Act, 13 July 1697, Edinburgh

Att Edinburgh the Threttein day of Jwlly Jaj vic nyntie seven yeirs

D1697/7/71

Act

Act James Hamiltowne

Anent the petitione given in to the Lords of his majesties privy Counsell be James Hamiltowne keeper of the tollbwith of the Cannogaite Shewing That wher The petitioner according to his boundin duety this Long while bygone hes kept and intertained a great many persones provided for recrwiting the army in Flanders wherin the petitioner hes being at a great daill of paines and charges and wher he hes demand himself with all the integritie dwetie and obsequeiowsenes to ther Lordships comand ther that lay in his power as became him And notwithstanding the prisoners this Spring became Soe twmultwous and rebelliows that they combyned togither and assasinat the petitioners servants and wownded them and took the keyes from them and distroyed the bread ale and brandie that was in the cellar to the valwe of Eight pwnd Sterleing and upwards And Seing the petitioners dwe as formerlie is two Shilling Scotts per night for himself and twelve pennies Scotts for the Servants for each persone In consideratione wherof Ther Lordships petitioner is lyable for ane aliment of aliment of2 twentie merks monethly to the poor besyde the expensses of a greate many servants and which allowance was ordered to be payed the petitione as followes viz by the officers of the Standing forces within the kingdome for Swch prisoners as are Counted by them and by the Lords of Thesaurie and exchecquer for such as the severall officers belonging to the forces in Flanders Committ to be kept till they be transported And that everie officer Should pay for the intertaineing of ther own Souldiers as is appointed by Severall acts and orders emitted by ther Lordships therwith produced And which hardly will be made effectwall except ther Lordships be favoureably pleased to lay downe Some Solid and effectwall course for that effect And therfor humbly craveing ther Lordships to take the premisses to ther Sereows consideratione And therupon to recomend to Some of ther Lordships number to perwse the petitioners clerks books and take a minwte of Such prisoners as have bein Committed by the officers of standing forces within the Kingdome and of the prisoners Committed by the severall officers of the forces in Flanders and to recomend the petitioner to the Lords of Thesaurie and exchecquer As alsoe to Lay Downe Some course for the petitioners reparatione of the damnadges he Sustained by the foirsaid mwtonie and owtrage Comitted by the prisoners as said is And of Such rests as are dwe by the severall souldiers for meat and drink fwrnished to them by ther petitioner As ther Lordships in ther great goodnes Should think fitt As the said petitione at more Length beares Which petitione being read in presence of the Lords of his majesties privy Cownsell upon the Seventine day of Jwne Last bypast They by ther deliverance theron of the said day appointed a Comitie of ther own number to consider the Same and Severall points therin and to report ther opinione in the whole mater to the Counsell And the said Comitie haveing accordingly mett and haveing made ther report to the Counsell which report being at Lenth considered by the saids Lords They heirby approve therof And recomends to the Lords Commissioners of his majesties Thesaurie to cause make payment to the petitioner of the said Soume of Eight hundereth and threttie seven punds Seventine Shilling Scotts for the house dwes of the recrwites mentioned in the report dureing the space therinspecified being two Shilling for himself and one Shilling Scots for his servants per diem And recomends to the Saids Lords to cause make payment to the Said petitioner of the above Sowme of Ane Hundereth and seven pwnds eighte Shilling of damnadges done by the mwttony men mentioned in the report And that in respect the servant who had the charge of the cellar hes given his oath as in the report befor extracting heirof

Att Edinburgh the Threttein day of Jwlly Jaj vic nyntie seven yeirs

D1697/7/71

Act

Act James Hamiltowne

Anent the petitione given in to the Lords of his majesties privy Counsell be James Hamiltowne keeper of the tollbwith of the Cannogaite Shewing That wher The petitioner according to his boundin duety this Long while bygone hes kept and intertained a great many persones provided for recrwiting the army in Flanders wherin the petitioner hes being at a great daill of paines and charges and wher he hes demand himself with all the integritie dwetie and obsequeiowsenes to ther Lordships comand ther that lay in his power as became him And notwithstanding the prisoners this Spring became Soe twmultwous and rebelliows that they combyned togither and assasinat the petitioners servants and wownded them and took the keyes from them and distroyed the bread ale and brandie that was in the cellar to the valwe of Eight pwnd Sterleing and upwards And Seing the petitioners dwe as formerlie is two Shilling Scotts per night for himself and twelve pennies Scotts for the Servants for each persone In consideratione wherof Ther Lordships petitioner is lyable for ane aliment of aliment of2 twentie merks monethly to the poor besyde the expensses of a greate many servants and which allowance was ordered to be payed the petitione as followes viz by the officers of the Standing forces within the kingdome for Swch prisoners as are Counted by them and by the Lords of Thesaurie and exchecquer for such as the severall officers belonging to the forces in Flanders Committ to be kept till they be transported And that everie officer Should pay for the intertaineing of ther own Souldiers as is appointed by Severall acts and orders emitted by ther Lordships therwith produced And which hardly will be made effectwall except ther Lordships be favoureably pleased to lay downe Some Solid and effectwall course for that effect And therfor humbly craveing ther Lordships to take the premisses to ther Sereows consideratione And therupon to recomend to Some of ther Lordships number to perwse the petitioners clerks books and take a minwte of Such prisoners as have bein Committed by the officers of standing forces within the Kingdome and of the prisoners Committed by the severall officers of the forces in Flanders and to recomend the petitioner to the Lords of Thesaurie and exchecquer As alsoe to Lay Downe Some course for the petitioners reparatione of the damnadges he Sustained by the foirsaid mwtonie and owtrage Comitted by the prisoners as said is And of Such rests as are dwe by the severall souldiers for meat and drink fwrnished to them by ther petitioner As ther Lordships in ther great goodnes Should think fitt As the said petitione at more Length beares Which petitione being read in presence of the Lords of his majesties privy Cownsell upon the Seventine day of Jwne Last bypast They by ther deliverance theron of the said day appointed a Comitie of ther own number to consider the Same and Severall points therin and to report ther opinione in the whole mater to the Counsell And the said Comitie haveing accordingly mett and haveing made ther report to the Counsell which report being at Lenth considered by the saids Lords They heirby approve therof And recomends to the Lords Commissioners of his majesties Thesaurie to cause make payment to the petitioner of the said Soume of Eight hundereth and threttie seven punds Seventine Shilling Scotts for the house dwes of the recrwites mentioned in the report dureing the space therinspecified being two Shilling for himself and one Shilling Scots for his servants per diem And recomends to the Saids Lords to cause make payment to the Said petitioner of the above Sowme of Ane Hundereth and seven pwnds eighte Shilling of damnadges done by the mwttony men mentioned in the report And that in respect the servant who had the charge of the cellar hes given his oath as in the report befor extracting heirof

1. NRS, PC2/27, 2v-3v.

2. Sic.

1. NRS, PC2/27, 2v-3v.

2. Sic.

Decreet, 13 July 1697, Edinburgh

Att Edinburgh the Threttein day of Jwlly Jaj vic nyntie seven yeirs

D1697/7/61

Decreet

Remit Alexander Brwce

Anent the lybell or Letters of complaint raised and persewed befor The Lords of his majesties privie Counsell at the instance of Alexander Brwce sone to Andrew Brwce of Earleshall with concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater wnderwritten Makeing mentione That wher by the Lawes and acts of parliament and cwstomes of this and all other well governed nationes The violent intrudeing invadeing and takeing possessione of houses Spoilliatione and away takeing of the goods gere cornes and others belonging to the trwe and righteows owner and the threatening and minaceing of one frie Leidges and Subjects and disposeing upon ther goods and cornes Are crymes of Ane high nature and severelie pwnishable Nevertheles It is of veritie That Sir David Arnot of that ilk and severall others of his accomplices Shakeing off all fear of God and respect to the Lawes of this kingdome did upon the first second third or ane or other of the dayes of the moneth of december Last Came in persone with severall of his servants and accomplices to the house of Earleshall wher the said Alexander Brwce Complainer recided and was in the peaceable possessione of the cornes and fodder not only of the Maynes of Earleshall But also of the teindes of that pairt of the broadlands of Lewchers Commonly called Lewchers Brwce be vertue of ane right and dispositione granted be the said Complainers father to him dated the fourth day of Awgwst2 Last bypast Jaj vic and nyntie Six and ane instrument of possessione theron dated the sixth day of Awgwst alsoe Last bypast And ther notwithstanding he not only knew of the said dispositione and instrwment But alsoe that the said Complainer had entered in ane contract and sold to John Lwndine yownger of Baldestard deput Commissarie appointed be Sir James Oswald of Fingletowne and James Dwnlope merchand in Edinburgh Generall Commissaries appointed for provideing owr forces The haill cornes and Fodder of the barne yeard of Earleshall And that the Same was to be applyed for that wse yet the said Sir David with many threatnings and approbriows words did violently and contrarie to all eqwitie or order of Law Seaze upon the keyes of the barne doors of Earleshall and at his own hand cause David Hendersone tennent in Balbleinchby cast in als many of the saids cornes as two barnes wowld hold at once And therefter cawsed James Key his oun servant and tennent in Pitlethie and William Hay servitor to The Laird of Ballrownie thresh owt the saids cornes and disposed of the Same at his pleasure and haveing violently and owtragiowselie invaded the house and staibles of Earleshall did seaze upon the keyes of the saids staibles and brought his own oxen and putt them therin and made them eat the Straw and caryed the rest to Pitlethie for the rest of his beasts and threatned or forced all or most pairt of the tennents of Earleshall to carry any of the cornes therefter As they were cast and caried away two whole stacks to Pitlethie wnthreshen and all this and much more bangastrie and oppressione the said Complainer is hopefull to make appeare by provatione in downeright contempt of his Jwst and wndoubted right above narrated But also in contempt of our interest who not only had right therto by the foirsaid contract past betuixt Baldaster and the said Complainer and who did as a wise and prudent man arreast the Same As the Letters of arreastment and executione therwith prodwced bears By all which the Said Complainer is wrongousely opposed and his goods violentlie robbed and taken from him without order of Law Extending to the qwantities following viz The Marques of Earleshall payed and which was in the corne yeard at the tyme lybelled Six Chalders victuall corne and Fodder estimat this yeir Jaj vic nyntie seven at Fourtein pwnds the boll is Ane Thousand Thrie Hundereth and Fourtie four pwnds Scotts money And nyn chalders of teind owt of the Lands of Lewchers brwce corne and Fodder estimat at the foirsaid price to Two Thowsand and Sixtein punds And for the damnadges and expensses the said complainer hes bein pwtt to by not fullfilling his former contract and want foirsaid which being fownd proven the said Sir David Arnot is gwiltie of high and manifest oppressione and bangastrie and of a high ryot Committed against the Said Complainer And Therfore owght and Should be decerned by decreit of the Lords of our privie Counsell not only to restore and redelyver to the said Complainer the foirsaids goods cornes and Fodder with what damnadge he hes Sustained by the foirsaid oppressione or the availls and prices therof above settdowne But alsoe ought and Should be furder pwnished in his persone and goods to the example and terror of others to count the lyke in tyme comeing And Anent the charge given to the said defender to have compeared personallie befor the Saids Lords of privie Counsell at ane certaine day now bygone to have answered to the grownds of the above written complaint And to have heard and sein such order and course taken theranent As the Saids Lords Should think fitt wnder the paine of rebellione etc As in the principall lybell or Letters of Complaint and executiones therof at more length is contained The Said lybell being upon the seventinth day of Jwne Last bypast called in presence of the saids Lords And the said persewer compeareing personallie with Sir James Stewart his majesties Advocat as Advocat for the said persewer And the defender Compeareing also personally with Sir David Thores and Mr Robert Whyte advocats his procurators The lybell to probatione And the wittnesses haveing made faith The Cownsell appointed a Committie to examine them Which Comitie haveing accordingly mett They tooke and receaved the oath and depositiones of diverse and famows wittnesses who being all Solemnly Sworne examined and interrogat in the said mater upon ther great oathes deponed and declaired As ther oathes and depositiones extant in proces bears Which process being this day about to be advised by The Saids Lords of his majesties privy Counsell And ther Lordships haveing heard the depositiones of the wittnesses read in ther presence They heirby Remit to The Lords of Counsell and Sessione to proceed in discuss and determine the points lybelled in Commwni forma

Att Edinburgh the Threttein day of Jwlly Jaj vic nyntie seven yeirs

D1697/7/61

Decreet

Remit Alexander Brwce

Anent the lybell or Letters of complaint raised and persewed befor The Lords of his majesties privie Counsell at the instance of Alexander Brwce sone to Andrew Brwce of Earleshall with concurse of Sir James Stewart his majesties advocat for his highnes interest in the mater wnderwritten Makeing mentione That wher by the Lawes and acts of parliament and cwstomes of this and all other well governed nationes The violent intrudeing invadeing and takeing possessione of houses Spoilliatione and away takeing of the goods gere cornes and others belonging to the trwe and righteows owner and the threatening and minaceing of one frie Leidges and Subjects and disposeing upon ther goods and cornes Are crymes of Ane high nature and severelie pwnishable Nevertheles It is of veritie That Sir David Arnot of that ilk and severall others of his accomplices Shakeing off all fear of God and respect to the Lawes of this kingdome did upon the first second third or ane or other of the dayes of the moneth of december Last Came in persone with severall of his servants and accomplices to the house of Earleshall wher the said Alexander Brwce Complainer recided and was in the peaceable possessione of the cornes and fodder not only of the Maynes of Earleshall But also of the teindes of that pairt of the broadlands of Lewchers Commonly called Lewchers Brwce be vertue of ane right and dispositione granted be the said Complainers father to him dated the fourth day of Awgwst2 Last bypast Jaj vic and nyntie Six and ane instrument of possessione theron dated the sixth day of Awgwst alsoe Last bypast And ther notwithstanding he not only knew of the said dispositione and instrwment But alsoe that the said Complainer had entered in ane contract and sold to John Lwndine yownger of Baldestard deput Commissarie appointed be Sir James Oswald of Fingletowne and James Dwnlope merchand in Edinburgh Generall Commissaries appointed for provideing owr forces The haill cornes and Fodder of the barne yeard of Earleshall And that the Same was to be applyed for that wse yet the said Sir David with many threatnings and approbriows words did violently and contrarie to all eqwitie or order of Law Seaze upon the keyes of the barne doors of Earleshall and at his own hand cause David Hendersone tennent in Balbleinchby cast in als many of the saids cornes as two barnes wowld hold at once And therefter cawsed James Key his oun servant and tennent in Pitlethie and William Hay servitor to The Laird of Ballrownie thresh owt the saids cornes and disposed of the Same at his pleasure and haveing violently and owtragiowselie invaded the house and staibles of Earleshall did seaze upon the keyes of the saids staibles and brought his own oxen and putt them therin and made them eat the Straw and caryed the rest to Pitlethie for the rest of his beasts and threatned or forced all or most pairt of the tennents of Earleshall to carry any of the cornes therefter As they were cast and caried away two whole stacks to Pitlethie wnthreshen and all this and much more bangastrie and oppressione the said Complainer is hopefull to make appeare by provatione in downeright contempt of his Jwst and wndoubted right above narrated But also in contempt of our interest who not only had right therto by the foirsaid contract past betuixt Baldaster and the said Complainer and who did as a wise and prudent man arreast the Same As the Letters of arreastment and executione therwith prodwced bears By all which the Said Complainer is wrongousely opposed and his goods violentlie robbed and taken from him without order of Law Extending to the qwantities following viz The Marques of Earleshall payed and which was in the corne yeard at the tyme lybelled Six Chalders victuall corne and Fodder estimat this yeir Jaj vic nyntie seven at Fourtein pwnds the boll is Ane Thousand Thrie Hundereth and Fourtie four pwnds Scotts money And nyn chalders of teind owt of the Lands of Lewchers brwce corne and Fodder estimat at the foirsaid price to Two Thowsand and Sixtein punds And for the damnadges and expensses the said complainer hes bein pwtt to by not fullfilling his former contract and want foirsaid which being fownd proven the said Sir David Arnot is gwiltie of high and manifest oppressione and bangastrie and of a high ryot Committed against the Said Complainer And Therfore owght and Should be decerned by decreit of the Lords of our privie Counsell not only to restore and redelyver to the said Complainer the foirsaids goods cornes and Fodder with what damnadge he hes Sustained by the foirsaid oppressione or the availls and prices therof above settdowne But alsoe ought and Should be furder pwnished in his persone and goods to the example and terror of others to count the lyke in tyme comeing And Anent the charge given to the said defender to have compeared personallie befor the Saids Lords of privie Counsell at ane certaine day now bygone to have answered to the grownds of the above written complaint And to have heard and sein such order and course taken theranent As the Saids Lords Should think fitt wnder the paine of rebellione etc As in the principall lybell or Letters of Complaint and executiones therof at more length is contained The Said lybell being upon the seventinth day of Jwne Last bypast called in presence of the saids Lords And the said persewer compeareing personallie with Sir James Stewart his majesties Advocat as Advocat for the said persewer And the defender Compeareing also personally with Sir David Thores and Mr Robert Whyte advocats his procurators The lybell to probatione And the wittnesses haveing made faith The Cownsell appointed a Committie to examine them Which Comitie haveing accordingly mett They tooke and receaved the oath and depositiones of diverse and famows wittnesses who being all Solemnly Sworne examined and interrogat in the said mater upon ther great oathes deponed and declaired As ther oathes and depositiones extant in proces bears Which process being this day about to be advised by The Saids Lords of his majesties privy Counsell And ther Lordships haveing heard the depositiones of the wittnesses read in ther presence They heirby Remit to The Lords of Counsell and Sessione to proceed in discuss and determine the points lybelled in Commwni forma

1. NRS, PC2/27, 1r-2v.

2. The word ‘also’ scored out here.

1. NRS, PC2/27, 1r-2v.

2. The word ‘also’ scored out here.

Sederunt, 13 July 1697, Edinburgh

Att Edinburgh the Threttein day of Jwlly Jaj vic nyntie seven yeirs1

D1697/7/52

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Twlliebardine; Earl of Southerland; Earl of Marr; Earl of Mortowne; Earl of Lauderdale; Earl of Lothian; Earl of Annandale; Earl of Rwglen; Viscount Tarbat; Lord Secretarie; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomery; Laird of Blackbarrony; Laird of Leyes; Laird of Cessnock; Laird of Kellburne; Sir Patrick Murray

Att Edinburgh the Threttein day of Jwlly Jaj vic nyntie seven yeirs1

D1697/7/52

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Twlliebardine; Earl of Southerland; Earl of Marr; Earl of Mortowne; Earl of Lauderdale; Earl of Lothian; Earl of Annandale; Earl of Rwglen; Viscount Tarbat; Lord Secretarie; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomery; Laird of Blackbarrony; Laird of Leyes; Laird of Cessnock; Laird of Kellburne; Sir Patrick Murray

1. NRS, PC2/27, 1r.

2. NRS, PC2/27, 1r.

1. NRS, PC2/27, 1r.

2. NRS, PC2/27, 1r.

Procedure, 6 July 1697, Edinburgh

Att Edinburgh the sixth day of Jwllie Jaj vic nyntie seven yeirs

D1697/7/41

Procedure

[Note of procedure]

This privat Register begins the Sixth day of Augwst Jaj vic nyntie five yeirs And ends the Sixth of Jwllie Jaj vic nyntie seven yeirs

Att Edinburgh the sixth day of Jwllie Jaj vic nyntie seven yeirs

D1697/7/41

Procedure

[Note of procedure]

This privat Register begins the Sixth day of Augwst Jaj vic nyntie five yeirs And ends the Sixth of Jwllie Jaj vic nyntie seven yeirs

1. NRS, PC2/26, 375r.

1. NRS, PC2/26, 375r.

Act, 6 July 1697, Edinburgh

Att Edinburgh the sixth day of Jwllie Jaj vic nyntie seven yeirs

D1697/7/31

Act

Act and Commissione The Lord Anstruther

The Lords of his majesties privie Cownsell haveing considered a memorandum given in to them by The Lord Anstruther Shewing That by ane act of his majesties most honoreable privie Counsell dated the threttein of December Jaj vic nyntie two Robert Smith of Giblistoun wes appointed and impowered to uplift the vaccant Stipend of the Kirk of Anstruther wester cropts Jaj vic nyntie, nyntie ane, and Jaj vic nyntie two to be imployed for reparatione of the said kirk they being verie rwinows The ministers manse and other piows uses within the desyre of the heretors accepted without any reward or hopes of rewaird for his paines but allenarly to doe the heretors a kindnes And for his fidelitie in intakeing Just compt gave his bond with a Sufficient Cautioner and now the Stipend being uplifted for these their cropts his accompts are readie to cleare and instruct and the ballance readie to give in (which is over the reparations and other uses in the accompt) for rebwilding the old manse or bwying a new one It is therfor humbly desyred that his Lordship would be pleased to move this to the Counsell that a remite or Comissione may be granted to his Lordship as one of his majesties Counsell and one of the heretors of the paroch and any other heretors his Lordship pleases to examine fitt cleare and discharge his accompts receave up the balance in his hand and give up to him his backband which is in the clerks hands This may be Done at home in the Vaccance or if he be necessitat to stay here to waite on it may be tediows and his expensses payed which will be at if he stay here The saids Lords of his majesties privie Counsell haveing considered the above memorandum given in to them direct for The Lord Anstruther They heirby Give full power and warrand to the Lord Anstruther one of ther own number to receave in from Robert Smith of Giblistowne his accompts of the above Stipend and to fitt these accompts receave in the ballance and give discharges if he find jwst and to report to The Counsell that they may order Giblistownes back bond to be given up to him be the Counsell Clerks

Att Edinburgh the sixth day of Jwllie Jaj vic nyntie seven yeirs

D1697/7/31

Act

Act and Commissione The Lord Anstruther

The Lords of his majesties privie Cownsell haveing considered a memorandum given in to them by The Lord Anstruther Shewing That by ane act of his majesties most honoreable privie Counsell dated the threttein of December Jaj vic nyntie two Robert Smith of Giblistoun wes appointed and impowered to uplift the vaccant Stipend of the Kirk of Anstruther wester cropts Jaj vic nyntie, nyntie ane, and Jaj vic nyntie two to be imployed for reparatione of the said kirk they being verie rwinows The ministers manse and other piows uses within the desyre of the heretors accepted without any reward or hopes of rewaird for his paines but allenarly to doe the heretors a kindnes And for his fidelitie in intakeing Just compt gave his bond with a Sufficient Cautioner and now the Stipend being uplifted for these their cropts his accompts are readie to cleare and instruct and the ballance readie to give in (which is over the reparations and other uses in the accompt) for rebwilding the old manse or bwying a new one It is therfor humbly desyred that his Lordship would be pleased to move this to the Counsell that a remite or Comissione may be granted to his Lordship as one of his majesties Counsell and one of the heretors of the paroch and any other heretors his Lordship pleases to examine fitt cleare and discharge his accompts receave up the balance in his hand and give up to him his backband which is in the clerks hands This may be Done at home in the Vaccance or if he be necessitat to stay here to waite on it may be tediows and his expensses payed which will be at if he stay here The saids Lords of his majesties privie Counsell haveing considered the above memorandum given in to them direct for The Lord Anstruther They heirby Give full power and warrand to the Lord Anstruther one of ther own number to receave in from Robert Smith of Giblistowne his accompts of the above Stipend and to fitt these accompts receave in the ballance and give discharges if he find jwst and to report to The Counsell that they may order Giblistownes back bond to be given up to him be the Counsell Clerks

1. NRS, PC2/26, 374r-375r.

1. NRS, PC2/26, 374r-375r.

Order, 6 July 1697, Edinburgh

Att Edinburgh the sixth day of Jwllie Jaj vic nyntie seven yeirs

D1697/7/21

Order

Recomendatione Robert Campbell

The Lords of his majesties privie Counsell haveing considered a petitione given in to them be Robert Campbell in Claddock house of Lochryon who was robbed by a French caper read and The Cownsell doe heirby recomend him to The Lords Commissioners of his majesties thesaurie and recomends to ther Lordships to Deale Kindlie with him in the mater petitioned for

Att Edinburgh the sixth day of Jwllie Jaj vic nyntie seven yeirs

D1697/7/21

Order

Recomendatione Robert Campbell

The Lords of his majesties privie Counsell haveing considered a petitione given in to them be Robert Campbell in Claddock house of Lochryon who was robbed by a French caper read and The Cownsell doe heirby recomend him to The Lords Commissioners of his majesties thesaurie and recomends to ther Lordships to Deale Kindlie with him in the mater petitioned for

1. NRS, PC2/26, 374r.

1. NRS, PC2/26, 374r.

Sederunt, 6 July 1697, Edinburgh

Att Edinburgh the sixth day of Jwllie Jaj vic nyntie seven yeirs1

D1697/7/12

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Twllybardine; Earl of Argyll; Earl of Sowtherland; Earl of Marr; Earl of Morton; Earl of Lawderdale; Earl of Lothian; Earl of Lowdowne; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Ruglen; Viscount Tarbat; Lord Forbes; Lord Secretary Ogilvie; Lord Advocat; Lord Jwstice clerk; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Laird of Pollock; Laird of Leyes; Proveist of Edinburgh; Laird of Kellburne; Sir Patrick Murray

Att Edinburgh the sixth day of Jwllie Jaj vic nyntie seven yeirs1

D1697/7/12

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Twllybardine; Earl of Argyll; Earl of Sowtherland; Earl of Marr; Earl of Morton; Earl of Lawderdale; Earl of Lothian; Earl of Lowdowne; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Ruglen; Viscount Tarbat; Lord Forbes; Lord Secretary Ogilvie; Lord Advocat; Lord Jwstice clerk; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Laird of Pollock; Laird of Leyes; Proveist of Edinburgh; Laird of Kellburne; Sir Patrick Murray

1. NRS, PC2/26, 374r.

2. NRS, PC2/26, 374r.

1. NRS, PC2/26, 374r.

2. NRS, PC2/26, 374r.

Act, 29 June 1697, Edinburgh

Att Edinburgh the twentie nynth of Jwne Jaj vic nyntie seven yeirs

D1697/6/241

Act

Act James Chiseholme

The Lords of his majesties privie Counsell haveing considered a petitione given in to them by Leivetennent James Chiseholme with answers made therto for The Lady Graiden They heirby give order and warrand to the magistrats of Edinburgh and keeper of ther tollbwith to sett at Libertie the said James Chiseholme furth therof he first giveing bond and finding sufficient cautione acted in the books of privie Counsell That he shall appear befor the great court marishall at the horse gwards in Whytehall in England and answer to the lybell or claime persewed be The Lady Graiden against him and that he shall attend all the dyets of that process untill the small discussione therof imediatly efter the first sitting downe of the said court marishall efter this present campaigne shall be over And that wnder the penaltie of Two Hundereth punds Sterleing by and attour the performeance of the premisses

Att Edinburgh the twentie nynth of Jwne Jaj vic nyntie seven yeirs

D1697/6/241

Act

Act James Chiseholme

The Lords of his majesties privie Counsell haveing considered a petitione given in to them by Leivetennent James Chiseholme with answers made therto for The Lady Graiden They heirby give order and warrand to the magistrats of Edinburgh and keeper of ther tollbwith to sett at Libertie the said James Chiseholme furth therof he first giveing bond and finding sufficient cautione acted in the books of privie Counsell That he shall appear befor the great court marishall at the horse gwards in Whytehall in England and answer to the lybell or claime persewed be The Lady Graiden against him and that he shall attend all the dyets of that process untill the small discussione therof imediatly efter the first sitting downe of the said court marishall efter this present campaigne shall be over And that wnder the penaltie of Two Hundereth punds Sterleing by and attour the performeance of the premisses

1. NRS, PC2/26, 373v-374r.

1. NRS, PC2/26, 373v-374r.

Act, 29 June 1697, Edinburgh

Att Edinburgh the twentie nynth of Jwne Jaj vic nyntie seven yeirs

D1697/6/231

Act

Act Commissioners of the Shyre of Edinburgh anent repaireing Highwayes

Anent the petitione given in to the Lords of his majesties privie Counsell by the Commissioners of Supply and Jwstices of peace of the Shyre of Edinburgh Shewing That wher It is ane of the particular instructiones in the petitioners Commissione And they have allwayes made it a great pairt of ther work to take notice of and to amend and repaire the Callseyes and bridges of the Shyre which they have bein assisted and helped to doe by ther Lordships act and gift to them of a Small pettie Custome of six pennies on ilk Loaded cairt and two pennies Scotts on ilk Loaded horse passing the high way of the Shyre which albeit it comes to a small sowme per annum yet by the petitioners manadgement therof for severall yeirs bygone it hes made the highwayes and Some of the bridges in some tollerable caice as is well knowen to all passangers But ther are many of the high wayes not so well repaired as may be and severall of the bridges in hazard to fall and Some new bridges and Callseyes begwn but not completed which gives occasione to the petitioners to address ther Lordships for a continwatione of the said pettie Cwstome which does expyre in Jwlly next and hes bein hitherto well imployed by the petitioners order as will appear from ane accompt therwith produced for six yeirs bygone And which custome if continwed will not only make the bridges of the Shyre in good caise But also doe much to help to repaire the highwayes and compleate Some highwayes and Litle bridges alreadie begwn And therfore humbly craveing to the effect eftermentioned As the said petitione at Length bears Which petitione being upon the tenth day of Jwne instant read in presence of the saids Lords of his majesties privie Cownsell They appointed a Comitie of ther own number to consider the same with the former act of Counsell made in favoures of the petitioners of this petty Cwstome with the acts of parliament made anent repaireing of highwayes with the accompt prodwced with the petitione And to report ther opinion therin to the Cownsell which Comitie haveing accordinglie met they made ther report in the termes following Viz That they haveing considered the accompt (1mo) how the pettie Customes of Edinburgh Shyre have bein bestowed and imployed they find the articles of the said accompt Sufficientlie instrwcted be precepts of the Commissioners and recepts conforme And it is the opinion of the Comitie that the pettie Customes be continwed for thrie yeirs Comenceing from the first of Jwllie next to come and it be recommended to the Earle of Lawderdale and some of the Commissioners to receave in the generall collector of these pitty Customes his accompts And to discharge him if they find Jwst And the saids Lords of his majesties privie Counsell haveing this day considered the above report they approved therof and have Continwed and allowed and heirby continwes and allowes the foirsaid petty Custome of six pennies Scotts on ilk Loaded cairt and two pennies Scotts on ilk Loaded horse for the space of their yeirs yet to rwne Commenceing from the first day of Jwllie next to come and appoints the impositione heirby granted to be imployed in the first place for repaireing his majesties publict highwayes And Discharges any pairt of it to be imployed upon helping of privat wayes till all the publict highwayes be Sufficiently repaired And recomends to The Earle of Lauderdale and Such of the Commissioners of Supply within the Shyre as they shall appoint to receave in the generall collector of the saids pettie Customes his accompts and to cleare the same And if they find Just to discharge him of the same

Att Edinburgh the twentie nynth of Jwne Jaj vic nyntie seven yeirs

D1697/6/231

Act

Act Commissioners of the Shyre of Edinburgh anent repaireing Highwayes

Anent the petitione given in to the Lords of his majesties privie Counsell by the Commissioners of Supply and Jwstices of peace of the Shyre of Edinburgh Shewing That wher It is ane of the particular instructiones in the petitioners Commissione And they have allwayes made it a great pairt of ther work to take notice of and to amend and repaire the Callseyes and bridges of the Shyre which they have bein assisted and helped to doe by ther Lordships act and gift to them of a Small pettie Custome of six pennies on ilk Loaded cairt and two pennies Scotts on ilk Loaded horse passing the high way of the Shyre which albeit it comes to a small sowme per annum yet by the petitioners manadgement therof for severall yeirs bygone it hes made the highwayes and Some of the bridges in some tollerable caice as is well knowen to all passangers But ther are many of the high wayes not so well repaired as may be and severall of the bridges in hazard to fall and Some new bridges and Callseyes begwn but not completed which gives occasione to the petitioners to address ther Lordships for a continwatione of the said pettie Cwstome which does expyre in Jwlly next and hes bein hitherto well imployed by the petitioners order as will appear from ane accompt therwith produced for six yeirs bygone And which custome if continwed will not only make the bridges of the Shyre in good caise But also doe much to help to repaire the highwayes and compleate Some highwayes and Litle bridges alreadie begwn And therfore humbly craveing to the effect eftermentioned As the said petitione at Length bears Which petitione being upon the tenth day of Jwne instant read in presence of the saids Lords of his majesties privie Cownsell They appointed a Comitie of ther own number to consider the same with the former act of Counsell made in favoures of the petitioners of this petty Cwstome with the acts of parliament made anent repaireing of highwayes with the accompt prodwced with the petitione And to report ther opinion therin to the Cownsell which Comitie haveing accordinglie met they made ther report in the termes following Viz That they haveing considered the accompt (1mo) how the pettie Customes of Edinburgh Shyre have bein bestowed and imployed they find the articles of the said accompt Sufficientlie instrwcted be precepts of the Commissioners and recepts conforme And it is the opinion of the Comitie that the pettie Customes be continwed for thrie yeirs Comenceing from the first of Jwllie next to come and it be recommended to the Earle of Lawderdale and some of the Commissioners to receave in the generall collector of these pitty Customes his accompts And to discharge him if they find Jwst And the saids Lords of his majesties privie Counsell haveing this day considered the above report they approved therof and have Continwed and allowed and heirby continwes and allowes the foirsaid petty Custome of six pennies Scotts on ilk Loaded cairt and two pennies Scotts on ilk Loaded horse for the space of their yeirs yet to rwne Commenceing from the first day of Jwllie next to come and appoints the impositione heirby granted to be imployed in the first place for repaireing his majesties publict highwayes And Discharges any pairt of it to be imployed upon helping of privat wayes till all the publict highwayes be Sufficiently repaired And recomends to The Earle of Lauderdale and Such of the Commissioners of Supply within the Shyre as they shall appoint to receave in the generall collector of the saids pettie Customes his accompts and to cleare the same And if they find Just to discharge him of the same

1. NRS, PC2/26, 372v-373r.

1. NRS, PC2/26, 372v-373r.

Sederunt, 29 June 1697, Edinburgh

Att Edinburgh the twentie nynth of Jwne Jaj vic nyntie seven yeirs1

D1697/6/222

Sederunt

Lord Chancellor; Duke of Qweensberry; Earl of Twlliebardine; Earl of Argyll; Earl of Southerland; Earl of Lauderdale; Earl of Lothian; Earl of Annandale; Earl of Ruglen; Viscount Tarbat; Lord Ruthven; Lord Secretary Ogilvie; Lord Advocat; Lord Justiceclerk; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Lord Rankeillor; Laird of Pollock; Laird of Blackbarrony; Laird of Cessnock; Laird of Kellburne; Sir Patrick Murray

Att Edinburgh the twentie nynth of Jwne Jaj vic nyntie seven yeirs1

D1697/6/222

Sederunt

Lord Chancellor; Duke of Qweensberry; Earl of Twlliebardine; Earl of Argyll; Earl of Southerland; Earl of Lauderdale; Earl of Lothian; Earl of Annandale; Earl of Ruglen; Viscount Tarbat; Lord Ruthven; Lord Secretary Ogilvie; Lord Advocat; Lord Justiceclerk; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Lord Rankeillor; Laird of Pollock; Laird of Blackbarrony; Laird of Cessnock; Laird of Kellburne; Sir Patrick Murray

1. NRS, PC2/26, 372r.

2. NRS, PC2/26, 372r.

1. NRS, PC2/26, 372r.

2. NRS, PC2/26, 372r.