Tag Archives: December

Act, 13 December 1694, Edinburgh

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At Edinburgh thursday\[660\] 13th December 1694

A1694/12/241

Act

Act for poynding the deficients in the Levie

The Lords of their majesties privy Councill Doe Hereby ordaine their majesties sollicitor To transmitt to the shiriffs of the shyres and stuearts of the stueartries within this Kingdome or their Deputs or Clerks such lists of the deficients of the new levie as have come to his hands and when noe lists shall be sent by the Sollicitor ordains the said shirriffs and stuearts and their deputs and Clarks of Supply to make up full and exact lists of the said deficients and to transmitt doubles thereof to their Majesties Sollicitor within fyfteen dayes after this act shall come to their hands and als ordains the respective shiriffs stuearts of stueartries and Baillies of Bailliaries within this Kingdome and their deputs within the said space of fyfteen dayes after this act comes to their Hands To exact and uplift from the persons lyable in putting out any men of the new levy and who Have not put out these men before the first day of November Last The penalty of two Hundred merks wherein evry such persone is lyable conforme to the proclamation and Instruments theranent and the said Lords doe Hereby Authorize and warrand the said shirriffs stuearts Baillies of Bailliaries and their Deputs either to call a partie of their Majesties forces, from any Commander within the shyre stueartrie or Bailliarie And ordains the said Commanders To fournish parties to them for poynding of the persones failziers and deficient as said is before the said first day of November last or otherwayes to make use of their owne officers for that end and Declairs That the persones deficient as said is are to be poynded in maner prescryved by the act of parliament Jaj vjc sexty and nyne anent the militia and the expences of the poynding is to be exacted from them accordinglie and the said Lords doe hereby Ordaine the said shirriffs stuearts and Baillies and their Deputs To pay or cause pay in the penalties to be exacted and uplifted by them To the Collector of supply within the shyre and ordaines the Collector To transmitt the one Half of these penalties to the general receiver of their majesties Croune rents to be applyed towards the geographicall maps of the Kingdome and the other Half to be disposed of by the Commissioners of the shyre for the publict uses within the same (2The said Collector retaining alwayes the tuentyeth pennie for his pains With Certificatione to the said shirriffs stuearts Baillies and their Deputs Clerks and Collectors of Supply respective who shall failzie in dischargeing any part of their duety specified in this act they shall be lyable for the penalties of these deficients whom they should have listed and poynded and whose penalties they should have Collected and transmitted as above appoynted and that letters of Horneing shall be direct for chargeing them for payment thereof simpliciter. And ordaines thir presents to be printed And appoynts their majesties Sollicitor To send printed Coppies of the same to the said shirriffs stuearts Baillies or their Deputs or Clerks with all convenient dilligence

At Edinburgh thursday\[660\] 13th December 1694

A1694/12/241

Act

Act for poynding the deficients in the Levie

The Lords of their majesties privy Councill Doe Hereby ordaine their majesties sollicitor To transmitt to the shiriffs of the shyres and stuearts of the stueartries within this Kingdome or their Deputs or Clerks such lists of the deficients of the new levie as have come to his hands and when noe lists shall be sent by the Sollicitor ordains the said shirriffs and stuearts and their deputs and Clarks of Supply to make up full and exact lists of the said deficients and to transmitt doubles thereof to their Majesties Sollicitor within fyfteen dayes after this act shall come to their hands and als ordains the respective shiriffs stuearts of stueartries and Baillies of Bailliaries within this Kingdome and their deputs within the said space of fyfteen dayes after this act comes to their Hands To exact and uplift from the persons lyable in putting out any men of the new levy and who Have not put out these men before the first day of November Last The penalty of two Hundred merks wherein evry such persone is lyable conforme to the proclamation and Instruments theranent and the said Lords doe Hereby Authorize and warrand the said shirriffs stuearts Baillies of Bailliaries and their Deputs either to call a partie of their Majesties forces, from any Commander within the shyre stueartrie or Bailliarie And ordains the said Commanders To fournish parties to them for poynding of the persones failziers and deficient as said is before the said first day of November last or otherwayes to make use of their owne officers for that end and Declairs That the persones deficient as said is are to be poynded in maner prescryved by the act of parliament Jaj vjc sexty and nyne anent the militia and the expences of the poynding is to be exacted from them accordinglie and the said Lords doe hereby Ordaine the said shirriffs stuearts and Baillies and their Deputs To pay or cause pay in the penalties to be exacted and uplifted by them To the Collector of supply within the shyre and ordaines the Collector To transmitt the one Half of these penalties to the general receiver of their majesties Croune rents to be applyed towards the geographicall maps of the Kingdome and the other Half to be disposed of by the Commissioners of the shyre for the publict uses within the same (2The said Collector retaining alwayes the tuentyeth pennie for his pains With Certificatione to the said shirriffs stuearts Baillies and their Deputs Clerks and Collectors of Supply respective who shall failzie in dischargeing any part of their duety specified in this act they shall be lyable for the penalties of these deficients whom they should have listed and poynded and whose penalties they should have Collected and transmitted as above appoynted and that letters of Horneing shall be direct for chargeing them for payment thereof simpliciter. And ordaines thir presents to be printed And appoynts their majesties Sollicitor To send printed Coppies of the same to the said shirriffs stuearts Baillies or their Deputs or Clerks with all convenient dilligence

1. NRS, PC1/50, 72-3.

2. Closing bracket missing.

1. NRS, PC1/50, 72-3.

2. Closing bracket missing.

Act, 13 December 1694, Edinburgh

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At Edinburgh thursday\[660\] 13th December 1694

A1694/12/231

Act

Act Ensigne Murray

Anent the petitione given in to the Lords of their majesties privy Councill 2 By William Murray Ensigne in Collonell Douglass his Regement Shewing That where in the beginning of June last being unfortunatly overtaken with drink the petitioner fell in a disorder whyle on the guard in offering some wrong to a young gentlewomane one Marione Colquhoune which yet was Happily prevented for which cause the said petitioner was then made prisoner and have since continued prisoner in the tolbooth of Edinburgh to his great trouble and afflictione And seeing that He is most heartily sory for his said miscarriadge as also That the womane and Her freinds have freelie pardoned and discharged the said petitioner under their Hands, and that he is not as yet tuenty years of age and that his said misfortune was so unluckie That even the magistrats of Glasgow in behalf of the place doe now Commiserat his long imprisonment and lastly That He is content to goe off the Countrey and serve in the Regement that was once the Earle of Dumbartaines wherein he had his breading almost from his verie infancie and therfore Humblie Craveing That the said Lords might Commiserat the said petitioners sad Conditione and in respect of his long imprisonment and serious and sincere repentance To ordor the said petitioner to be sett at Liberty in ordor to his goeing to Flanders there to serve as above specially seeing that even though the affaire were tryed and judged in the Criminall Court yet whereat in this Case the partie remitts the offence the Judge doth never proceed beyond ane arbitrary punishment
The Lords of their Majesties privy Councill haveing considered the said petitione given in to them by the said William Murray with the depositions of the said Margaret Colquhoune taken before the Baillie of Glasgow That the petitioner had never any carnall dealling with her and a paper subscryved by her at least by a nottar at her command querby she heartily forgives the said petitioner for any prejudice done to Her They Hereby give ordor and warrand to the Magistratts of Edinburgh and keeper of their Tolbooth to set the said petitioner at liberty furth thereof He first before his liberatione giveing bond and inacting himself in the books of privy Councille That he shall transport Himself furth of their Majesties Dominions into Flanders with the first recruits and that he shall not returne within the same for the space of three years after the date hereof under the penalty of ane thousand merks scots in case he shall transgress in any part of the premisses

At Edinburgh thursday\[660\] 13th December 1694

A1694/12/231

Act

Act Ensigne Murray

Anent the petitione given in to the Lords of their majesties privy Councill 2 By William Murray Ensigne in Collonell Douglass his Regement Shewing That where in the beginning of June last being unfortunatly overtaken with drink the petitioner fell in a disorder whyle on the guard in offering some wrong to a young gentlewomane one Marione Colquhoune which yet was Happily prevented for which cause the said petitioner was then made prisoner and have since continued prisoner in the tolbooth of Edinburgh to his great trouble and afflictione And seeing that He is most heartily sory for his said miscarriadge as also That the womane and Her freinds have freelie pardoned and discharged the said petitioner under their Hands, and that he is not as yet tuenty years of age and that his said misfortune was so unluckie That even the magistrats of Glasgow in behalf of the place doe now Commiserat his long imprisonment and lastly That He is content to goe off the Countrey and serve in the Regement that was once the Earle of Dumbartaines wherein he had his breading almost from his verie infancie and therfore Humblie Craveing That the said Lords might Commiserat the said petitioners sad Conditione and in respect of his long imprisonment and serious and sincere repentance To ordor the said petitioner to be sett at Liberty in ordor to his goeing to Flanders there to serve as above specially seeing that even though the affaire were tryed and judged in the Criminall Court yet whereat in this Case the partie remitts the offence the Judge doth never proceed beyond ane arbitrary punishment
The Lords of their Majesties privy Councill haveing considered the said petitione given in to them by the said William Murray with the depositions of the said Margaret Colquhoune taken before the Baillie of Glasgow That the petitioner had never any carnall dealling with her and a paper subscryved by her at least by a nottar at her command querby she heartily forgives the said petitioner for any prejudice done to Her They Hereby give ordor and warrand to the Magistratts of Edinburgh and keeper of their Tolbooth to set the said petitioner at liberty furth thereof He first before his liberatione giveing bond and inacting himself in the books of privy Councille That he shall transport Himself furth of their Majesties Dominions into Flanders with the first recruits and that he shall not returne within the same for the space of three years after the date hereof under the penalty of ane thousand merks scots in case he shall transgress in any part of the premisses

1. NRS, PC1/50, 71-2.

2. The word ‘Shewing’ scored out here.

1. NRS, PC1/50, 71-2.

2. The word ‘Shewing’ scored out here.

Procedure, 13 December 1694, Edinburgh

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At Edinburgh thursday\[660\] 13th December 1694

A1694/12/221

Procedure

Anent a Comissione for takeing the Earl of Melforts oath in France

The Lord Advocat Haveing represented That there is a Commissione granted in a proces before the lords of Sessione for takeing the Earl of Melfoords oathe in France which cannot be extracted unless the Councill give warrand to some persone to take his oathe in respect of the act of parliament discharging any Converse with France which cannot be extracted unless the Councill give warrand to some persone to take his oathe in respect of the act of parliament discharging any converse with France2 The Councill delayed to give ane answer to this representatione unless the partie concerned doe represent his caise to the Councill by a petitione in the ordinary way

At Edinburgh thursday\[660\] 13th December 1694

A1694/12/221

Procedure

Anent a Comissione for takeing the Earl of Melforts oath in France

The Lord Advocat Haveing represented That there is a Commissione granted in a proces before the lords of Sessione for takeing the Earl of Melfoords oathe in France which cannot be extracted unless the Councill give warrand to some persone to take his oathe in respect of the act of parliament discharging any Converse with France which cannot be extracted unless the Councill give warrand to some persone to take his oathe in respect of the act of parliament discharging any converse with France2 The Councill delayed to give ane answer to this representatione unless the partie concerned doe represent his caise to the Councill by a petitione in the ordinary way

1. NRS, PC1/50, 70.

2. Sic.

1. NRS, PC1/50, 70.

2. Sic.

Sederunt, 13 December 1694, Edinburgh

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At Edinburgh thursday\[660\] 13th December 16941

A1694/12/212

Sederunt

Earl of Melvill; Earl of Southerland; Earl of Mortoune; Earl of Cassills; Earl of Lothiane; Earl of Annandale; Earl of Forfar; Earl of Breadalbane; Viscount Tarbatt; Lord Raith; Lord Carmichaell; Lord Advocat; Lord Justice Clerk; Lord Hattoune; Mr Fra Montgomery; Laird of Stevensone; Laird of Pollock; Sir John Hall

At Edinburgh thursday\[660\] 13th December 16941

A1694/12/212

Sederunt

Earl of Melvill; Earl of Southerland; Earl of Mortoune; Earl of Cassills; Earl of Lothiane; Earl of Annandale; Earl of Forfar; Earl of Breadalbane; Viscount Tarbatt; Lord Raith; Lord Carmichaell; Lord Advocat; Lord Justice Clerk; Lord Hattoune; Mr Fra Montgomery; Laird of Stevensone; Laird of Pollock; Sir John Hall

1. NRS, PC1/50, 70.

2. NRS, PC1/50, 70.

1. NRS, PC1/50, 70.

2. NRS, PC1/50, 70.

Warrant, 11 December 1694, Edinburgh

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At Edinburgh thursday 11th December 1694

A1694/12/201

Warrant

Warrand To delyver the prisoners from Stranrawer to Leiut Colonell Bruce

The Lords of their majesties privy councill doe Hereby Give ordor and warrant to the Magistrats of Edinburgh and Keeper of their Tolbooth To delyver to Leutt Collonell Bruce for the use of Major Reid in Sir William Douglass Regement the persons of Leutt Mitchell Carmuk Richard Dobine Barnaby Wedd Bryane Mcgrae Ewis Jarden and Simeon Morgane prisoners in the said Tolbooth brought from Stranrawer being sett on shoar there out of a french Caper The said Leutt Collonell first clearing with the master of the Tolbooth and satisfying him for the dews and rests to him and the servants in the said tolbooth

At Edinburgh thursday 11th December 1694

A1694/12/201

Warrant

Warrand To delyver the prisoners from Stranrawer to Leiut Colonell Bruce

The Lords of their majesties privy councill doe Hereby Give ordor and warrant to the Magistrats of Edinburgh and Keeper of their Tolbooth To delyver to Leutt Collonell Bruce for the use of Major Reid in Sir William Douglass Regement the persons of Leutt Mitchell Carmuk Richard Dobine Barnaby Wedd Bryane Mcgrae Ewis Jarden and Simeon Morgane prisoners in the said Tolbooth brought from Stranrawer being sett on shoar there out of a french Caper The said Leutt Collonell first clearing with the master of the Tolbooth and satisfying him for the dews and rests to him and the servants in the said tolbooth

1. NRS, PC1/50, 70.

1. NRS, PC1/50, 70.

Act, 11 December 1694, Edinburgh

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At Edinburgh thursday 11th December 1694

A1694/12/191

Act

Protectione Garden of Ballamoir

The Lords of their majesties privy Councill Doe Hereby grant protectione To William Garden of Ballamoire untill the tuentie day of December instant inclusive to the effect He may attend the advyseing of the process before the Councill at the instance of William Ewen […] against him And Discharges all macers messingers or other officers to burgh or landwart To put any Catione acts of warding or other dilligence to Executione against the persone of the said William Garden dureing the Space foresaid Excepting alwayes their Majesties rents and publict dues sic subscribitur Annandale Southerland J Morton Broadalbane Tarbatt Raith James Stueart F Montgomrie John Maxwell

At Edinburgh thursday 11th December 1694

A1694/12/191

Act

Protectione Garden of Ballamoir

The Lords of their majesties privy Councill Doe Hereby grant protectione To William Garden of Ballamoire untill the tuentie day of December instant inclusive to the effect He may attend the advyseing of the process before the Councill at the instance of William Ewen […] against him And Discharges all macers messingers or other officers to burgh or landwart To put any Catione acts of warding or other dilligence to Executione against the persone of the said William Garden dureing the Space foresaid Excepting alwayes their Majesties rents and publict dues sic subscribitur Annandale Southerland J Morton Broadalbane Tarbatt Raith James Stueart F Montgomrie John Maxwell

1. NRS, PC1/50, 69-70.

1. NRS, PC1/50, 69-70.

Order, 11 December 1694, Edinburgh

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At Edinburgh thursday 11th December 1694

A1694/12/181

Order

Ordor to transport Byres of Coats

The Lords of their majesties privy Councille Doe Hereby requyre and Command the Commanding officers of the Guard at Leith To receive from on board their majesties ship the Sheerness presently lyeing in the road of Leith the persone of John Byres of Coats prisoner come from London indicted of high treasone before the Lords Commissioners of Justitiarie and convoy him under a sufficient guard to the Tolbooth of Edinburgh and delyver him to the magistrats of Edinburgh and Keeper of the said Tolbooth and ordaine him to continew prisoner in the said tolbooth till farder ordor, for which this shall be to all concerned a sufficient warrand

At Edinburgh thursday 11th December 1694

A1694/12/181

Order

Ordor to transport Byres of Coats

The Lords of their majesties privy Councille Doe Hereby requyre and Command the Commanding officers of the Guard at Leith To receive from on board their majesties ship the Sheerness presently lyeing in the road of Leith the persone of John Byres of Coats prisoner come from London indicted of high treasone before the Lords Commissioners of Justitiarie and convoy him under a sufficient guard to the Tolbooth of Edinburgh and delyver him to the magistrats of Edinburgh and Keeper of the said Tolbooth and ordaine him to continew prisoner in the said tolbooth till farder ordor, for which this shall be to all concerned a sufficient warrand

1. NRS, PC1/50, 69.

1. NRS, PC1/50, 69.

Act, 11 December 1694, Edinburgh

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At Edinburgh thursday 11th December 1694

A1694/12/171

Act

Act The Duke of Gordon

The Lords of their majesties privy Councill in prosecutione of his Majesties Commands contained in his letter direct to them of the date the fourth day of December instant Doe Hereby Recommend to and Requyre the Earle of Leven Governour of the Castle of Edinburgh and gives order and warrand To the Deputy Governour and in his absence the next commanding officer there To sett at liberty furth of the said Castle George Duke of Gordone presently prisoner there In respect the Duke Hes given bond and found sufficient Cautione acted in the books of privy Councill That He should be confyned within the Toune of Edinburgh and two myles about the same and not goe without the bounds of his Confynement and that He shall reenter himself prisoner within the said Castle of Edinburgh upon the first day of march next to come, and in the mean tyme That he should live peaceablie within the bounds of his said Confynment under the penalty of two thousand pounds starline in case he shall transgress in any part of the premisses

At Edinburgh thursday 11th December 1694

A1694/12/171

Act

Act The Duke of Gordon

The Lords of their majesties privy Councill in prosecutione of his Majesties Commands contained in his letter direct to them of the date the fourth day of December instant Doe Hereby Recommend to and Requyre the Earle of Leven Governour of the Castle of Edinburgh and gives order and warrand To the Deputy Governour and in his absence the next commanding officer there To sett at liberty furth of the said Castle George Duke of Gordone presently prisoner there In respect the Duke Hes given bond and found sufficient Cautione acted in the books of privy Councill That He should be confyned within the Toune of Edinburgh and two myles about the same and not goe without the bounds of his Confynement and that He shall reenter himself prisoner within the said Castle of Edinburgh upon the first day of march next to come, and in the mean tyme That he should live peaceablie within the bounds of his said Confynment under the penalty of two thousand pounds starline in case he shall transgress in any part of the premisses

1. NRS, PC1/50, 68-9.

1. NRS, PC1/50, 68-9.

Letter: royal, 11 December 1694, Edinburgh

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At Edinburgh thursday 11th December 1694

A1694/12/161

Letter: royal

Letter from the King anent the duke of Gordone

The following letter was read in Councill and ordered to be recorded whereof the tenor followeth
2 Sic Suprascribitur William Rex
Right trusty and right welbeloved Cousine and Councellor Right trusty and intirely beloved Cousine and Councellors Right trusty and weill beloved Cousins and Councellors Right trusty and right weill beloved Councellors right trusty and weill beloved Councillors and trusty and weill beloved Councellors we greet you well Whereas we are informed of the uncertaine staite of the Duke of Gordon’s health now prisoner in our Castle of Edinburgh It is therfore our pleasure That the said Duke have the liberty of the toune of Edinburgh and two myles round till the first day of march next He finding sufficient suety to live peaceablie within the bounds3 of such his confynement and To reenter his persone prisoner in our said Castle upon the foresaid day of march. And this our pleasure you will make knowen to the Lord Leven the Governour of our said Castle and so we bid you heartilie farewell Given at our Court at Kingsingtoune the fourth day of December 4 Jaj vjc nynty and four years By his majesties Command sic subscribitur5 J Johnstoune

At Edinburgh thursday 11th December 1694

A1694/12/161

Letter: royal

Letter from the King anent the duke of Gordone

The following letter was read in Councill and ordered to be recorded whereof the tenor followeth
2 Sic Suprascribitur William Rex
Right trusty and right welbeloved Cousine and Councellor Right trusty and intirely beloved Cousine and Councellors Right trusty and weill beloved Cousins and Councellors Right trusty and right weill beloved Councellors right trusty and weill beloved Councillors and trusty and weill beloved Councellors we greet you well Whereas we are informed of the uncertaine staite of the Duke of Gordon’s health now prisoner in our Castle of Edinburgh It is therfore our pleasure That the said Duke have the liberty of the toune of Edinburgh and two myles round till the first day of march next He finding sufficient suety to live peaceablie within the bounds3 of such his confynement and To reenter his persone prisoner in our said Castle upon the foresaid day of march. And this our pleasure you will make knowen to the Lord Leven the Governour of our said Castle and so we bid you heartilie farewell Given at our Court at Kingsingtoune the fourth day of December 4 Jaj vjc nynty and four years By his majesties Command sic subscribitur5 J Johnstoune

1. NRS, PC1/50, 68.

2. The word ‘Right’ scored out here.

3. The letter ‘u’ is an insertion.

4. The phrase ‘By his’ scored out here.

5. The phrase ‘sic subscribitur’ is an insertion.

1. NRS, PC1/50, 68.

2. The word ‘Right’ scored out here.

3. The letter ‘u’ is an insertion.

4. The phrase ‘By his’ scored out here.

5. The phrase ‘sic subscribitur’ is an insertion.

Sederunt, 11 December 1694, Edinburgh

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At Edinburgh thursday 11th December 16941

A1694/12/152

Sederunt

Earl of Melvill; Earl of Southerland; Earl of Morton; Earl of Lothian; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Broadalbane; Viscount Tarbat; Lord Raith; Lord Carmichaell; Lord Advocat; Lord Justice Clerk; Lord Hattoune; Lord Fountenhall; Mr Fra Montgomrie; Laird of Stevensone; Laird of Pollock

At Edinburgh thursday 11th December 16941

A1694/12/152

Sederunt

Earl of Melvill; Earl of Southerland; Earl of Morton; Earl of Lothian; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Broadalbane; Viscount Tarbat; Lord Raith; Lord Carmichaell; Lord Advocat; Lord Justice Clerk; Lord Hattoune; Lord Fountenhall; Mr Fra Montgomrie; Laird of Stevensone; Laird of Pollock

1. NRS, PC1/50, 67.

2. NRS, PC1/50, 67.

1. NRS, PC1/50, 67.

2. NRS, PC1/50, 67.