Tag Archives: February

Sederunt, 20 February 1694, Edinburgh

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Edinburgh the tuentie day of February Jaj vjc nyntie four years1

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Sederunt

Lord Chancelor; Earl of Melvill; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Raith; Lord Ross; Lord Beilhaven; Lord Polwarth; Lord Advocat; Lord Hatton; Lord Fountanhall; Mr Fr: Montgomery; Sir Thomas Livingston

Edinburgh the tuentie day of February Jaj vjc nyntie four years1

D1694/2/232

Sederunt

Lord Chancelor; Earl of Melvill; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Raith; Lord Ross; Lord Beilhaven; Lord Polwarth; Lord Advocat; Lord Hatton; Lord Fountanhall; Mr Fr: Montgomery; Sir Thomas Livingston

1. NRS, PC2/24, 339v.

2. NRS, PC2/24, 339v.

1. NRS, PC2/24, 339v.

2. NRS, PC2/24, 339v.

Order, 15 February 1694, Edinburgh

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Edinburgh the Fiftein day of February Jaj vjc nyntie four years

D1694/2/221

Order

Recomendation to the Lords of thesaurie William Beattie

Anent a Petitione given in to the Lords of their Majesties privy Councill be William Beattie late baillie of Bervie Shewing That wher ther was a Contrabutione appointed for building of a bridge upon the watter of Bervie so use full and necessary for all travells to the north of Scotland and the petitioner being intrusted therwith did undertake the samen, and have found Cautione acted before the saids Lords for his faithfull Discharge of the said trust of Which the petitioner have alsoe indeavored to acquyt himself at the sight of the Commissioners of the shire And seing that the said burdge most Consist of two arche2s, And that the Contributione hath hitherto been made be warand of the saids Lords act Is all expended and at least a thousand punds more And that the work being so farr advanced It were a double and Irrepairable Loss If it should now desert and not caried on to perfectione all which is attested by ane extract of ane act of the Commissioners of Aberdeen shyre their with produced so that the work being most necessary and Comonly and Justly reckoned amongst pious works alse weell as the building of Churches The petitioner must in all humality apply to the saids Lords as the first incouradgers of the this good work according to the saids Lords their former act of Councill therwith produced to the effect the saids Lords would hold hand to it and at least Recomend the petitioner to the Lords of their Majesties thesaurie for such a Competent allowance as the saids Lords should think requisit for perfecting of the said work And Therefore humbly supplicating to the effect aftermentioned The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above William Beattie They heirby Recommend to the Lords Commissioners of their majesties thesaurie to grant a suitable supply to the petitioner out of the vacand stipends in the shire of Kincardine near to the places wher the bridge in the petitione is building for the ends and uses mentioned in the petitione as their Lordships shall find best and reasonable.

Edinburgh the Fiftein day of February Jaj vjc nyntie four years

D1694/2/221

Order

Recomendation to the Lords of thesaurie William Beattie

Anent a Petitione given in to the Lords of their Majesties privy Councill be William Beattie late baillie of Bervie Shewing That wher ther was a Contrabutione appointed for building of a bridge upon the watter of Bervie so use full and necessary for all travells to the north of Scotland and the petitioner being intrusted therwith did undertake the samen, and have found Cautione acted before the saids Lords for his faithfull Discharge of the said trust of Which the petitioner have alsoe indeavored to acquyt himself at the sight of the Commissioners of the shire And seing that the said burdge most Consist of two arche2s, And that the Contributione hath hitherto been made be warand of the saids Lords act Is all expended and at least a thousand punds more And that the work being so farr advanced It were a double and Irrepairable Loss If it should now desert and not caried on to perfectione all which is attested by ane extract of ane act of the Commissioners of Aberdeen shyre their with produced so that the work being most necessary and Comonly and Justly reckoned amongst pious works alse weell as the building of Churches The petitioner must in all humality apply to the saids Lords as the first incouradgers of the this good work according to the saids Lords their former act of Councill therwith produced to the effect the saids Lords would hold hand to it and at least Recomend the petitioner to the Lords of their Majesties thesaurie for such a Competent allowance as the saids Lords should think requisit for perfecting of the said work And Therefore humbly supplicating to the effect aftermentioned The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above William Beattie They heirby Recommend to the Lords Commissioners of their majesties thesaurie to grant a suitable supply to the petitioner out of the vacand stipends in the shire of Kincardine near to the places wher the bridge in the petitione is building for the ends and uses mentioned in the petitione as their Lordships shall find best and reasonable.

1. NRS, PC2/24, 339r-339v.

2. The letter ‘r’ scored out here.

1. NRS, PC2/24, 339r-339v.

2. The letter ‘r’ scored out here.

Act, 15 February 1694, Edinburgh

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Edinburgh the Fiftein day of February Jaj vjc nyntie four years

D1694/2/211

Act

Act Richard Pulline

Anent a Petition given in to the Lords of ther Majesties privy Councill be Richard Pullin prisoner in the Tolbooth of the Canongate, Shewing That quher the petitioner is Imprisoned upon an pretended clame by Dunigald in Ireland against the petitioner for prosecuteing quherof his Lordship hath granted a Comission to Collonoll Forbes mentioneing that the petitioner without any legall authoritie hade taken up a Considerable soume of money And have made upse of his Lordships name and Contracted debt to the value of one Thousand pounds sterling of the rent But hade obsconded himself and Caried away papers of Concernment As to this Complaint it is humbly represented that being a stranger not only Ignorant of the Lawes and Custome of this peace bot altogither unknowen here as to his Lyfe and Conversatione It Cannot be expected that the petitioner could find baill for tat soume But that the petitioner doeth understand that it does not Consist with the lawes of this natione to sease upon or secure any mans persone upon the account of Civill Clame But that the clame must be Constitute by Decreet upon citatione And that the Decreet being obtained dilligence must be execute upon a Competent number of dayes, And therafter if no obedience be given the Law allowes personall Imprisonment as this is the Law to the subjects of this natione, so the petitioner being a stranger might Justly declyne to answer before any Judicatory upon the account of any debt or even a misdemaner unless the same hade been Comitted dureing his abode within the natione, or against their majesties government within the thrie kingdomes If the petitioner were Culpable of any such offence, The petitioner doe acknowledge that he might be brought to ane account or punished quher ever the petitioner were apprehended within any of their majesties Dominions But the petitioner does Contend that the petitioner can neither be present nor detained in prisone nor oblidged to answer to any Judicatur of this natione, upon the account of any privat debt not Contraverted in it, or for the Cause of any alledged misdemanor in another natione, being of a privat Concerne, And it is not agreeable to the Law of nationes to attach any stranger demaneing himself peacably upon the accompt of any pretended misdemaner in another natione, But at least if a Stranger were at all Conveenable, he ought to have the priviledge of subjects, And seing no subject could be thus sumarly seazed or detained in prison The petitioner humbly expects that upon this his applicatione, The Lords would Grant his Liberatione Tertio ther is no present evidence or instructione of misdemanor or debt offered, upon the Contrary the Earles factory bears that the petitioner was his late servant, and if the petitioner was dissmissed from his service, without any Complaint It is very hard that the petitioner should be seized upon Summer applicatione without any other evidence or instructione But that the earle hath been prevailled upon to declair that the petitioner hath intromitted with his money and seaze upon his papers Which the petitioners absolutely deny and he is willing to purge himself if both upon oath, And farder the petitioner is willing to depone that he hade the opportunity to see the Earle at Rotchester in England since the petitioner was Discharged of his Sort And then ther was not the least mentione of any clame against the petitioner Bot on the Contrary the Earle was pleased to invite the petitioner to returne to his service, so that the petitioner is above measure surprissed with this wholl matter and procedur, And Therfore Humbly Craveing the saids Lords to Consider that he was not charged with any offence or misdemanor against the government of this natione nor upon any publict account or offence against their Majesties whom god long preserve, And to Consider Whither it be agreeable to the lawes of this natione to oblidge the petitioner to answer to any private clame or Complaint in relatione to what the petitioner is alledged to have acted or owed in another kingdome, And if the petitioner be at all oblidged to answer in relatione to such matters, Whither the petitioner have not the priviledge of other subjects, And Cannot be detained in prison, And Therfore to appoint the petitioners liberatione at the least that the petitioner may be put in his Chamber under a guard upon the petitioner oun charge untill his case be farder heard as the said petition bears The Lords of their Majesties privy Councill haveing Considered this petitione given in to the be the above Richard Pulline with the Earle of Dingalls Commmissione mentioned in the said petition, They heirby ordaine the Earle of Dungald or any haveing Commission from him to insist against the petitioner for any thing he has to Lay to his charge and that before any Judge Competant within this kingdome betwixt and the fifteinth day of march nixt to come And Ordaines the petitioner to find suficient Cautione acted in the books of privy Councill that he shall attend the dyets of 2 process to be intented and executione of the sentance to be pronunced against him untill the forsaid day And upon finding of this Cautione gives order and warrand to the magistrats of Edinburgh baillies of the Cannogate and keeper of their Tolbooth or Commanding officer of the guards under whose Custody the petitioner may be to3 sett him att Libertie.

Edinburgh the Fiftein day of February Jaj vjc nyntie four years

D1694/2/211

Act

Act Richard Pulline

Anent a Petition given in to the Lords of ther Majesties privy Councill be Richard Pullin prisoner in the Tolbooth of the Canongate, Shewing That quher the petitioner is Imprisoned upon an pretended clame by Dunigald in Ireland against the petitioner for prosecuteing quherof his Lordship hath granted a Comission to Collonoll Forbes mentioneing that the petitioner without any legall authoritie hade taken up a Considerable soume of money And have made upse of his Lordships name and Contracted debt to the value of one Thousand pounds sterling of the rent But hade obsconded himself and Caried away papers of Concernment As to this Complaint it is humbly represented that being a stranger not only Ignorant of the Lawes and Custome of this peace bot altogither unknowen here as to his Lyfe and Conversatione It Cannot be expected that the petitioner could find baill for tat soume But that the petitioner doeth understand that it does not Consist with the lawes of this natione to sease upon or secure any mans persone upon the account of Civill Clame But that the clame must be Constitute by Decreet upon citatione And that the Decreet being obtained dilligence must be execute upon a Competent number of dayes, And therafter if no obedience be given the Law allowes personall Imprisonment as this is the Law to the subjects of this natione, so the petitioner being a stranger might Justly declyne to answer before any Judicatory upon the account of any debt or even a misdemaner unless the same hade been Comitted dureing his abode within the natione, or against their majesties government within the thrie kingdomes If the petitioner were Culpable of any such offence, The petitioner doe acknowledge that he might be brought to ane account or punished quher ever the petitioner were apprehended within any of their majesties Dominions But the petitioner does Contend that the petitioner can neither be present nor detained in prisone nor oblidged to answer to any Judicatur of this natione, upon the account of any privat debt not Contraverted in it, or for the Cause of any alledged misdemanor in another natione, being of a privat Concerne, And it is not agreeable to the Law of nationes to attach any stranger demaneing himself peacably upon the accompt of any pretended misdemaner in another natione, But at least if a Stranger were at all Conveenable, he ought to have the priviledge of subjects, And seing no subject could be thus sumarly seazed or detained in prison The petitioner humbly expects that upon this his applicatione, The Lords would Grant his Liberatione Tertio ther is no present evidence or instructione of misdemanor or debt offered, upon the Contrary the Earles factory bears that the petitioner was his late servant, and if the petitioner was dissmissed from his service, without any Complaint It is very hard that the petitioner should be seized upon Summer applicatione without any other evidence or instructione But that the earle hath been prevailled upon to declair that the petitioner hath intromitted with his money and seaze upon his papers Which the petitioners absolutely deny and he is willing to purge himself if both upon oath, And farder the petitioner is willing to depone that he hade the opportunity to see the Earle at Rotchester in England since the petitioner was Discharged of his Sort And then ther was not the least mentione of any clame against the petitioner Bot on the Contrary the Earle was pleased to invite the petitioner to returne to his service, so that the petitioner is above measure surprissed with this wholl matter and procedur, And Therfore Humbly Craveing the saids Lords to Consider that he was not charged with any offence or misdemanor against the government of this natione nor upon any publict account or offence against their Majesties whom god long preserve, And to Consider Whither it be agreeable to the lawes of this natione to oblidge the petitioner to answer to any private clame or Complaint in relatione to what the petitioner is alledged to have acted or owed in another kingdome, And if the petitioner be at all oblidged to answer in relatione to such matters, Whither the petitioner have not the priviledge of other subjects, And Cannot be detained in prison, And Therfore to appoint the petitioners liberatione at the least that the petitioner may be put in his Chamber under a guard upon the petitioner oun charge untill his case be farder heard as the said petition bears The Lords of their Majesties privy Councill haveing Considered this petitione given in to the be the above Richard Pulline with the Earle of Dingalls Commmissione mentioned in the said petition, They heirby ordaine the Earle of Dungald or any haveing Commission from him to insist against the petitioner for any thing he has to Lay to his charge and that before any Judge Competant within this kingdome betwixt and the fifteinth day of march nixt to come And Ordaines the petitioner to find suficient Cautione acted in the books of privy Councill that he shall attend the dyets of 2 process to be intented and executione of the sentance to be pronunced against him untill the forsaid day And upon finding of this Cautione gives order and warrand to the magistrats of Edinburgh baillies of the Cannogate and keeper of their Tolbooth or Commanding officer of the guards under whose Custody the petitioner may be to3 sett him att Libertie.

1. NRS, PC2/24, 337v-339r.

2. The word ‘Criminall’ scored out here.

3. Insertion.

1. NRS, PC2/24, 337v-339r.

2. The word ‘Criminall’ scored out here.

3. Insertion.

Procedure, 15 February 1694, Edinburgh

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Edinburgh the Fiftein day of February Jaj vjc nyntie four years

D1694/2/201

Procedure

Remit Gracie Against Brown

Anent the Lybell or Complaint raised and pursued before the Lords of their majesties privy Councill be William Greicie in Midglen within the parish of New Abbay and Sir James Stewart ther Majesties advocat for their highnes intrest in the matter underwritten Makeing Mentione That quher by the law of this and all other weell governed nationes the invadeing beatting and wounding to the effussione off blood of their majesties leidges and vowing and threatning to be their dead and prosecuteing of them with Warr like wapons for that effect be Crymes of ane high nature and severly punishable and the Comitters therof ought to be bound to their majesties peace least they may Committ the like or worse afterwards nevertheless It is of verity that upon the twentieone or twentietwo dayes of June Jaj vjc nyntie two years or one or other of the dayes of the said moneth the said William Greicie haveing accidentally mett with Robert Browne of Bishoptoune at New Abbay and not dreading or fearing any harme nor prejudice from him The said Robert without any provocatione or offence given to him did fall upon the said pursuer and most desperatly beat bruise and wound the pursuer in his head and severall other parts of his body to the effusione of his blood in great quantitie, and his malice and Rankor against him not haveing been saitisfied with these Cruell and blood stroaks, He pulled out a pistoll and vowed and threatned that he would presently shoott the pursuer dead therwith and hade actually done and bereaved him of his life if he hade not been stopped by people that were present at the time Wherby the said Robert Brown is guilty of ane high and manifast Ryot and Injury and oppression And Therfore ought not only to be severly punished in his persone and goods to the terror of others But likwayes bound to the peace in time comeing And Anent the Charge given to the said defender To have Compeired before the saids Lords this day To have answered to the grounds of the above Complaint and to have heard and seen such order and Course taken theranent as appertaines under the paine of rebellion and puting him to the horne with Certificatione to him if he fallied he should be denunced ther majesties rebell and put therto as in the forsaid Lybell or Complaint and executiones therof at more lenth is Contained Which Lybell or Complaint being this day called in presence of the saids Lords of privy Councill And the pursuer Compeiring personally with Mr David Cuninghame his advocat, And the defender Compeiring alsoe personally with Sir James Ogilvie his advocat The said Lybell and answers being read and the saids Lords of privy Councill haveing Considered the same with the Stewart of Kirkcudbright his precept upon a decreet pronunced be him against the defender at the procurator phiscalls instance fyneing the defender in fiftie punds scots as a blood and battary for the above Ryot and in twelue punds scots of assychment to the partie damnified with the procurator phiscalls Discharge of the fiftie pund They Refuse to sustaine process upon the above Lybell before their Lordships in respect of the meaness of the matter But Remitts to the pursuer if he thinks fitt yet to pursue the same before the Judge Competent Notwithstanding of the above Decreet allready pronunced be the Stewart of Kirkcudbright In Respect the pursuer is not Compeiring in the Decreet.

Edinburgh the Fiftein day of February Jaj vjc nyntie four years

D1694/2/201

Procedure

Remit Gracie Against Brown

Anent the Lybell or Complaint raised and pursued before the Lords of their majesties privy Councill be William Greicie in Midglen within the parish of New Abbay and Sir James Stewart ther Majesties advocat for their highnes intrest in the matter underwritten Makeing Mentione That quher by the law of this and all other weell governed nationes the invadeing beatting and wounding to the effussione off blood of their majesties leidges and vowing and threatning to be their dead and prosecuteing of them with Warr like wapons for that effect be Crymes of ane high nature and severly punishable and the Comitters therof ought to be bound to their majesties peace least they may Committ the like or worse afterwards nevertheless It is of verity that upon the twentieone or twentietwo dayes of June Jaj vjc nyntie two years or one or other of the dayes of the said moneth the said William Greicie haveing accidentally mett with Robert Browne of Bishoptoune at New Abbay and not dreading or fearing any harme nor prejudice from him The said Robert without any provocatione or offence given to him did fall upon the said pursuer and most desperatly beat bruise and wound the pursuer in his head and severall other parts of his body to the effusione of his blood in great quantitie, and his malice and Rankor against him not haveing been saitisfied with these Cruell and blood stroaks, He pulled out a pistoll and vowed and threatned that he would presently shoott the pursuer dead therwith and hade actually done and bereaved him of his life if he hade not been stopped by people that were present at the time Wherby the said Robert Brown is guilty of ane high and manifast Ryot and Injury and oppression And Therfore ought not only to be severly punished in his persone and goods to the terror of others But likwayes bound to the peace in time comeing And Anent the Charge given to the said defender To have Compeired before the saids Lords this day To have answered to the grounds of the above Complaint and to have heard and seen such order and Course taken theranent as appertaines under the paine of rebellion and puting him to the horne with Certificatione to him if he fallied he should be denunced ther majesties rebell and put therto as in the forsaid Lybell or Complaint and executiones therof at more lenth is Contained Which Lybell or Complaint being this day called in presence of the saids Lords of privy Councill And the pursuer Compeiring personally with Mr David Cuninghame his advocat, And the defender Compeiring alsoe personally with Sir James Ogilvie his advocat The said Lybell and answers being read and the saids Lords of privy Councill haveing Considered the same with the Stewart of Kirkcudbright his precept upon a decreet pronunced be him against the defender at the procurator phiscalls instance fyneing the defender in fiftie punds scots as a blood and battary for the above Ryot and in twelue punds scots of assychment to the partie damnified with the procurator phiscalls Discharge of the fiftie pund They Refuse to sustaine process upon the above Lybell before their Lordships in respect of the meaness of the matter But Remitts to the pursuer if he thinks fitt yet to pursue the same before the Judge Competent Notwithstanding of the above Decreet allready pronunced be the Stewart of Kirkcudbright In Respect the pursuer is not Compeiring in the Decreet.

1. NRS, PC2/24, 336v-337v.

1. NRS, PC2/24, 336v-337v.

Act, 15 February 1694, Edinburgh

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Edinburgh the Fiftein day of February Jaj vjc nyntie four years

D1694/2/191

Act

Act Stewart of Bigtoun

Anent a petition given in to the Lords of their Majesties privy Councill be Charles Stewart of Bigtoune for himself and the rest of the heritors of Zetland his Constituents Shewing That the petitioners forced by a long and grivious oppression that they have suffered from a few of their fellow heritors and Mr John Mitchell ther Collector Did raise letters before the saids Lords and did execute the same duely against the said Mr John Mitchell at that time in Edinburgh but tho the petitioners took a long day and were at much pains yet they could not find a messenger in all Orkney or Zetland to execute the saids letter against the said heritors Wherupon when the letters were Called before the saids Lords the petitioner Could only insist against the said Mr John Mitchell But he knowing the hinderence the petitioner hade mett with did also absent And the saids Lords admitted Certificatione against him simpliciter delaying the principal affair untill the first Councill day of June Wherupon it hapned to be sugested after parties were removed that the extracting of the Certification might Likwayes be Superceeded Untill the said Councill day in June and it persued as a thing indifferent Wheras the petitioner most humbly represents to the saids Lords that to superceed the extracting of the Certificatione till June is Just to grant non seing at that time if he appear not the petitioner would get a new Certificat of Course And that the petitioner may assum the saids Lords from experience after now thrie or four years that this pursuit has been frustrat by delayes That unless the petitioner gett out the said Certificatione against the said Mr John Mitchell the petitioner shall still be postponed And Therfore Humbly Craveing to the effect aftermentioned The Lords of their Majesties privy Councill haveing Considered this petitione given in to them be the above Charles Stewart of Bigtoune They heirby take of the above supercidere And Ordaines the above Certificatione to be extracted simply without any suppercieiding either of extract or executione.

Edinburgh the Fiftein day of February Jaj vjc nyntie four years

D1694/2/191

Act

Act Stewart of Bigtoun

Anent a petition given in to the Lords of their Majesties privy Councill be Charles Stewart of Bigtoune for himself and the rest of the heritors of Zetland his Constituents Shewing That the petitioners forced by a long and grivious oppression that they have suffered from a few of their fellow heritors and Mr John Mitchell ther Collector Did raise letters before the saids Lords and did execute the same duely against the said Mr John Mitchell at that time in Edinburgh but tho the petitioners took a long day and were at much pains yet they could not find a messenger in all Orkney or Zetland to execute the saids letter against the said heritors Wherupon when the letters were Called before the saids Lords the petitioner Could only insist against the said Mr John Mitchell But he knowing the hinderence the petitioner hade mett with did also absent And the saids Lords admitted Certificatione against him simpliciter delaying the principal affair untill the first Councill day of June Wherupon it hapned to be sugested after parties were removed that the extracting of the Certification might Likwayes be Superceeded Untill the said Councill day in June and it persued as a thing indifferent Wheras the petitioner most humbly represents to the saids Lords that to superceed the extracting of the Certificatione till June is Just to grant non seing at that time if he appear not the petitioner would get a new Certificat of Course And that the petitioner may assum the saids Lords from experience after now thrie or four years that this pursuit has been frustrat by delayes That unless the petitioner gett out the said Certificatione against the said Mr John Mitchell the petitioner shall still be postponed And Therfore Humbly Craveing to the effect aftermentioned The Lords of their Majesties privy Councill haveing Considered this petitione given in to them be the above Charles Stewart of Bigtoune They heirby take of the above supercidere And Ordaines the above Certificatione to be extracted simply without any suppercieiding either of extract or executione.

1. NRS, PC2/24, 336r-336v.

1. NRS, PC2/24, 336r-336v.

Act, 15 February 1694, Edinburgh

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Edinburgh the Fiftein day of February Jaj vjc nyntie four years

D1694/2/181

Act

Act The toune of Glasgow

Anent a Petition given in to the Lords of ther majesties privy Councill be The magistrats and toune Councill of Glassgow 2 in name of the Comunitie therof Shewing That quher of the present Levie that falls to the shyre of Lanerk ane hundreth and fourtie nyne men off which number the Commissioners of shyres have Cast upon Glasgow the fourtie nyne men as the thrid part therof Joyning to Glasgow for a pretext only the burghs of Lanerk and Rutherglen which will scarce fall thrie of this number The burgh of Glasgow though allwayes most foreward in everything that concernes ther majesties service are necessitat to represent to the saids Lords that this is a manifast in equallity in as much as it holds no proportione with the shyre whither the rule be Laid doune by valued rent or numbers of men for as to the valued rent sixtein Hundred twentie pund does only fall in the shyre to put out ane man, Which certainely by proportion would not cast the tenth lett be the thrid man upon Glasgow, and as to the numbers of men ther are about fiftie parishes in Clidsdale quhich Cannot be estimat to four 3 Hundered4 fencible men in the parish in all twentie thousand Wherof it is still Impossible that Glasgow can be reckoned more then a tenth But the reasone of the present Deficulty is that the foot militia was never raised within the shyre of Lanerk, and when ther foot were converted into horss all the proportion that the petitioners did then bear of the wholl two hundred house was but Eleven for though the shyre made the thrie burgh seventein yet becaus Lanerk and Rutherglen could make but Litle or no assistance the shyre was content to take Eleven for Glasgow, The Commissioners of the shyre doe alsoe pretend another most falacious rule, viz that the burghs bear the sixt part of the publict burdeins of the kingdome Which makes of the thrie thousand new to be Levied five hundred to fall to the burghs, And Glasgowes part of that five Hundreth they alledge to be at least fourtie nyne if not more But this can be no rule seing it is a quyt different thing what part the burghs doe bear of Cess And what they ought to bear of Levies, And Therfore seing that the true rule must and ought to be their proportione with the shire aither as to the numbers of man or quantitie of valued rent And Therfore humbly Supplicating the saids Lords to the effect aftermentioned The Lords of their Majesties privy Councill Haveing Considered this petitione given in to them be the Magistrats of Glassgow They heirby authorize and Impower The Lord Blantyre Sir John Maxwell of Pollock and William Cuninghame of Craigens or any two of them to meet at the toune of Rutherglen upon any day they shall think fit and to hear both parties and to desyde and determine as they shall find Just upon the points and Difference betwixt the Commissioners of the shire and the magistrats of Glassgow represented in the said petitione And appoints both parties to stand by and give obedience to the sentance and determinatione of the abovenamed persones or any two of them authorized as said is, And appoints the persones So authorized to cause intimatione to be made to the saids Commissioners and magistrats of the day Wherupon they are to meet at Rutherglen To the effect the Commissioners and magistrats may give attendance.

Edinburgh the Fiftein day of February Jaj vjc nyntie four years

D1694/2/181

Act

Act The toune of Glasgow

Anent a Petition given in to the Lords of ther majesties privy Councill be The magistrats and toune Councill of Glassgow 2 in name of the Comunitie therof Shewing That quher of the present Levie that falls to the shyre of Lanerk ane hundreth and fourtie nyne men off which number the Commissioners of shyres have Cast upon Glasgow the fourtie nyne men as the thrid part therof Joyning to Glasgow for a pretext only the burghs of Lanerk and Rutherglen which will scarce fall thrie of this number The burgh of Glasgow though allwayes most foreward in everything that concernes ther majesties service are necessitat to represent to the saids Lords that this is a manifast in equallity in as much as it holds no proportione with the shyre whither the rule be Laid doune by valued rent or numbers of men for as to the valued rent sixtein Hundred twentie pund does only fall in the shyre to put out ane man, Which certainely by proportion would not cast the tenth lett be the thrid man upon Glasgow, and as to the numbers of men ther are about fiftie parishes in Clidsdale quhich Cannot be estimat to four 3 Hundered4 fencible men in the parish in all twentie thousand Wherof it is still Impossible that Glasgow can be reckoned more then a tenth But the reasone of the present Deficulty is that the foot militia was never raised within the shyre of Lanerk, and when ther foot were converted into horss all the proportion that the petitioners did then bear of the wholl two hundred house was but Eleven for though the shyre made the thrie burgh seventein yet becaus Lanerk and Rutherglen could make but Litle or no assistance the shyre was content to take Eleven for Glasgow, The Commissioners of the shyre doe alsoe pretend another most falacious rule, viz that the burghs bear the sixt part of the publict burdeins of the kingdome Which makes of the thrie thousand new to be Levied five hundred to fall to the burghs, And Glasgowes part of that five Hundreth they alledge to be at least fourtie nyne if not more But this can be no rule seing it is a quyt different thing what part the burghs doe bear of Cess And what they ought to bear of Levies, And Therfore seing that the true rule must and ought to be their proportione with the shire aither as to the numbers of man or quantitie of valued rent And Therfore humbly Supplicating the saids Lords to the effect aftermentioned The Lords of their Majesties privy Councill Haveing Considered this petitione given in to them be the Magistrats of Glassgow They heirby authorize and Impower The Lord Blantyre Sir John Maxwell of Pollock and William Cuninghame of Craigens or any two of them to meet at the toune of Rutherglen upon any day they shall think fit and to hear both parties and to desyde and determine as they shall find Just upon the points and Difference betwixt the Commissioners of the shire and the magistrats of Glassgow represented in the said petitione And appoints both parties to stand by and give obedience to the sentance and determinatione of the abovenamed persones or any two of them authorized as said is, And appoints the persones So authorized to cause intimatione to be made to the saids Commissioners and magistrats of the day Wherupon they are to meet at Rutherglen To the effect the Commissioners and magistrats may give attendance.

1. NRS, PC2/24, 335r-336r.

2. The word ‘and’ scored out here.

3. The word ‘Thousand’ scored out here.

4. Insertion.

1. NRS, PC2/24, 335r-336r.

2. The word ‘and’ scored out here.

3. The word ‘Thousand’ scored out here.

4. Insertion.

Act, 15 February 1694, Edinburgh

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Act

Act The Countes of Rothes and Laird of Grant

Anent a Petition given in to the Lords of their majesties privy Councill be Margrat Countes of Rothes and Lodovick Grant of that ilk Shewing That quher the Levy of men ordered by the Seventh act of the last sessione of the Current parliament is appointed to be made according to the numbers formerly observed in the Militia and the petitioners intrest in the shyre of Murray by ane act of Councill dated the twentie Jully Jaj vjc seventie one years They Ordained to be modelled and setled equally among the rest of the lands in that shyre and Division without any distinctione betwixt the high and Low Countries, as the said act past after full hearing of parties in it self more fully proports notwithstanding quherof the Commissioners of Supplie and Militia takeing occasione of the petitioners absence and favoring their oun intrests in prejudice of the petitioners Did at their meeting the sixteinth of January last most unequally and unjustly allow one ane Hundred punds scots valued rent to the petitioners for each man of their proportione Wheras they assumed two hundred merks valued rent for each man of their oun quota and did stent the Levies accordingly without any respect to the act of parliament Or act of Councill, according to which the act of parliament ought to have been put to execution And now seing the petitioners intrest will be stressed by sumar executione according to the forsaid unequall and unjust stent Contrare to the acts of parliament and Councill in their favors unles the saids Lords would provyd remeed theranent And Therfore humbly Craveing the saids Lords would Consider the premises Which are instantly instructed by the forsaid act of Councill and the protestationes taken against the saids Commisioners therwith produced and to ordaine the saids Commissioners (who allready have been ordained be the saids Lords to see and answer but have given in no answer) To rectifie the said stent by ane equall rule over the wholl shire and Divisione according to the forsaid act of Councill theranent and in the mean time to sist all executione against the petitioners for any greater proportion of men then the rest of the said shyre and divisione are Lyable in effeiring to their valued rent as the said petitione bears The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Countes of Rothes and Laird of Grant They heirby appoynt the Commissioners of Supply within the shyre of Murray againe to meet proceed and rectifie what may be amiss in proportioneing the above Levies upon the petitioners conforme to the acts of parliament and acts proclamationes and orders of Councill made theranent.

Edinburgh the Fiftein day of February Jaj vjc nyntie four years

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Act

Act The Countes of Rothes and Laird of Grant

Anent a Petition given in to the Lords of their majesties privy Councill be Margrat Countes of Rothes and Lodovick Grant of that ilk Shewing That quher the Levy of men ordered by the Seventh act of the last sessione of the Current parliament is appointed to be made according to the numbers formerly observed in the Militia and the petitioners intrest in the shyre of Murray by ane act of Councill dated the twentie Jully Jaj vjc seventie one years They Ordained to be modelled and setled equally among the rest of the lands in that shyre and Division without any distinctione betwixt the high and Low Countries, as the said act past after full hearing of parties in it self more fully proports notwithstanding quherof the Commissioners of Supplie and Militia takeing occasione of the petitioners absence and favoring their oun intrests in prejudice of the petitioners Did at their meeting the sixteinth of January last most unequally and unjustly allow one ane Hundred punds scots valued rent to the petitioners for each man of their proportione Wheras they assumed two hundred merks valued rent for each man of their oun quota and did stent the Levies accordingly without any respect to the act of parliament Or act of Councill, according to which the act of parliament ought to have been put to execution And now seing the petitioners intrest will be stressed by sumar executione according to the forsaid unequall and unjust stent Contrare to the acts of parliament and Councill in their favors unles the saids Lords would provyd remeed theranent And Therfore humbly Craveing the saids Lords would Consider the premises Which are instantly instructed by the forsaid act of Councill and the protestationes taken against the saids Commisioners therwith produced and to ordaine the saids Commissioners (who allready have been ordained be the saids Lords to see and answer but have given in no answer) To rectifie the said stent by ane equall rule over the wholl shire and Divisione according to the forsaid act of Councill theranent and in the mean time to sist all executione against the petitioners for any greater proportion of men then the rest of the said shyre and divisione are Lyable in effeiring to their valued rent as the said petitione bears The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Countes of Rothes and Laird of Grant They heirby appoynt the Commissioners of Supply within the shyre of Murray againe to meet proceed and rectifie what may be amiss in proportioneing the above Levies upon the petitioners conforme to the acts of parliament and acts proclamationes and orders of Councill made theranent.

1. NRS, PC2/24, 334v-335r.

1. NRS, PC2/24, 334v-335r.

Act, 15 February 1694, Edinburgh

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Act

Act Captain Kinersbie

Anent a Petitione given in to the Lords of their Majesties privy Councill be Captain Thomas Kinnersbie Shewing That quher the petitioner haveing a number of horsses to sell did take the assistance of Richard Cullen in the sale therof And the said Richard being lately apprehended and put in prisone the petitioners horsses are seazed upon and secured as belonging to the belonging to the2 said Richard Pullen as to which the petitioners humbly represent to the saids Lords that being a Stranger in this place and whollie Ignorant of the lawes and Custome of the natione the petitioner shall not take upon him to say any thing in relation to the method of sumar seazur of goods But seing the same are secured upon the suppositione that they did belong to the said Richard Pullin And that they truely belong to the petitioner he humbly conceaved the saids Lords would not find it suitable to reason that his goods should be detained upon the account of another persone, And for clearing that the horsses are the petitioners in the first place he is willing to give his oath upon it Which would defend them in case of a legall executione against Mr Pullin much more in this case of a Samen seizur /2o/ If the saids Lords fand it needfull he would prove it by Mr Pullins oath or Tertio he was able to prove it by the oathes of the servant who keep the horsses And Therfore humbly Craveing the saids Lords to Consider that he was a Stranger haveing neither freinds in this place nor knowledge of the Customes and Lawes therof And that his horsses being heir for sale he was both at a Considerable expence and doe Loss his time and opportunity of marcats That therfor their Lordships would appoint his horsses to be restored upon his oath that the same doe properly belong to him or upon his proveing the property in maner abovementioned Which is all the evidence that the nature of the thing can admitt off as the petitione bears The Lords of their majesties privy Councill haveing Considered this petition given in to them be the above Captain Kinnersbie They heirby Appoint the horsses mentioned in the above petition To be disposed of be him as his oun horsses at his pleasure for Which this shall be a suficient warrand to all persones concerned.

Edinburgh the Fiftein day of February Jaj vjc nyntie four years

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Act

Act Captain Kinersbie

Anent a Petitione given in to the Lords of their Majesties privy Councill be Captain Thomas Kinnersbie Shewing That quher the petitioner haveing a number of horsses to sell did take the assistance of Richard Cullen in the sale therof And the said Richard being lately apprehended and put in prisone the petitioners horsses are seazed upon and secured as belonging to the belonging to the2 said Richard Pullen as to which the petitioners humbly represent to the saids Lords that being a Stranger in this place and whollie Ignorant of the lawes and Custome of the natione the petitioner shall not take upon him to say any thing in relation to the method of sumar seazur of goods But seing the same are secured upon the suppositione that they did belong to the said Richard Pullin And that they truely belong to the petitioner he humbly conceaved the saids Lords would not find it suitable to reason that his goods should be detained upon the account of another persone, And for clearing that the horsses are the petitioners in the first place he is willing to give his oath upon it Which would defend them in case of a legall executione against Mr Pullin much more in this case of a Samen seizur /2o/ If the saids Lords fand it needfull he would prove it by Mr Pullins oath or Tertio he was able to prove it by the oathes of the servant who keep the horsses And Therfore humbly Craveing the saids Lords to Consider that he was a Stranger haveing neither freinds in this place nor knowledge of the Customes and Lawes therof And that his horsses being heir for sale he was both at a Considerable expence and doe Loss his time and opportunity of marcats That therfor their Lordships would appoint his horsses to be restored upon his oath that the same doe properly belong to him or upon his proveing the property in maner abovementioned Which is all the evidence that the nature of the thing can admitt off as the petitione bears The Lords of their majesties privy Councill haveing Considered this petition given in to them be the above Captain Kinnersbie They heirby Appoint the horsses mentioned in the above petition To be disposed of be him as his oun horsses at his pleasure for Which this shall be a suficient warrand to all persones concerned.

1. NRS, PC2/24, 333v-334r.

2. Sic.

1. NRS, PC2/24, 333v-334r.

2. Sic.

Sederunt, 15 February 1694, Edinburgh

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Sederunt

Lord Chancelor; Earl of Southerland; Earl of Leven; Earl of Anandale; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Ross; Lord Beilhaven; Lord Polwarth; Master of Forbes; Lord Advocat; Lord Hatton; Lord Enstruther; Mr Fr: Montgomery; Sir Thomas Livingston

Edinburgh the Fiftein day of February Jaj vjc nyntie four years1

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Sederunt

Lord Chancelor; Earl of Southerland; Earl of Leven; Earl of Anandale; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Ross; Lord Beilhaven; Lord Polwarth; Master of Forbes; Lord Advocat; Lord Hatton; Lord Enstruther; Mr Fr: Montgomery; Sir Thomas Livingston

1. NRS, PC2/24, 333v.

2. NRS, PC2/24, 333v.

1. NRS, PC2/24, 333v.

2. NRS, PC2/24, 333v.

Warrant, 13 February 1694, Edinburgh

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Edinburgh the Thretteinth February Jaj vjc nyntie four years

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Warrant

Warrand for detaineing John and William and James2 Hamiltons prisoners in the Tolbooth

The Lords of their Majesties privy Councill heirby superceid to give answers to the petitione presented to them be John William and James Hamiltones sones to John Hamilton merchant in Killmarnock John Harysone in the parish of Hesket near Carlyll in England and David Stivensone at Walkerhead Neeburgh in Westmuirland prisoners in the Tolbooth of the Cannogate and in the mean time Discharges the magistrats of Edinburgh baillies of the Cannogate and keeper of their tolbooth to deliver the petition to the persones by whom they were incarcerat But Ordaines them to detaine the saids petitioners and every one of them within ther tolbooth untill the petition be Considered and interloquitor given theron determineing the subject matter of the samen.

Edinburgh the Thretteinth February Jaj vjc nyntie four years

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Warrant

Warrand for detaineing John and William and James2 Hamiltons prisoners in the Tolbooth

The Lords of their Majesties privy Councill heirby superceid to give answers to the petitione presented to them be John William and James Hamiltones sones to John Hamilton merchant in Killmarnock John Harysone in the parish of Hesket near Carlyll in England and David Stivensone at Walkerhead Neeburgh in Westmuirland prisoners in the Tolbooth of the Cannogate and in the mean time Discharges the magistrats of Edinburgh baillies of the Cannogate and keeper of their tolbooth to deliver the petition to the persones by whom they were incarcerat But Ordaines them to detaine the saids petitioners and every one of them within ther tolbooth untill the petition be Considered and interloquitor given theron determineing the subject matter of the samen.

1. NRS, PC2/24, 333r-333v.

2. The words ‘and James’ are an insertion.

1. NRS, PC2/24, 333r-333v.

2. The words ‘and James’ are an insertion.