have answered to the forsaid Complaint And to have heard and Seen such order and Course taken theranent as appertaines under the paine of Rebellion and puting of them to the honre With Certificatione etc As in the principall Lybell or letters of Complaint raised in the said matter with the executiones therof at more length is Contained Which Lybell or letters of Complaint Being this day Called in presence of the Lords of his Majesties privy Councill, And the said Alexander Leitch being absent and Jannet Weymes his Spouse Compeiring personally with Sir James Ogilvie her Advocat And Hew Ross John Rutherfoord and James Andersone thrie of the defenders Compeiring personally and Walter Adam and John Ogilvie the other two defenders being ofttimes Called and not Compeiring And Mr William Calderwood Advocat Compeiring as procurator for the haill defenders, The Lybell and answers therto read and both parties advocats fully heard The Saids Lords of privy Councill doe heirby Recomend to the Lord Hatton and the provest of Edinburgh To hear both parties in this matter and to examine the witnesses cited and to advyse the depositiones and probatione And to determine and Decerne in the haill matter as they shall find Just without necessity of makeing any report to the Councill.

Edinburgh Thursday the 8th August 1695

D1695/8/141

Judicial Proceeding

Intorloquitor Leitch Against The Magistrats of Bruntisland

Anent The letters or Complaint raised and pursued before the Lords of his majesties privy Councill at the instance of Alexander Leitch Flesher burges of Bruntisland and Jannet Weymes his Spouse with Concourse of Sir James Stewart his majesties Advocat for his highnes intrest in the matter underwritten Makeing Mention That wher albeit the Seizing of the Leidges and giveing them over to the Souldiers and the beating and abuseing of their persones especially women bigg with Child and oppressing and famillies are Crymes of a high nature and Severly punishable Yet Nevertheless True It is That the said Alexander being a freeman burges of the said Toune of Bruntisland and Living within the said burgh when the late Levies were Levied The said pursuer payed his proportione of the outreik of the saids Levies As the other inhabitants of the said burgh yet Walter Adam Chapman and Hew Ross Innkeeper of the said burgh Did most unjustly Seize upon and Incarcerat the said pursuer within the Tolbooth of Bruntisland upon the said Fourth or Fifth dayes of February or march or one or other of the dayes of the said moneths wher they detained the said pursuer prisoner in a most Sterving Condition for the space of Eleven dayes without so much as one Cup of Cold watter And Therafter John Rutherfoord and James Andersone late baillies of the said burgh and John Cowie late Deacon Conveener ther did by force Cause Cary the said pursuer under ane guard of horssmen to the toune of Stirling And Delivered him to Major Arnot as one of the present Levie after the said pursuer had duely payed his proportion for the outreik of a man as the rest of the inhabitants of the toune as said is Wherby the said Alexander Leitch pursuer have ever been detained as ane Souldier Since that time, And not satisfied with his Malitious maltreatment of the said pursuers persone The said Walter Adam did most inhumanly beat and Strick the pursuers said spouse with a great Bung whill She was bigg with Child untill he lamed her in the arme and left many blac and bleu marks upon her body and Caused her Shortly therafter to part with the2 Child which was in her belly And that without any provocation but modestly Requyreing that he and the persones forsaids would restore the said pursuer her husband unto her that he might provyde for the Supply of her and the poor Cheldrein whom the saids Walter and remanent persones forsaids have brought to a misserable Conditione And the saids persones have so distressed the pursuers poor wife and Cheldrein that they have forced them to depone out of the said Toune wher the mother was making Some honest shift for the Childreen and both the mother and Cheldreen are lying upon the said pursuer in a misserable and almost Sterveing Conditione haveing nothing to mantaine them upon But the subsistance allowed to him as a Single foot Souldier Wherby it may evidently appear to the saids Lords of privy Councill They are guilty of ane high and manifast Ryot and oppression And Therfore the fornamed persones ought not only to be decerned to make payment to the said pursuer of the sum of […] for Coast Skaith and damnadge sustianed by him and his said wife throw her parting with a Child the hurt of her arme and the Seizing and Imprisoning the said pursuers persone and other injuries and oppressiones as said is but likewayes the said pursuer ought to be declared by the saids Lords Sentance free from being a Souldier and all to goe home to follow his Imployment for releif of his wife and poor Cheldreen and the said persones above Complained upon ought and Should be discharged to trouble or molest the said pursuer or his familly at any time heirafter And Otherwayes punished in their persons and goods to the terror of others to doe the like in time comeing And Anent the Charge given to the saids defenders To have Compeired personally befor the saids Lords at ane Certaine day now bygone To have answered to the forsaid Complaint And to have heard and Seen such order and Course taken theranent as appertaines under the paine of Rebellion and puting of them to the honre With Certificatione etc As in the principall Lybell or letters of Complaint raised in the said matter with the executiones therof at more length is Contained Which Lybell or letters of Complaint Being this day Called in presence of the Lords of his Majesties privy Councill, And the said Alexander Leitch being absent and Jannet Weymes his Spouse Compeiring personally with Sir James Ogilvie her Advocat And Hew Ross John Rutherfoord and James Andersone thrie of the defenders Compeiring personally and Walter Adam and John Ogilvie the other two defenders being ofttimes Called and not Compeiring And Mr William Calderwood Advocat Compeiring as procurator for the haill defenders, The Lybell and answers therto read and both parties advocats fully heard The Saids Lords of privy Councill doe heirby Recomend to the Lord Hatton and the provest of Edinburgh To hear both parties in this matter and to examine the witnesses cited and to advyse the depositiones and probatione And to determine and Decerne in the haill matter as they shall find Just without necessity of makeing any report to the Councill.

1. NRS, PC2/26, 9r-10r.

2. Insertion.

1. NRS, PC2/26, 9r-10r.

2. Insertion.

Act, 8 August 1695, Edinburgh

Posted on by

Edinburgh Thursday the 8th August 1695

D1695/8/131

Act

Act Mr David Lyon for takeing the oathes

Anent the petition given in to the Lords of his Majesties privy Councill be Mr David Lyon writter to the Signet Shewing That the petitioner being a writter to the Signet did obtaine a Commission from his Majestie in Anno Jaj vic nyntie to be Commisser of Brichen and therafter Resolveing to officiat in person in that office the petitioner did leave Edinburgh in January Jaj vic Nyntie thrie or therabout and when the writters to the Signet and other members of the Collodge of Justice did take the oath of alledgance and Subscrybe the assurance before the Lords of Session as they were appointed by act of parliament The petitioner was then at Brichen attending his office ther and not Judging it absolutly necessary to come to Edinburgh at that time being then doubtfull if ever he should returne to his Imployment ther The petitioner did take the oath of alledgance and Subscrybe the assurance before the Baillies of Brichen in the quality of a nottar only Conforme to the act of Parliament as is reported by them to their Lordships And this being (as it is humbly Conceaved) no wilfull disobedience to the Law Seing the petitioner hade qualified himself not only before their Lordships when he entered to the office of Comissar of Brichen But likewayes therafter before the Baillies as said is It was hoped ther Lordships would yet allow petitioner to take the oath of alledgance and Subscrybe the assurance in the qualitie of a writter to the Signet before one of their number to the effect the petitioner may returne to his Imployment in the Station And Therfore Humbly Craveing the Saids Lords would appoint one of their number to Administrat the oath of alledgance and assurance to the petitioner in the quality of a writter to his majesties Signett to the effect he might returne to his Imployment in that Station Seing ther has been no wilfull disobedience to the Law Comitted by him as said is, as the said petition bears The Lords of his majesties privy Councill haveing Considered this petition given in to them be the above Mr David Lyon They heirby Give Warrand and Commission to any one of their Lordships number to administrat the oath of alledgance and assurance to the petitioner in the qualitie of a writter to the signet to the effect he may returne to his Imploy in that Station:
The oath of alledgance and assurance taken heiron and Lying among this given in Since Jully 1693: Sig: 72.

Edinburgh Thursday the 8th August 1695

D1695/8/131

Act

Act Mr David Lyon for takeing the oathes

Anent the petition given in to the Lords of his Majesties privy Councill be Mr David Lyon writter to the Signet Shewing That the petitioner being a writter to the Signet did obtaine a Commission from his Majestie in Anno Jaj vic nyntie to be Commisser of Brichen and therafter Resolveing to officiat in person in that office the petitioner did leave Edinburgh in January Jaj vic Nyntie thrie or therabout and when the writters to the Signet and other members of the Collodge of Justice did take the oath of alledgance and Subscrybe the assurance before the Lords of Session as they were appointed by act of parliament The petitioner was then at Brichen attending his office ther and not Judging it absolutly necessary to come to Edinburgh at that time being then doubtfull if ever he should returne to his Imployment ther The petitioner did take the oath of alledgance and Subscrybe the assurance before the Baillies of Brichen in the quality of a nottar only Conforme to the act of Parliament as is reported by them to their Lordships And this being (as it is humbly Conceaved) no wilfull disobedience to the Law Seing the petitioner hade qualified himself not only before their Lordships when he entered to the office of Comissar of Brichen But likewayes therafter before the Baillies as said is It was hoped ther Lordships would yet allow petitioner to take the oath of alledgance and Subscrybe the assurance in the qualitie of a writter to the Signet before one of their number to the effect the petitioner may returne to his Imployment in the Station And Therfore Humbly Craveing the Saids Lords would appoint one of their number to Administrat the oath of alledgance and assurance to the petitioner in the quality of a writter to his majesties Signett to the effect he might returne to his Imployment in that Station Seing ther has been no wilfull disobedience to the Law Comitted by him as said is, as the said petition bears The Lords of his majesties privy Councill haveing Considered this petition given in to them be the above Mr David Lyon They heirby Give Warrand and Commission to any one of their Lordships number to administrat the oath of alledgance and assurance to the petitioner in the qualitie of a writter to the signet to the effect he may returne to his Imploy in that Station:
The oath of alledgance and assurance taken heiron and Lying among this given in Since Jully 1693: Sig: 72.

1. NRS, PC2/26, 8r-8v.

1. NRS, PC2/26, 8r-8v.

Act, 8 August 1695, Edinburgh

Posted on by

Edinburgh Thursday the 8th August 1695

D1695/8/121

Act

Act The heritors of the paroch of Leuchars

Anent a Petition given in to the Lords of his Majesties privy Councill be the Heritors of the paroch of Leuchars under subscrybeing and elders of the Session therof Shewing That Wheras Mr George Gordon was called to the Church of Leuchars in the Moneth of Feburary last past, And sometime therafter was ordained minister therof dureing which intervale The parish of Leuchars was frequently Supplied by the said Mr George his Ministrie, That altho his Admission to the Church was not so peremptorly at the terme of Whitsunday yet the great part of the Supply of preaching was afforded by him for a Considerable time And Therfor Humbly Craveing the saids Lords would be pleased to Consider the Circumstances of the said Mr Gordon their Minister being a Stranger late returned into this kingdome with his wife and Childrein That ther Lordships would be pleased to Grant Warrants to him to uplift the whole stipend Jaj vic Nyntie five And What arrerirs are resting undisposed of former years as the petition bears The Lords of his Majesties privy Councill Having Considered this petition given in to them be the heritors of the paroch of Lewchars and elders of the Session thereof They heirby allow Mr George Gordon minister at the said Kirk the stipend thereof for the whole Cropt and year of God Jaj vic Nyntie five, And also allowes him to uplift what areirs of former years of the said stipend are yet resting undisposed of by the saids Lords And ordaines him to be readily answered and obeyed thereof be the heritors Fewers wodsetters lifrenters fermors titullars tackmen of teynds tennents possessors and others Lyable in payment of the saids stipends the termes of payment of the samen being allwayes first come and bygone upon production of a Decreet of Locality, And incase ther be non ordaines the heritors and others forsaids to make payment of their respective proportions thereof According as they shall be Decerned by the Judge ordinary In Respect that he has instructed that he has sworne and signed the oath of alledgance and signed the assurance to his Majestie King William.

Edinburgh Thursday the 8th August 1695

D1695/8/121

Act

Act The heritors of the paroch of Leuchars

Anent a Petition given in to the Lords of his Majesties privy Councill be the Heritors of the paroch of Leuchars under subscrybeing and elders of the Session therof Shewing That Wheras Mr George Gordon was called to the Church of Leuchars in the Moneth of Feburary last past, And sometime therafter was ordained minister therof dureing which intervale The parish of Leuchars was frequently Supplied by the said Mr George his Ministrie, That altho his Admission to the Church was not so peremptorly at the terme of Whitsunday yet the great part of the Supply of preaching was afforded by him for a Considerable time And Therfor Humbly Craveing the saids Lords would be pleased to Consider the Circumstances of the said Mr Gordon their Minister being a Stranger late returned into this kingdome with his wife and Childrein That ther Lordships would be pleased to Grant Warrants to him to uplift the whole stipend Jaj vic Nyntie five And What arrerirs are resting undisposed of former years as the petition bears The Lords of his Majesties privy Councill Having Considered this petition given in to them be the heritors of the paroch of Lewchars and elders of the Session thereof They heirby allow Mr George Gordon minister at the said Kirk the stipend thereof for the whole Cropt and year of God Jaj vic Nyntie five, And also allowes him to uplift what areirs of former years of the said stipend are yet resting undisposed of by the saids Lords And ordaines him to be readily answered and obeyed thereof be the heritors Fewers wodsetters lifrenters fermors titullars tackmen of teynds tennents possessors and others Lyable in payment of the saids stipends the termes of payment of the samen being allwayes first come and bygone upon production of a Decreet of Locality, And incase ther be non ordaines the heritors and others forsaids to make payment of their respective proportions thereof According as they shall be Decerned by the Judge ordinary In Respect that he has instructed that he has sworne and signed the oath of alledgance and signed the assurance to his Majestie King William.

1. NRS, PC2/26, 7v-8r.

1. NRS, PC2/26, 7v-8r.

Act, 8 August 1695, Edinburgh

Posted on by

Edinburgh Thursday the 8th August 1695

D1695/8/111

Act

Act Blair and others anent Bullion

Anent the petition given in to the Lords of his Majesties privy Councill be Hew Blair merchant in Edinburgh for himself and in name of the rest of the merchants of Edinburgh Shewing That Forasmuchas by the twentie fourth act parliament Jaj vic Eightie Six the Generall and Master of his Majesties Mint are expressly oblidged to accept of 2 Enter and Coyne such quantities of Bullion as shall be brought in to his Majesties Mint by the merchants or others under the penaltie of being deprived of their offices Nevertheless albeit the petitioners have provyded made offer of Sundrie quantities of Bullion to be Coyned in the termes of the said act Yet they refuse to accept and take in the same And therby have incurred the Certificatione in the act of parliament if they shall persist in the said refuseall and do Likewayes take upon them to preferr some particular persons by takeing in the bullion offered by them with great partiallity and prejudice to the petitioners And Therfore humbly Craveing the saids Lords to ordaine the Generall Master of the Mint to receive in the Bullion that shall be offered be the petitioners and to Coyne the Same in the Current money in the termes and under the Certifications contained in the forsaid act of parliament as the petition bears The Lords of his Majesties privy Councill Having Considered this petition given in to them be the above Hew Blair, and merchants in Edinburgh They heirby Ordaine the Generall and master of his majesties Mint to receive in the bullion as it has been or shall be offered to his majesties mint without preferring any person before another But in the precise termes of the act of Parliament anent the mint under the Certificationes and penaltie therin contained.

Edinburgh Thursday the 8th August 1695

D1695/8/111

Act

Act Blair and others anent Bullion

Anent the petition given in to the Lords of his Majesties privy Councill be Hew Blair merchant in Edinburgh for himself and in name of the rest of the merchants of Edinburgh Shewing That Forasmuchas by the twentie fourth act parliament Jaj vic Eightie Six the Generall and Master of his Majesties Mint are expressly oblidged to accept of 2 Enter and Coyne such quantities of Bullion as shall be brought in to his Majesties Mint by the merchants or others under the penaltie of being deprived of their offices Nevertheless albeit the petitioners have provyded made offer of Sundrie quantities of Bullion to be Coyned in the termes of the said act Yet they refuse to accept and take in the same And therby have incurred the Certificatione in the act of parliament if they shall persist in the said refuseall and do Likewayes take upon them to preferr some particular persons by takeing in the bullion offered by them with great partiallity and prejudice to the petitioners And Therfore humbly Craveing the saids Lords to ordaine the Generall Master of the Mint to receive in the Bullion that shall be offered be the petitioners and to Coyne the Same in the Current money in the termes and under the Certifications contained in the forsaid act of parliament as the petition bears The Lords of his Majesties privy Councill Having Considered this petition given in to them be the above Hew Blair, and merchants in Edinburgh They heirby Ordaine the Generall and master of his majesties Mint to receive in the bullion as it has been or shall be offered to his majesties mint without preferring any person before another But in the precise termes of the act of Parliament anent the mint under the Certificationes and penaltie therin contained.

1. NRS, PC2/26, 7r-7v.

2. The words ‘the Entering Coyne’ scored out here.

1. NRS, PC2/26, 7r-7v.

2. The words ‘the Entering Coyne’ scored out here.

Act, 8 August 1695, Edinburgh

Posted on by

Edinburgh Thursday the 8th August 1695

D1695/8/101

Act

Act John Willisone

Anent the petition given in to the Lords of his Majesties privy Councill be John Willison writter in Edinburgh Shewing That where upon a former petition given in to their Lordships in name of William Callander sone to the deceast Lodovick Callander of Dowater The saids Lords were pleased by their delyverance of the twentie fourth of Jannuary last To appoint the haill wrytes which belonged to the said defunct to be sequestrate and the Chists Cabinets and others wherin the Samen Lye to be sealled which accordingly is don As to which It is humbly represented to the saids Lords That the forsaid Sequestrated was procured efficiously by the means of John Callander of Craigforth in the absence of the saids William Callander without his allowance or Consent who since his returne to Scotland has not only ratified the bond of Taylie hade by his father in favors of the petitioners sone; But also by a paper apart of the twentie Eight of January last Has past from and Disclamed the forsaid petition and act of Sequestration and Consented that the haill writtes and evidents which belonged to his father should be intromitted with be the petitioner for the use and behoove of his sone as his Consent therwith produced bears as also has severall times Since Disclaimed the forsaid petition vita voce to his Majesties advocat And Therfore humbly Craving the saids Lords would be pleased to take of the forsaid Sequestration and give warrand to the petitioner to remove the sealls and use and dispose of the saids papers for the behoove of his said Son Conform to his right therto Which petition being Read in presence of the saids Lords They Recomended to his majesties advocat to Call for the petitioner and examine him anent the disposition made be the deceast Lodovick Callander of Dorrater to the petitioners son his Grand Child of the estate of Callander and to report his opinion in this matter to the Councill with his first Conveniencie Conforme therto the said Lord Advocat haveing Called before him the said John Willisone and taken his oath and deposition He made his report Which being this day advysed be the saids Lords of privy Councill They hereby take off the sequestration of the wrytes and Grants warrand to remove the sealls and leaves to the parties concerned to pursue ther intrests before the Judge ordinar as accords.

Edinburgh Thursday the 8th August 1695

D1695/8/101

Act

Act John Willisone

Anent the petition given in to the Lords of his Majesties privy Councill be John Willison writter in Edinburgh Shewing That where upon a former petition given in to their Lordships in name of William Callander sone to the deceast Lodovick Callander of Dowater The saids Lords were pleased by their delyverance of the twentie fourth of Jannuary last To appoint the haill wrytes which belonged to the said defunct to be sequestrate and the Chists Cabinets and others wherin the Samen Lye to be sealled which accordingly is don As to which It is humbly represented to the saids Lords That the forsaid Sequestrated was procured efficiously by the means of John Callander of Craigforth in the absence of the saids William Callander without his allowance or Consent who since his returne to Scotland has not only ratified the bond of Taylie hade by his father in favors of the petitioners sone; But also by a paper apart of the twentie Eight of January last Has past from and Disclamed the forsaid petition and act of Sequestration and Consented that the haill writtes and evidents which belonged to his father should be intromitted with be the petitioner for the use and behoove of his sone as his Consent therwith produced bears as also has severall times Since Disclaimed the forsaid petition vita voce to his Majesties advocat And Therfore humbly Craving the saids Lords would be pleased to take of the forsaid Sequestration and give warrand to the petitioner to remove the sealls and use and dispose of the saids papers for the behoove of his said Son Conform to his right therto Which petition being Read in presence of the saids Lords They Recomended to his majesties advocat to Call for the petitioner and examine him anent the disposition made be the deceast Lodovick Callander of Dorrater to the petitioners son his Grand Child of the estate of Callander and to report his opinion in this matter to the Councill with his first Conveniencie Conforme therto the said Lord Advocat haveing Called before him the said John Willisone and taken his oath and deposition He made his report Which being this day advysed be the saids Lords of privy Councill They hereby take off the sequestration of the wrytes and Grants warrand to remove the sealls and leaves to the parties concerned to pursue ther intrests before the Judge ordinar as accords.

1. NRS, PC2/26, 6v-7r.

1. NRS, PC2/26, 6v-7r.

Sederunt, 8 August 1695, Edinburgh

Posted on by

Edinburgh Thursday the 8th August 16951

D1695/8/92

Sederunt

Lord Chancelor; Earl of Melvill p: Seall; Duke of Queensberry; Earl of Morton; Earl of Cassills; Earl of Leven; Earl of Forfar; Lord Yester; Lord Beilhaven; Lord Polwarth; Mr Johnston Secretary; Lord Advocat; Lord Hatton; Laird of Grant; Laird of Blackbarrony; Sir George Campbell; Sir Robert Cheisly

Edinburgh Thursday the 8th August 16951

D1695/8/92

Sederunt

Lord Chancelor; Earl of Melvill p: Seall; Duke of Queensberry; Earl of Morton; Earl of Cassills; Earl of Leven; Earl of Forfar; Lord Yester; Lord Beilhaven; Lord Polwarth; Mr Johnston Secretary; Lord Advocat; Lord Hatton; Laird of Grant; Laird of Blackbarrony; Sir George Campbell; Sir Robert Cheisly

1. NRS, PC2/26, 6v.

2. NRS, PC2/26, 6v.

1. NRS, PC2/26, 6v.

2. NRS, PC2/26, 6v.

Procedure, 6 August 1695, Edinburgh

Posted on by

Edinburgh Tuesday the 6th August 1695

D1695/8/81

Procedure

Recommendation anent accompts resting to the Inhabitants of the Western division of Ross

The Lords of his Majesties privy Councill Considering That at the Adviseing of the report of accompts resting to the heritors ten rents and other Inhabitants within the western division of the shire of Ross upon the Twentie fifth day of Jully last They have Recommended to the Commissioners of parliament appointed anent the pole money To Cause make payment to the saids heritors tennents and others forsaids of the said Western Division of Ross of the sum of Two Thousand six hundreth and sixtie two punds one shilling scots as resting be his majesties forces and Garrisones upon Scots pay and that out of the polemoney Deduceing from the said sum the sumes following Viz Two hundreth Fourtie four punds twentie Shilling Eight penies Scots furnished to the Garison of Brachan and two hundred sixtie five punds one shilling four penies Scots furnished to the Garison of Cultaleod, Which two soumes They Refused to allow, unles it were Condescended upon and proven what Scots forces were in these Garrisones and hou much was furnished to each regiment or troupe And the saids Lords haveing seen and Considered a testificat produced to them this day Subscrybed be two of the Commissioners of Supply within the said shyre of Ross Declaireing that Captain William Mckay his independent Company keep Garrison in the said Castle of Cultaleod and that Ballnagouns independent Company keeped Garrison in Brachan Castle, and that ther were no other forces quartered in these Garrisones after their removeall They heirby Recommend to the saids Commissioners of parliament appointed anent the pole money To Cause make payment to the saids heritors tenents and others forsaids of the said sum of Two Thousand six hundereth and sixtie two punds one Shilling Scots without deduction of any of the said two sums formerly appointed to be deduced thereby.

Edinburgh Tuesday the 6th August 1695

D1695/8/81

Procedure

Recommendation anent accompts resting to the Inhabitants of the Western division of Ross

The Lords of his Majesties privy Councill Considering That at the Adviseing of the report of accompts resting to the heritors ten rents and other Inhabitants within the western division of the shire of Ross upon the Twentie fifth day of Jully last They have Recommended to the Commissioners of parliament appointed anent the pole money To Cause make payment to the saids heritors tennents and others forsaids of the said Western Division of Ross of the sum of Two Thousand six hundreth and sixtie two punds one shilling scots as resting be his majesties forces and Garrisones upon Scots pay and that out of the polemoney Deduceing from the said sum the sumes following Viz Two hundreth Fourtie four punds twentie Shilling Eight penies Scots furnished to the Garison of Brachan and two hundred sixtie five punds one shilling four penies Scots furnished to the Garison of Cultaleod, Which two soumes They Refused to allow, unles it were Condescended upon and proven what Scots forces were in these Garrisones and hou much was furnished to each regiment or troupe And the saids Lords haveing seen and Considered a testificat produced to them this day Subscrybed be two of the Commissioners of Supply within the said shyre of Ross Declaireing that Captain William Mckay his independent Company keep Garrison in the said Castle of Cultaleod and that Ballnagouns independent Company keeped Garrison in Brachan Castle, and that ther were no other forces quartered in these Garrisones after their removeall They heirby Recommend to the saids Commissioners of parliament appointed anent the pole money To Cause make payment to the saids heritors tenents and others forsaids of the said sum of Two Thousand six hundereth and sixtie two punds one Shilling Scots without deduction of any of the said two sums formerly appointed to be deduced thereby.

1. NRS, PC2/26, 6r-6v.

1. NRS, PC2/26, 6r-6v.

Procedure, 6 August 1695, Edinburgh

Posted on by

Edinburgh Tuesday the 6th August 1695

D1695/8/71

Procedure

Recomendation The late Bishope of Ross

Anent the petition given in to the Lords of his Majesties privy Councill be James Late Bishop of Ross and his Spouse Shewing That wheras the petitioners Sustained a Considerable Loss in the year Jaj vic Eightie Nyne and Jaj vic Nyntie which was proved befor the Commissioners of the Shyre And Conform to the act of Councill was transmitted to the honorable board who Comitted the same to two of their number, Which Committie did approve of the probation and referred the same to the full Councill, And Considering that for greater affairs nothing has been don towards the payment of the saids Losses and being informed that ther is a designe to diminish these Losses even as they stand proved And now the petitioners besides ther age being visited with Long Continued Sickness, Which threatens not to allow them the Continuance of life To the time can be expyred that some have designed for procureing their payment And Therfore humbly Desireing the saids Lords would take the premises to their Consideration And seing the noise of this is gone abroad and hinders the kyndnes of others who trusted to their supply out of that which was Expected upon Consideration of these Losses ther Lordships would appoint a speedy and Compleat payment of all the forsaid Losses As the petition bears The Lords of his Majesties privy Councill having Considered this petition given in to them be the late Bishop of Ross and his spouse, They hereby Recommend to the Lords Commissioners of his Majesties thesaury to cause payment be made to the petitioners of that part of the Sums Contained in the Comittie of Councills report and Recommendation of Councill following theron Which is not therby appoynted to be payed out of the polemoney, and that out of such fonds as the saids Lords Shall think fitt.

Edinburgh Tuesday the 6th August 1695

D1695/8/71

Procedure

Recomendation The late Bishope of Ross

Anent the petition given in to the Lords of his Majesties privy Councill be James Late Bishop of Ross and his Spouse Shewing That wheras the petitioners Sustained a Considerable Loss in the year Jaj vic Eightie Nyne and Jaj vic Nyntie which was proved befor the Commissioners of the Shyre And Conform to the act of Councill was transmitted to the honorable board who Comitted the same to two of their number, Which Committie did approve of the probation and referred the same to the full Councill, And Considering that for greater affairs nothing has been don towards the payment of the saids Losses and being informed that ther is a designe to diminish these Losses even as they stand proved And now the petitioners besides ther age being visited with Long Continued Sickness, Which threatens not to allow them the Continuance of life To the time can be expyred that some have designed for procureing their payment And Therfore humbly Desireing the saids Lords would take the premises to their Consideration And seing the noise of this is gone abroad and hinders the kyndnes of others who trusted to their supply out of that which was Expected upon Consideration of these Losses ther Lordships would appoint a speedy and Compleat payment of all the forsaid Losses As the petition bears The Lords of his Majesties privy Councill having Considered this petition given in to them be the late Bishop of Ross and his spouse, They hereby Recommend to the Lords Commissioners of his Majesties thesaury to cause payment be made to the petitioners of that part of the Sums Contained in the Comittie of Councills report and Recommendation of Councill following theron Which is not therby appoynted to be payed out of the polemoney, and that out of such fonds as the saids Lords Shall think fitt.

1. NRS, PC2/26, 5v-6r.

1. NRS, PC2/26, 5v-6r.