D1695/12/24
D1695/12/242
Sederunt
Lord Chancellour; Duke of Qweensberrie; Earl of Southerland; Earl of Forfar; Lord Yester; Viscount Tarbatt; Lord Carmichael; Lord Polwarth; Lord Advocat; Lord Justiceclerk; Lord Anstruther; Laird of Blackbarronie; Laird of Stevensone; Sir George Campbell
1. NRS, PC2/26, 58r
2. NRS, PC2/26, 58r.
1. NRS, PC2/26, 58r
2. NRS, PC2/26, 58r.
D1695/12/23
D1695/12/231
Act
Anent the petitione given in to the Lords of his majesties privie Counsell be William Cannan late merchand in Whitehorne Shewing That the petitioner by the blessings of God upon his paines and wndustriousness haveing acquyred a considerable Stock wherin he bought a Small vessell and Loaded her with green Linen cloath Sklaites and Such other comodities As the Isle of man could affoord Intending by voyadge for Whitehaven in England But by contrairie wynds And great Stress of weather the said vessell was upon the third of September last Driven upon and Sand bank neer Ramsayes road the water of Dee wher She was broke in peices and the whole Cargo Loft as the petitioner did instantly verifie by wndoubted testificats prodwced with the said petitione By which sad providence the petitioner haveing Left the Stock he had in the world he his wyfe and numerows familie of childrein thowgh once in a good conditione is now necessitat for his and ther Subsistance humbly to Supplicat the saids Lords of privie Counsell in order to ther present releife And Seing it is well knowen to many as is now instructed that the petitioner was born in the parochin of Whitehorne and all his predicessors past memorie of man and wife to merchandize in the Shyre of Air and Renfrew and in Severall places of Galloway And tho the petitioner hes not bein brought into Straite either throw his negligence or misimprovement of what he possessed but allenerly throw his forsaid sad Loss wherby he and his poor familie are redacted to great extremitie And if the petitioner were allowed to collect but a Sucall thing in order to sett up againe he intends to be no furder troublesome As the said petitione bears Which petitione being this day red in presence of the saids Lords of privie Counsell And they haveing at lenth considered the same They heirby allow a voluntar contributione to be collected at the severall paroch churches within the Shyres of Air and Galloway for the Supply and releiff of the said William Cannan and his poor familie And that upon such Lords dayes as the petitioner Shall make intimatione of to the ministers within the saids two Shyres And appoints the ministers to make intimatione for the said collectione to ther parochiners upon the Lords Day imediatly preceeding that Lords Day upon which the saids collectiones shall be made
1. NRS, PC2/26, 57v-58r.
1. NRS, PC2/26, 57v-58r.
D1695/12/22
D1695/12/221
Act
Anent the petitione given in to the Lords of his majesties privie Councell be James Mcphersone of Inverinhaven Shewing That the petitioner being conveened befor the Comissioners of Justiciary at Invernes for his alleadged being gwilty actor airt or pairt of the robbing Spwllieing wrongousely intrometting with and away takeing certaine oxen cowes calfs horse Sheep and other goods pertaining to John Grant of Conmegas in May Jwne or Jullie Jaj vic eightie nyn when Dwndie was in the hills And that aither by himself Servants complices or others in his name of his causeing sending hunding out comand recept or ratihabitatione As the said lybell precept given in at the said John Grants instance with concourse of the procurator Fiscall expressly bears In the tryall of which crymes the said Comissioners of Justiciary at Invernes proceed against the petitioner in a very Singular maner In Swa far as the perseuar hath not given the petitioner a clear and distinct lybell with a list of the assaizers and wittnesses to be adduced against him But a mixed lybell both criminall and civill of purpose that the petitioner may nether know nor be able to object against the wittnesses to be adduced against him And the Laird of Grant being Shirreff of Invernes and he and the Cousines of his name (who are the kindred of John Grant of Comegas the persewar) And ther freinds and allaes make up the whole atleast the greatest number of the Comissioners who meet at Invernes from whom the petitioner did with all Submission profess that he could not expect impartiall Justice And they have alreadie comitted Iniqwitie in swa far as they have Sustained against the petitioner a lybell which is nether civill nor criminall but both And that without the formalities requyred by Law So that the petitioner could not know how to prepare to defend against it And yet he gave Due obedience to thir citatione And did appear and proponed severall relevant objectiones and defenses which the saids Comissioners Did repell And did Sumarly committ the petitioner closs prisoner to the tollbwith of Invernes and Denyed him the wse of pen and ink And the access of freinds so that the petitioner expected nothing but a Sudden executione And Seing the petitioner is content to find Sufficient2 cautione to appear befor the Lords of privie Councell or The Lords of Justiciary or any other Judicatorie to abyde a legall tryeall for what can be Laid to his charge by the said John Grant of Conmegas or any others And that any thing alleadged against him is Baleable by Law And thowgh the petitioner were gwiltie of the crymes lybelled as he is not yet he cannot be so much as persued for the Same they being alleadged to be comitted befor his Majesties Graciows Indemnitie which the petitioner could plead the benefite of if he were gwiltie haveing Swore alleadgeance and obedience to his Majestie as a legall Subject And therfor Craveing that the saids Lords would sist all furder procedour Against him by the Saids Comissioners of Justiciarie for the Highlands And ordaine the petitioner to be sett at Libertie upon his finding Sufficient cautione to abyde a legall tryall befor the saids Lords or The Lords Justice Generall Justice clerk and comissionars of Justiciarie at Edinburgh or the Lords of Counsell and Sessione for what can be Laid to his charge wnder what penaltie the saids Lords of privie Counsell Should think fitt As the said petitione bears Which petition being red in presence of the saids Lords and they haveing atlenth considered the same They heirby give order and warrand to the magestrats of Invernes and keeper of ther tollbwith to Sett the petitioner at Libertie furth therof In respect he hes found Sufficient cautione bownd in the books of privie Counsell that he Shall be transported from the said tollbwith of Invernes to the tollbwith of Edinburgh therin to remain till furder order And that betuixt and the first day of Janwary next to come wnder the penaltie of Ane Thousand pund Scotts And ordains the magestrats of Edinburgh and keeper of ther tollbwith to receave the said Mcphersone prisoner in ther tollbwith when offered And to detaine him prisoner therin till furder order
1. NRS, PC2/26, 56v-57v.
2. Written over an earlier, illegible word.
1. NRS, PC2/26, 56v-57v.
2. Written over an earlier, illegible word.
D1695/12/21
D1695/12/211
Decreet
A petitione given in be Collonell John Hill Governour of Fortwilliam at Inner Lockie for himself and the remanent officers and souldiers of his regiment Craveing the Councill would take effectuall course for that regiments pay Conforme to his majesties Letter directed to the Lords of Thesaurie in February Last ordaining this regiment to be distingwished from other regiments in ther payments And the Councell haveing considered the said petitione They heirby recommend to The Lords Comissioners of his majesties thesaurie to take course for that regiments effectuall payment of what is resting to them in tyme comeing in the termes of his majesties Letter mentioned in the said petitione
1. NRS, PC2/26, 56r.
1. NRS, PC2/26, 56r.
D1695/12/20
D1695/12/201
Warrant
The Lords of his majesties privie Counsell Doe heirby order and warrand ther clerks to give out Letters for citeing of the persones efternamed Viz Gavin Maxwell sone to Thomas Maxwell of Mylnehouse in the Southend of Kintyre a constant importer Donald Campbell brother to Danna Donald Campbell brother in Law to Killberrie Hewgh Mclean in Collgallitry John Macenin in Glasstrie Finlay Mcfinley neer to Killen in Kintyre Collin oig Maxweill in Giga John Montgomerie in Campletowne Archbald Lamond of Achagoull in Comill To ansuer for importing of Irish or other Forraigne victuall as in the lybell formerly given out against the lyke importers And also for citeing of William Hunter in Burock a baillie who refwsed to seize Irish victuall to ansuer for the same And appoints the solicitor to dispatch the saids Letters
1. NRS, PC2/26, 56r.
1. NRS, PC2/26, 56r.
D1695/12/19
D1695/12/192
Sederunt
Lord Chancellour; Duke of Qweensberrie; Earl of Southerland; Earl of Forfar; Lord Yester; Viscount Tarbat; Lord Carmichael; Lord Polwarth; Lord Advocat; Lord Justiceclerk; Lord Fountainhall; Lord Anstruther; Laird of Blackbarronie; Laird of Stevensone; Sir George Campbell; Sir Robert Cheisly provest
1. NRS, PC2/26, 56r.
2. NRS, PC2/26, 56r.
1. NRS, PC2/26, 56r.
2. NRS, PC2/26, 56r.
D1695/12/18
D1695/12/181
Act
The Lords of his majesties privie Counsell haveing considered the report of a comittie of ther owne number appointed for reviseing the accompts resting by his majesties forces to the Countrie Bearing That the comittie haveing considered the accompts given in to them be the persones efternamed within the shyre of Invernes of cornes forraged and away taken from them by the pairties efterspecified of his majesties forces with the instructiones and verificationes therof They find it proven by the report of at least two of the comissioners of assessment within the Shyre of Invernes Conforme to the depositiones of Suorn apprisers taken by the saids commissioners to the cornes in the articles following of the said accompt were forradged and away taken fra the persones efternamed by the pairties efterspecified of his majesties forces viz from James Dallas in the haugh by the forces under the comand of Major Generall Mckay at Invernes in August Jaj vic nyntie yeirs nyn bolls one firlot, two pecks victuall betuixt pease and bear and rush Item from William Frazer in the hawgh by the said forces at the tyme forsaid seven bolls victuall betuixt bear, oats and pease Item from John Baine Taillyer in the hawgh by the saids forces tyme from thrie bolls victuall betuixt bear oats pease and rye Item from William Mcintosh of Borlum and his tenents by the saids forces and tyme forsaid Ane hundereth and eight boles victuall betuixt bear oats rye muslock and pease Item from the said William be the saids forces fourtie two bolls two firlots victuall betuixt pease oats and bear Item from George Cuthbert of Castlehill and his tenents by the said forces in August Jaj vic and nyntie yeirs twentie nyn bolls victuall betuixt bear oats rye pease and muslock Item from Mr William Robertsone of Inshes and his tenents be the saids forces tyme forsaid Ane hundereth ten bolls and ane half victuall betuixt bear oats rye pease and muslock Item from William Bailie Commissioner of Invernes and Isobell Forbes his mother and ther tenents be the saids forces on the third of September Jaj vic nyntie yeirs fiftie nyn boles thrie firlots victuall more from the said William Baillie fourtie four bolls victuall betuixt oats bear and rye Item from James Bailie writer at Invernes be the saids forces the last of August and yeir of God forsaid four bolls two firlots victuall betuixt oats rye and muslock More from the Said James be the saids forces tyme forsaid thrie firlots rye Six bolls oats and two bolls pease all proven by the said James his own oath befor the Saids comissioners Item from Alexander Sqware burges in Invernes be the saids forces in the moneths of August and September forsaid Eight bolls two firlots oats two firlots bear, two firlots pease proven by oath of the said Alexander and be the oaths of appretiators, And the comittie are of opinion that the price of the haill victuall forsaid Should be ten merks Scotts per boll corne and Straw being the price and estimatione made by the comissioners in ther report And the comittie finds that the haill victuall aforsaid amounting to four hundereth and threttie five bolls thrie firlots two perks Does at the said rate of ten merks per boll extend in haill to the Soume of Two Thousand nyn hundereth and five punds Six Shilling eight pennies Scotts and the comittie Finds by a declaratione under the hands of thrie of the saids Comissioners and by severalls of the particular reports that the forces who were the tyme forsaid wnder the comand of Major Generall Mckay at Invernes and for whose wse the reports bears the cornes forsaids to have bein promiscuousely forradged uere Sir Thomas Livingstounes regiment of Dragouns Cardross regiment of Dragounes Major Stewarts troupe Lord Elphingstounes troupe, Lrod Belhavens troupe, Edinglasses troupe, in all eightein troupes wherof the two thirds viz Cardross regiment and the Saids Six independant troupes are upon the Scotts estaiblishment And the comittie are of opinion that therfor the two thirds of the forsaid Soume of Two thousand nyn hundereth and five punds Six Shilling eight pennies amounting to Ane thousand nyn hundereth and threttie Six pund Seventyne Shilling nyn pennies Should be payed out of the pole money and made furthcomeing according to the persones abovementioned ther respective interests And that qwoad the other third of the said soume amounting to nyn hundereth and Sixtie eight punds eight Shilling and eleven pennies That falls to the Share of Sir Thomas Livingstownes Dragounies which are upon the English establishment that the Same be recomended to his majestie for takeing course therwith as in his royall wisedome he Shall think fitt According to the tenor of the proclamationes anent the inbringing the accompts of the arreirs And the comittie finds the article of twelve bolls and ane half of victuall taken upon the eight of September and yeir of God forsaid from Mr Thomas Frazer minister at Doors be a pairtie of Cardross Dragounes under comand of Leivtenent Stewart that the Same is proven by the oaths of appretiators in presence of two of the comissioners of the Shyre And therfor Should affect and be payed owt of the polemoney at the rate and price of the rest of the victuall abovementioned Wherby the saids twelve bolls and a half will amount to the Soume of Ane hundereth and twentie five merks And Sicklyke the comittie finds it proven by recept under Collonell James Lesslies hand that ther is furnished by the said Isobell Forbes for the wse of the Garrisone of Invernes upon the nyntine day of June Jaj vic and nyntie yeirs fourtein bolls meall comonly estimat at ten merks per boll uide nyntie thrie punds, Six Shilling and eight pennies And that albeit by a testificat under the comissar of the armies hand for the tyme the regiments following were at that tyme The regiments following were at that tyme in garrieson ther viz The said Sir James his regiment The Laird of Grant his regiment and Sir Thomas Livingstounes regiment of Dragounes yet seing Sir James recept ordering the payment out of the first and readiest of the cess and revenwe of Scotland And to Sir James Lesslie payed all which was resting by his own regiment (as the comittie are informed) are arguments that non upon the English establishment did Share therof It is the comitties opinion that the said Isobell Should be recomended to the Thesaurie for getting a precept in order to her payment out of the pole money But the comittie repells the other article of five bolls meall furnished be the said Isobell to Captain Corbat comander of the saids detachments of the thrie Dutch regiments at Invernes in the moneth September the said yeir In respect the same is ordered to be payed be the factors for the saids Dutch regiments only but prejudice to the said Isobell of her recourse against the factor as accords As Sicklyke the comittie repells the nynth article of eightie Sheep taken from Thomas Forbes brother to the Laird of Cullodin be Collonell Bwchan his pairtie of Highlanders in august Jaj vic nyntie yeirs Estimat to ane hundereth and five pund Scots in respect the Same was plundered by the enemies to the government and but a callamitie of warr And as to the Sixth article of Sixtie two bolls one firlot victuall taken from Thomas Cheives of Mwirtoune because the report theranent is generall, mentioning the Samen to have bein taken auay in deficulty betuixt the first of June and the tuentie two of October Jaj vic and nyntie yeirs be the forces under Mckay but condescend not upon the particular dayes or moneths that it may be knowen what English or Scotts forces were ther for the tyme Therfor it is the opinion of the comittie that the Same cannot be alloued the first the particular tyme at which and for who did forradge and take the Same be condescended on And repells the article anent Alexander Sqwares two mears and a horse because non constat be the report what troupe or regiment did take the Same from him And the comittie finds the eightein article nyn hundereth and threttie four punds Scots as price of cows and others furnished to the armie under major generall Mckay in Jully Jaj vic nyntie yeirs Sufficiently verified by the said major generells recept and ane act of privie councell dated the tenth of february Jaj vic and nyntie one yeirs appointing the same to be payed to John Mcphersone of Dalrudie and others therinmentioned Out of the thrie moneths Supply and hearth money Therfor and in respect of the oaths of the saids persones upon the eleventh day of March Jaj vic nyntie five yeirs taken befor two of the comissioners of the shyre that no pairt of the Said Soume was payed It is the comittie opinion that the said Same Should be payed out of the polemoney As the said report bears The Saids Lords of Privie Counsell heirby approve of the said report and recomends to the comissioners of parliament appointed anent the polemoney imposed in anno Jaj vic nyntie thrie to cause make payment Out of the said polemoney to the persones forsaids and uthers particularly mentioned in the report of the Soumes which are by the comittie appointed to be payed out of the polemoney Extending altogither in haill To the Soume of Thrie Thowsand Fourtie Seven punds Eleven Shilling one pennies Scotts each persone accord to his or her respective proportiones particularly Sett Downe and exprest in the said report.
1. NRS, PC2/26, 54v-55v.
1. NRS, PC2/26, 54v-55v.
D1695/12/17
D1695/12/171
Act
The Lords of his majesties privie Counsell haveing considered the report of a comittie of ther own number appointed for reviseing the accompts resting be his Majesties forces to the Countrie Beareing that the comittie have Sein and considered a recept2 granted by John Campbell Quartermaister in Captain Muires troupe of Dragownes to William Maister of Forbes for the Soume of Two Hundereth merks at the instance of the Said Captaine Muire which he obleidges him to cause the said Captain reteire dated the Eleventh of October Jaj vic and Thriescore ten yeirs with a missive Letter be the said Captaine Muir himself to the said maister of Forbes wherin he promises payment to the maister of the two hundereth merks which the maister sent him by the hand of John Campbell the Captaines Quartermaister in october then last for the subsistance of his troupe And adds these words which if I had not gott The troupe might have starved in this beggerly place This Letter is dated frae Turriff the third of November Jaj vic and thriescore ten yeirs with ane other Letter by the Said Captaine Mwir to Maister Archbald Forbes of Lucklyhead brother to the said Maister of Forbes dated the Tenth day of June Jaj vic nyntie five yeirs wherin he acknouledges the said debt of Two Hundereth Merks to the Maister And Sayes that he is perplexed that his circumstances are Such that he cannot pay it at present But hopes the maister Shall be no Loser by him And Sayes it will be a kindnes done to him if the maister Shall ask payment of the Same from the Councell or Thesaurie The comittie finds that the said Soume of two Hundereth merks was furnished be the Said Maister of Forbes to the said Captaine Mwir preceeding the first of February Jaj vic nyntie ane for the necessar Subsistance of his troupe which was in the deceast Lord Cardross his regiment of Dragounes And therfor it is the Comitties opinion that the said Soume of Two Hundereth Merks is to be payed to the said William Maister of Forbes out of the polemoney appointed be the nynth act fourth session of this current parliament And that the maister is to be recomended to the Lords Comissioners of his Majesties Thesaurie for payment of the same accordingly.
1. NRS, PC2/26, 54r-54v.
2. Written over the word ‘report’.
1. NRS, PC2/26, 54r-54v.
2. Written over the word ‘report’.
D1695/12/16
D1695/12/161
Act
The Lords of his majesties privie Councell haveing considered the report of a comittie of ther oun number appointed for reviseing the accompts resting by his majesties forces to the countrie beareing that the comittie haveing considered the accompts given in to them as resting to Dam Jean Countess dowager of Marr for meall and uther necessarie provisiones furnished to Major Arthur Forbes of Brux Major to The Earle of Marrs regiment by order of William Maister of Forbes for the use of five companies of the said regiment Garisone in Castle of Killdrummie preceeding the first of Februarie Jaj vic nyntie anye yeirs with the instructiones and verificationes therof They find the haill articles of the saids accompts Sufficiently verified and proven both be the oathes and depositiones of the persones who delivered the particulars in the accompts And also be the oaths of apprisers And be the Countess of Marr her oun oath taken befor two of the Comissioners of Supply within the Shyre of Aberdeen Conforme to the report of the Comissioners Subscribed be them Which wer all produced to and considered be the said comittie And finds the Soumes resting be the saids accompts to the said Countess of Marr extends to The Soume of Ane Thousand five hundreth and nyn punds threttein Shilling four pennies And it is the comitties opinion that this Soume is to be alloued to the Countess of Marr out of the polemoney And that her Ladieshipe is to be recomended to the comissioners of parliament appointed anent the polemoney for payment of the Same accordinglie The Comittie Judgeing thir accompts to be in the termes of the act of parliament And proclamationes of Counsell As the said report beares The Saids Lords of his majesties privie Counsell haveing considered the above report They heirby approve therof And recomends to the Comissioners of parliament appointed anent the polemoney imposed in anno Jaj vic nyntie thrie To cause make payment to The Said Dam Jean Countess of Marr of the Soume of Ane Thousand five hundereth and nyn punds threttein Shilling four pennies Scotts And that out of the said polemoney.
1. NRS, PC2/26, 53r-54r.
1. NRS, PC2/26, 53r-54r.
D1695/12/15
D1695/12/151
Act
The Lords of his majesties privie Counsell haveing considered the report of a comittie of ther own number appointed for reviseing the accompts resting by his majesties forces to the comittie Beareing that The comittie haveing considered the accompt given in to them as resting be the deceast Lord Cardross his regiment of Dragownes to George Mchenrie collector in Stonehyven with the instructiones therof They find the articles of the said accompt Sufficiently verified and proven be the oath of the said George Mchenrie taken befor two of the comissioners of Supply within the Shyre of Kincardin And most pairt therof be recepts also Conform to the report Subscribed be the comissioners and recepts granted be the receavers Which accompt report and recepts uere all prodwced to and considered by the comittie And finds that conforme to the said accompt and instructions ther is resting be the said deceast Lord Cardross his regiment of Dragounes the Soume of Thriescore and Eleven punds eight Shilling Scotts to the Said George Mckenzie And finds that the haill articles wherof this Soume is made up were all furnished preceeding the first day of february Jaj vic nyntie ane yeirs And that they are all in the termes of the nynth act fourth Session of this current parliament Intituled act for pole money and proclamationes of Counsell relative therto And therfor it is ther opinion that the said Soume of Thriescore and Eleven punds Eight Shilling Scotts is to be payed to the said George Mchenrie out of the said polemoney And that he is to be recomended to the comissioners of parliament appointed anent the pole money for payment of the same Accordingly And finds that besyde the Soume forsaid Ther is resting be Captain Home in the forsaid regiment to the said George Mchenry The Soume of Thriescore thrie punds thrie Shilling Scotts But in respect this is not instructed to have bein aither for meat and drink to the Captain nor for the behove of the regiment It is ther opinion that this is not to be payed out of the polemoney But that the Same is to be allowed out of the Captaines arreirs in caice ther Shall be any found due to him efter the debts resting be the forces to the countrie are payed And that the said George Mchenrie is to be recomended to the saids Comissioners of parliament for payment of the Same in these termes and no otherwayes The Saids Lords of his Majesties privie Counsell haveing considered the above report They heirby approve therof And recomends to the Comissioners of parliament appointed anent the polemoney imposed in anno Jaj vic nyntie thrie To cause make payment to the said George Mckeinzie of the Said Soume of Thriescore Eleven punds eight Shilling Scotts out of the said polemoney And of the said Soume of Thriescore thrie punds thrie Shilling Scotts out of the Said Captaine Home his arreirs in the termes of the said report
1. NRS, PC2/26, 52v-53r.
2. Note the scribe alternates between Mckenzie and Mchenrie but McKenzie seems the more likely as Mchenrie is at one point corrected to McKenzie.
1. NRS, PC2/26, 52v-53r.
2. Note the scribe alternates between Mckenzie and Mchenrie but McKenzie seems the more likely as Mchenrie is at one point corrected to McKenzie.