D1693/12/1
D1693/12/12
Sederunt
Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Anandale; Viscount Tarbat; Viscount Stair; Lord Raith T:D:; Lord Ross; Lord Beilhaven; Master of Forbes; Lord Justice Clerk; Lord Hatton; Lord Enstruther; Mr Fr: Montgomrie; Laird of Pollock; Sir Thomas Liveingston
1. NRS, PC2/24, 283v.
2. NRS, PC2/24, 283v.
1. NRS, PC2/24, 283v.
2. NRS, PC2/24, 283v.
D1692/12/35
D1692/12/351
Act
Anent a Petition given in to the Lords of their Majesties privy Councill be John Stivensone feltmaker in Innverkeithing Shewing That the petitioner albeit a maried man and liveing upon a lawfully Trade was prest to be a Souldier by […] Scot brother to the Laird of Spencerfeild and bound and caried away to the house of Spencerfeild the last week contrar to the saids Lords proclamatione and most unwarrantablie detained their, Albeit he neither took one nor ingadged himself with these men, And notwithstanding of a letter from the Countes of Marr who knew him he haveing resided sometyme at Alloway before And Therfore Humbly Suplicating to the effect aftermentiond The Lords of their majesties privy Councill haveing Considered the above petitione Given in to them be the above James Stivensone They heirby Give order to the baillie deputs of Dumferling or any one of them, To take tryall whither the petitioner tooke on willingly or not, And for that effect Grants warrand to cite Spencerfeild and his brother to appear before them, And if it cannot be proven that he took on willingly Authorizes the saids baillies presently to sett him at Libertie.
1. NRS, PC2/24, 151v.
1. NRS, PC2/24, 151v.
D1692/12/34
D1692/12/341
Petition
Petition Charles Emeltoune which was on Tuesday last Remitted to the baillies of the Canongate Is now Remitted to the baillies of Edinburgh In Respect ther are no baillies in the Cannogate with power to the saids baillies of Edinburgh any one of them to hear the petitioner And also Captaine Young at whose instance he is incarcerat And to doe in the matter as they should find Just.
1. NRS, PC2/24, 151v.
1. NRS, PC2/24, 151v.
D1692/12/33
D1692/12/331
Act
Anent a Petition given in to the Lords of their majesties privy Councill be Anna Hamilton Shewing That quher upon a Supplication given in by the petitioner to their majesties and a referrence therupon on the twentie seventh of February Jaj vjc nyntie, Their majesties were graciously pleased to Consider the petitioners deplorable Condition, And Did Recomend the petitioners case to his grace the Duke of Hamilton then president of the Councill and Remanent honorable members therof To Consider according to Justice and equitie what restitution Sir Mark Carss of Cockpen ought to make to the petitioner of the goods that he unjustly took from her deceast husband Livetenant John Hamilton viz Fiftie broad peices of gold sixtie Rix dollers a saphir Ring worth Threttie punds Sterling and ane wage of unCoyned gold worth five pounds all which the said Sir Mark Carss most wrongeously took from the petitioners husband who hade the only right to the samen seing he took them all himself from two prisoners of Warr. Upon a petition given in to the saids Lords by the petitioner Their Lordships ware graciously pleased to tallow the petitioner first a dilligence for citeing of witnesses to prove the matter of fact, bot before the petitioner hade obtained a second the said Sir Mark Carss against whom the pursuit is intented being lately dead And that the petitioner must of new againe cite his air against whom the pursuit is now to be caried on It was Humbly Craved that the saids Lords would be graciously pleased to allow her a second dilligence for examineing the witnesses that their testimonies may Lye in retentis Especially Seing they are Souldiers and may shortly perhaps goe off the Countrey And Therfore humbly Craving the saids Lords to Recomend to Sir James Lesslie present Comander of their majesties forces in this kingdome to examine the witnesses who are souldiers under him for trying of the premisses that their testimonies may remaine for instructing the matter of fact as the said petition bears The Lords of their majesties privy Councill Haveing heard this petition given in to them be the above Anna Hamilton read in their presence They heirby Remitt the same to the Lords of Councill and session as a matter meerly civill, And Recomends to them to doe therin as they should find Just.
1. NRS, PC2/24, 151r-151v.
1. NRS, PC2/24, 151r-151v.
D1692/12/32
D1692/12/321
Act
Anent a Petition given in to the Lords of their Majesties privy Councill be William Mcfaydzen in Dillamphert Shewing That the petitioner haveing been in use these many years to trade in droveing of Catle these many years to trade in droveing of Catle to England out of the Countries of Galloway and Carick (wher he Lived) And to Sell them at the English marcats And being upon his way home from Dumfrees wher he hade received one hundred and fiftie punds sterling for a parcell of Cowes Upon Saturday the tenth of this moneth about the Riseing of the sone ther came to the petitioner upon the way about four mylles from the toune, Two men the one in ane gentlmans habit mounted on a dark gray horss with a Scarlett Coat and gold thrid Buttons, He was of extraordinary Stature with his oun hair sad Colloured ane high Roman nose Slender faced thick liped, with a wratt above one of his eyes Als bigg as one nutt, And the litle finger of his left hand bowed towards his Loof, The other appeared to be his Servant and was also mounted upon ane dark gray horss, And caried a long gun with a Courss habit, after they hade travelled about half a myle one the way The Servant said he was goeing thorrow the muir And desyred the petitioner to goe allong with him Which the petitioner refused, Wherupon he beat the petitioner with the butt of his gun, And said he would make him goe, And Imediatly therafter the other came up and presented a pistoll to the petitioners breast, And so after the petitioner hade made what defence he was able and received severall wounds they caried him about a quarter of a myll off the way and tyed the petitioners hands and feet togither and Cutt the Clockbagg from behind his saidle and Caried away his money. The petitioner by this misfortunat accident being redacted to great extreamity and not able to defray the Charges in Searching after the robbers And it being the intrest of all their majesties Leidges That such rogues should not Escape their Just punishment And who in all probabillity can not escape if paines ware taken to search for them And Therfore Humbly Craving The Saids Lords to Consider the petitioners condition and the hazard the leidges are under if such Rogues escape, And to Recomend to their Majesties Solicitor to Dispatch expresses to the severall magistrates of burghes, Shirreffs and baillies throughout the kingdome Ordering them to publish the marks of the saids Robers at the mercat crosses, Church doors and put up placards for severall marct and sabboth dayes and to report their dilligence as the petitione bears The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above William Mcfadzean They Grant the Desyre therof And appoints the solicitor to Dispatch expresses to the severall magistrats of burghes shireffs and baillies throughout the kingdome And ordaines them to publish the marks of the Saids robbers at the marcat crosses Church doors and put up placaids for severall marcat and sabboth dayes to the effect abovementioned to be reported to the saids Lords betwixt and the twentie thrid day of February nixt to come And appoints the petitioner himself to try out and make search for the above Robbers And Recomends to the Lords Commissioners of ther Majesties thesaurie to call for the petitioner and appoint him such a Competent allowance as they think fitt for defraying the charges he shall be put to in the forsaid search, and Recomends to Sir James Leselie Commander in Cheiff for the tyme of their majesties forces within this kingdome to cause make tryall if their be any such person either officer or souldier amongst their majesties forces as the persones Descryved in the petition and to report to the Councill betwixt and the last day of January nixt to come And Recommends to the Earle of Leven to cause tryall be made if their be any such persone amongst the officers which are come over from Flanders to Levie Recruits and to report to the Councill betwixt and the said day.
1. NRS, PC2/24, 150r-150v.
1. NRS, PC2/24, 150r-150v.
D1692/12/31
D1692/12/311
Act
Anent a Petition given in to the Lords of their Majesties privy Councill be Archibald Viscount of Kingstoune and Lady Elizabeth Seatton his Seatton2 his Sister and factorix Shewing That quher the petitioner Archibald Viscount of Kingstoune being absent In Flanders at the tyme of his fathers death Wherupon the Chartor Chist of the estate of Whitinghame to quhich he hade right as air to his mother who was air of the said estate was depositat in the hands of Sir Robert Sinclar of of3 Stivenson shireff principall of the shirefdome of East-Lothian to remaine in his custody untill the petitioner returned, And the ates of the house of Whitinghame are shutt and the keyes therof in the hands of the said Sir Robert Sinclar, And Seing that the petitioner the said viscount has necessarly to doe with severall papers that are in the said Chartor Chist The said Lady Elizabeth Seatton her bonds of provisione or other papers conceived in her favors And Therfor Humbly Craveing the saids Lords would grant warrand to the said Sir Robert Sinclar to cause his Clerk Inventar the said Chartor Chist, And after the inventaring therof to deliver the samen to the petitioner or the said Lady Elizabeth Seatton his sister and factorix upon their recepts of the saids writte, And ane oblidgment to make any writtes which are in the said Chartor Chist, and does not concerne the barrony of Whitinghame or pertinents therof or which does not concerne the said Lady Elizabeth Seatton furthcomeing to all persones concerned, And also to appoint the keyes of the house of Whitinghame to be delivered to him or his said sister by the said Sir Robert, as the petitione bears. The Lords of their Majesties Privy Councill haveing considered this petitione given in to them be the above Archibald Viscount of Kingstoune and Lady Elizabeth Seatton They heirby Grant warrand and Recomends to the above Sir Robert Sinclar To Cause his Clerk Inventar the above Chartor Chist and after the inventaring therof to deliver the samen to the said petitioner or the Lady the Elizabeth Seatton his factorix upon their recepts of the saids writtes And ane oblidgment to make any writts which are in the said Chartor Chist and does not concerne the barrony of Whitinghame or pertinents therof, Or which does not concerne the Lady Elizabeth Setton furthcomeing to all persones concerned, And appoints the said Sir Robert Sinclar to deliver the keyes of the house of Whittinghame to the petitioner or his Said Sister.
1. NRS, PC2/24, 149r-149v.
2. Sic.
3. Sic.
1. NRS, PC2/24, 149r-149v.
2. Sic.
3. Sic.
D1692/12/30
D1692/12/302
Sederunt
Lord Chancelor; Earl of Melvill P: S:; Earl of Linlithgow; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Raith Ther dept; Lord Cardross; Lord Beilhaven; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Laird of Grant; Laird of Blackbarony; Laird of Stivenson; Laird of Pollock; Sir William Lockhart
1. NRS, PC2/24, 149r.
2. NRS, PC2/24, 149r.
1. NRS, PC2/24, 149r.
2. NRS, PC2/24, 149r.
D1692/12/29
D1692/12/291
Act
Anent a Petition given in to the Lords of their majesties privy Councill be Elizabeth Sinclar lady Dowager of Dunbeath Shewing That quher the petitioner being infeft in Lyferent of the lands of Dumbaith and others with maner place housses bigging etc as appeared by her seasine therwith produced and wherof accordingly she has been in possessione Since the late Dunbaith his decease now be the Space of […] years. Untill that John Sinclair now appearand of Dumbeath and sone to the petitioner has by a most unnaturall and inhumane practise exceedingly opprest and molested the petitioner In So farr as primo, He did in the moneth of november last by past block up the petitioner within a roome of the said maner house of Dumbeath wher he hade ever sincesyne keeped her within Lockfast doors debarring all access whatsomever to her, Secundo That he has possest himself not only of the petitioners barnes, and disposed of her cornes and catle and turned out her Servants, Bot has lodged severall persones within the house to mantaine the samen as ane Garison Besyde that Tertio he intercepts all letters passing to and from the petitioner betwixt her and her freinds and relationes Refuseing to give any of them ane account of his procedings and useadge though indeed the designe of the samen evidently appears to be nothing else Bot by violence to oppress the petitioner out of her intrest and Joyntur lands And seing the saids Lords Justice Is the only recourse competent to any of the Leidges in such Miserable circumstances as the petitioner is stated into In maner forsaid, And that the acts of oppression abovementioned are highly punishable be the Lawes of this kingdome and all nationes And Therfore Humbly Craving the saids Lords would Grant warrand to the shirreff principall of Caitnes of his deputy To sett the petitioner at Libertie from under the restraints She is keeped in as aforsaid, And to dispossess her said dwalling house of Dunbeath of the said John Sinclar and all those unwarrantably planted therin by the said John Sinclar without her order, And in the mean tyme grant warrand for citeing the said John Sinclar before the saids Lords to answer for the forsaid acts of manifast bangstry and oppression as the petition bears, The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Lady Dumbeath with the petitioners sasine, They heirby give Order and warrand to the shirreff principall of Caithnes or his deputs to sett the petitioner at libertie from under the restraint she is keeped in And to Disposes the house of Dumbeath of the above John Sinclar and others unwarrantablie planted therin without the petitioners orders, And enter the petitioner to the peaceable possession therof in the same termes as she possessed it before the above interuption, made be the said John Sinclar And in the mean tyme allowes the said John Sinclar to be cited To Compeir before the Councill the nynth day of march nixt to come to answer to the above points alledged against him And Grant warrand for citeing witnesses.
1. NRS, PC2/24, 148r-149r.
1. NRS, PC2/24, 148r-149r.
D1692/12/28
D1692/12/281
Petition
Petition Charles Emeltoune Read and Remitted to the baillies of the Cannogate to hear the petitioner and also Captaine Young as whose instance he is incarcerat and to doe in the matter as they shall find Just.
1. NRS, PC2/24, 148r.
1. NRS, PC2/24, 148r.
D1692/12/27
D1692/12/271
Warrant
The Lords of their majesties privy Councill Doe heirby give warrand to the Clerks of Privy Councill to Deliver up to Captaine Robert Young in Collonell Grahames foot Regiement ane bond Lying in their hands taken before the Committie of Councill appointed anent souldiers or persones alledged taken on to be souldiers be Robert Corsbie seaman in Preston principall and James Anderson ventnar burges of Edinburgh and Robert Wishart writter ther as Cautioners for the said Robert Corsbies Compeirance before the said Robert Corsbies Compeirance before the said Committie when called under the penaltie of Ten punds Sterling dated the nyntein day of December instant
1. NRS, PC2/24, 147v-148r.
1. NRS, PC2/24, 147v-148r.