Judicial Proceeding, 25 January 1698, Edinburgh

Att Edinburgh the twentie fifth day of Janwary Jaj vic nyntie eight yeirs

D1698/1/191

Judicial Proceeding

Remit Sinclaire and Stewart Against Towne of Dumbarr

Anent the lybell or Letters of Complaint raised and persewed befor the Lords of privie Cownsell at the instance of Sir John Sinclaire of Longformachws and Jean Taillfer relict of wmquhill Captaine George Stewart Alias Maddam Stewart with concurse of Sir James Stewart his majesties Advocat for his highnes interest in the mater wnderurittin Makeing mentione That wher by the Lawes and acts of parliament all maner of oppressione and wnjust violence are prohibite and discharged And that for any of our Leidges Speciallie a burgh with ther magistrats and Commwnitie to oppress and Doe violence to ther neighboures in ther rights and possessione Is a cryme of a high nature and ought to be Severely pwnished Nevertheles It is of veritie that Robert Faa Robert Kirkwood and William Brysone Baillies John Kello Thesaurer Andrew Purves and […] Deans Magistrats and Counsell of the burgh of Dumbar for the tyme and ther Successors ever Since takeing the advantage that the Lands belonging to the saids Complainers lying in and about Dumbar and are bownded with the towne Comowne and Designeing to make these Lands wherof the saids magistrats of Councill or ther Successors inhabitants Are ordinarly tennents as cheape and to fall als much in the rentall as they can that they may constraine the saids complainers to Sett the Saids Lands to them allenarly and no others at what rates they please They doe Count upon the Saids complainers tenents and Lands adjacent as said is the particular oppressiones and violences eftermentioned viz primo almost ever Since the Late revolutiones uhen Souldiers came with orders aither for transient or Locall qwarters upon the said burgh and burgars therof the saids Magistrats and Councell have layed ane other proportione upon the saids complainers tennents ther burgars and therby have kept the rest of ther burgars frie Secundo that upon ane or other of the Dayes of October Jaj vic nyntie Six yeirs when by the order of the Viscount of Tiviot then commander in cheiff Captaine James Campbells troupe of Dragownes came from a moneths Subleing to qwarter in the said burgh and the Lands aboute and tho for the ease of the Cowntrie fowr paroches were Designed viz The paroches of Dumbar Spott Old Hamstocks and Innerweick yet Robert Kellie Robert Kirkwood and Thomas Brysone then abillies did qwarter upon the said Madam Stewarts tennents Archbald Greenlyes two Drummers without regaird that Archbalds wife was then lying in Deathbed upon baillie Rutherfurd the officers of the troupe upon George Livingtowne two Serjeants As also two horses upon one […] Niccollsone a tenent to the said Sir John All which tyme the troupe so qwartered had meat Drink and Straw without a farthing payment except what ther officers payed for themselvs when in the mean tyme ther were only four horse qwartered upon the whole paroch of Spott And these ordered to remove from one tennent to ane other by turnes Tertio upon the first second or ane or other of the dayes of December Jaj vic and nyntie thrie yeirs They made ane act in ther towne Cowncell wherby they not only discharge ther own burgars But likewise the neighboureing heretars to Lead any ware wnder the paine of five pwnd Scotts for everie cartfull wnles they payed a certaine high tack Dwety per annum for everie Cairt that they thought fitt to allow and accordingly forced Severall tenents to Comply to these oppressive orders Qwarto upon the […] day or ane or other of the dayes of […] Jaj vic nyntie Six yeirs They ordered David Kerr towne officer to goe to William Kirkwood towne clerk and tell him in name of the magistrats and Councell not to Suffer the said Madam Stewarts tenents to have ware yea not for money albeit they had forced them to pay the forsaid yeirly payment for ware as said is and William Bryson a present magistrat and Thomas Brysone his brother one of the Late magistrats threatned ther tenents to cast her Land in her own hand or otherwayes they wowld rwine them And furder the said William Brysone upon the […] day 2 Or ane or other of the dayes of October Jaj vic nyntie Six yeirs threatned the said Aladane Stewart upon the high Street telling her that nether She nor her tenents Should gett a Schoollfwll of mwck or ware no not for money And that if he gott his will nether She nor any of the tenents Should Sett a foot upon the high street or burgh Qwinto when the Saids Complainers were necessitat to Suspend the foirsaid oppressive act of the magistrats and towne Cownsell of Dumbar and to raise a Summonds of redwctione and declarator the bill was ordained to be Sein and a Sist granted in the mean tyme But in that Space the Saids Magistrats conveined Madam Stewarts tenents complainers in the bill at ther clerks house And threatned to rwine them if they would not Disclame the bill of Suspensione wnder ther hand And furder when after the Suspensione past Archibald Greenelies one of Madam Stewarts tenents begane to Lead ware as formerly they then threatned him that he Should pay well for it And accordingly in reveange upon the twentie third of Augwst Jaj vic nyntie Six yeirs when no grass is keeped by reasone of the herrin Drovers who lye upon it hundereds a night when the Said Archbald Greenlies and the said […] Niccollsone came over with ther horses for a start of ane qwarter of ane houre upon a Sandie brae called Kirkhill The said Baillie Kellie Sent William Robertsone officer and brought the saids horses by force to the baillies Stable and made the poor men pay ten pwnds Scotts each of them in name of a fyne Sexto they have of Late in the yeirs Jaj vic nyntie Six Jaj vic nyntie Seven Stopped the Carts of the Complainers tennents from Leading ware which is frie or atleast the Complainers had right and were in Long wse and possessione to Lead by frie wayes and passages And threatned them with fyneing if they Should offer to Lead and wairned them by ther officers for that effect as ane instrument taken theron bears And Septimo They qwarter Souldiers ordinarly upon the said Sir John Sinclaires tennents to Landward als well as in burgh Notwithstanding the orders for qwartering be upon the burgh And wheras the Said Sir John hes the Lands called Babarage and Broompark holden few of ws for a dwety almost eqwall to the value And he hes had a passage to and from these Lands through The townes Comon past memorie of man without interruptione yet of Late the Saids magistrats and Cowncell hath wnheard of the said passage and Doe molest his tenents in ther possessione ther of wherby they are Disabled to pay our few Dwetie By all which it is evident that the saids magistrats and towne Counsell are gwiltie airt and pairt of the foirsaids acts of oppressione and violence which they doe the more readiely practise and obstinatly mentaine Because they have the wse of the townes Comon good and pwrse which they urongousely Lavish out for ther own particular ends And not at all to the wtilitie and profite of the burgh which Deeds of oppressione Violence and maleversatione being proven the saids magistrats and towne Cowncell owght not only to be decerned to desist and find good Cawtione for that effect But also ought to be decerned to pay to the saids complainers each of them the Sowme of […] of Damnadges and expensses and ought also to be furder pwnished in ther persones and Goods As the Lords of our privie Counsell Shall Sie cause to the example and terror of others to Comit the lyke in tyme comeing And Anent the charge given to the saids defenders to have compeared personallie befor the saids Lords of his majesties privie Counsell at ane certaine day now bygone wnder the paine of rebellion etc As in the said lybell or Letters of Complaint with the executiones therof at more Lenth is contained Which lybell or Letters of complaint being this day called in presence of the saids Lords of his majesties privie Cownsell And the persewars Compeareing personallie with Sir James Stewart his majesties advocat Mr Hewgh Dallrimple and […] Sinclaire and Mr James Hamilton and Mr Archibald Sinclair ther Advocats And the defenders Compeareing all personallie also with Sir Patrick Home and Mr David Cwninghame and Mr John Fleeming and […] ther advocats The lybell and answers therto for the defenders being read The Saids Lords haveing heard both pairties Lawiers and haveing considered the Lybell and ansuers foirsaids made therto They heirby remit the points of the lybell anent the possessione and seaware and other points lybelled Except the qwartering to The Lords of Counsell and Sessione to be determined and discust by them And that Sumarly without abideing the course of the roll And refwises to Sustaine process at the persewars instance upon the point of qwartering in respect that the persones complained to have bein qwartered upon albeit they be tenents to the persewars yet they are not complaineing themselvs and they are also burgesses in the towne of Dumbar

Att Edinburgh the twentie fifth day of Janwary Jaj vic nyntie eight yeirs

D1698/1/191

Judicial Proceeding

Remit Sinclaire and Stewart Against Towne of Dumbarr

Anent the lybell or Letters of Complaint raised and persewed befor the Lords of privie Cownsell at the instance of Sir John Sinclaire of Longformachws and Jean Taillfer relict of wmquhill Captaine George Stewart Alias Maddam Stewart with concurse of Sir James Stewart his majesties Advocat for his highnes interest in the mater wnderurittin Makeing mentione That wher by the Lawes and acts of parliament all maner of oppressione and wnjust violence are prohibite and discharged And that for any of our Leidges Speciallie a burgh with ther magistrats and Commwnitie to oppress and Doe violence to ther neighboures in ther rights and possessione Is a cryme of a high nature and ought to be Severely pwnished Nevertheles It is of veritie that Robert Faa Robert Kirkwood and William Brysone Baillies John Kello Thesaurer Andrew Purves and […] Deans Magistrats and Counsell of the burgh of Dumbar for the tyme and ther Successors ever Since takeing the advantage that the Lands belonging to the saids Complainers lying in and about Dumbar and are bownded with the towne Comowne and Designeing to make these Lands wherof the saids magistrats of Councill or ther Successors inhabitants Are ordinarly tennents as cheape and to fall als much in the rentall as they can that they may constraine the saids complainers to Sett the Saids Lands to them allenarly and no others at what rates they please They doe Count upon the Saids complainers tenents and Lands adjacent as said is the particular oppressiones and violences eftermentioned viz primo almost ever Since the Late revolutiones uhen Souldiers came with orders aither for transient or Locall qwarters upon the said burgh and burgars therof the saids Magistrats and Councell have layed ane other proportione upon the saids complainers tennents ther burgars and therby have kept the rest of ther burgars frie Secundo that upon ane or other of the Dayes of October Jaj vic nyntie Six yeirs when by the order of the Viscount of Tiviot then commander in cheiff Captaine James Campbells troupe of Dragownes came from a moneths Subleing to qwarter in the said burgh and the Lands aboute and tho for the ease of the Cowntrie fowr paroches were Designed viz The paroches of Dumbar Spott Old Hamstocks and Innerweick yet Robert Kellie Robert Kirkwood and Thomas Brysone then abillies did qwarter upon the said Madam Stewarts tennents Archbald Greenlyes two Drummers without regaird that Archbalds wife was then lying in Deathbed upon baillie Rutherfurd the officers of the troupe upon George Livingtowne two Serjeants As also two horses upon one […] Niccollsone a tenent to the said Sir John All which tyme the troupe so qwartered had meat Drink and Straw without a farthing payment except what ther officers payed for themselvs when in the mean tyme ther were only four horse qwartered upon the whole paroch of Spott And these ordered to remove from one tennent to ane other by turnes Tertio upon the first second or ane or other of the dayes of December Jaj vic and nyntie thrie yeirs They made ane act in ther towne Cowncell wherby they not only discharge ther own burgars But likewise the neighboureing heretars to Lead any ware wnder the paine of five pwnd Scotts for everie cartfull wnles they payed a certaine high tack Dwety per annum for everie Cairt that they thought fitt to allow and accordingly forced Severall tenents to Comply to these oppressive orders Qwarto upon the […] day or ane or other of the dayes of […] Jaj vic nyntie Six yeirs They ordered David Kerr towne officer to goe to William Kirkwood towne clerk and tell him in name of the magistrats and Councell not to Suffer the said Madam Stewarts tenents to have ware yea not for money albeit they had forced them to pay the forsaid yeirly payment for ware as said is and William Bryson a present magistrat and Thomas Brysone his brother one of the Late magistrats threatned ther tenents to cast her Land in her own hand or otherwayes they wowld rwine them And furder the said William Brysone upon the […] day 2 Or ane or other of the dayes of October Jaj vic nyntie Six yeirs threatned the said Aladane Stewart upon the high Street telling her that nether She nor her tenents Should gett a Schoollfwll of mwck or ware no not for money And that if he gott his will nether She nor any of the tenents Should Sett a foot upon the high street or burgh Qwinto when the Saids Complainers were necessitat to Suspend the foirsaid oppressive act of the magistrats and towne Cownsell of Dumbar and to raise a Summonds of redwctione and declarator the bill was ordained to be Sein and a Sist granted in the mean tyme But in that Space the Saids Magistrats conveined Madam Stewarts tenents complainers in the bill at ther clerks house And threatned to rwine them if they would not Disclame the bill of Suspensione wnder ther hand And furder when after the Suspensione past Archibald Greenelies one of Madam Stewarts tenents begane to Lead ware as formerly they then threatned him that he Should pay well for it And accordingly in reveange upon the twentie third of Augwst Jaj vic nyntie Six yeirs when no grass is keeped by reasone of the herrin Drovers who lye upon it hundereds a night when the Said Archbald Greenlies and the said […] Niccollsone came over with ther horses for a start of ane qwarter of ane houre upon a Sandie brae called Kirkhill The said Baillie Kellie Sent William Robertsone officer and brought the saids horses by force to the baillies Stable and made the poor men pay ten pwnds Scotts each of them in name of a fyne Sexto they have of Late in the yeirs Jaj vic nyntie Six Jaj vic nyntie Seven Stopped the Carts of the Complainers tennents from Leading ware which is frie or atleast the Complainers had right and were in Long wse and possessione to Lead by frie wayes and passages And threatned them with fyneing if they Should offer to Lead and wairned them by ther officers for that effect as ane instrument taken theron bears And Septimo They qwarter Souldiers ordinarly upon the said Sir John Sinclaires tennents to Landward als well as in burgh Notwithstanding the orders for qwartering be upon the burgh And wheras the Said Sir John hes the Lands called Babarage and Broompark holden few of ws for a dwety almost eqwall to the value And he hes had a passage to and from these Lands through The townes Comon past memorie of man without interruptione yet of Late the Saids magistrats and Cowncell hath wnheard of the said passage and Doe molest his tenents in ther possessione ther of wherby they are Disabled to pay our few Dwetie By all which it is evident that the saids magistrats and towne Counsell are gwiltie airt and pairt of the foirsaids acts of oppressione and violence which they doe the more readiely practise and obstinatly mentaine Because they have the wse of the townes Comon good and pwrse which they urongousely Lavish out for ther own particular ends And not at all to the wtilitie and profite of the burgh which Deeds of oppressione Violence and maleversatione being proven the saids magistrats and towne Cowncell owght not only to be decerned to desist and find good Cawtione for that effect But also ought to be decerned to pay to the saids complainers each of them the Sowme of […] of Damnadges and expensses and ought also to be furder pwnished in ther persones and Goods As the Lords of our privie Counsell Shall Sie cause to the example and terror of others to Comit the lyke in tyme comeing And Anent the charge given to the saids defenders to have compeared personallie befor the saids Lords of his majesties privie Counsell at ane certaine day now bygone wnder the paine of rebellion etc As in the said lybell or Letters of Complaint with the executiones therof at more Lenth is contained Which lybell or Letters of complaint being this day called in presence of the saids Lords of his majesties privie Cownsell And the persewars Compeareing personallie with Sir James Stewart his majesties advocat Mr Hewgh Dallrimple and […] Sinclaire and Mr James Hamilton and Mr Archibald Sinclair ther Advocats And the defenders Compeareing all personallie also with Sir Patrick Home and Mr David Cwninghame and Mr John Fleeming and […] ther advocats The lybell and answers therto for the defenders being read The Saids Lords haveing heard both pairties Lawiers and haveing considered the Lybell and ansuers foirsaids made therto They heirby remit the points of the lybell anent the possessione and seaware and other points lybelled Except the qwartering to The Lords of Counsell and Sessione to be determined and discust by them And that Sumarly without abideing the course of the roll And refwises to Sustaine process at the persewars instance upon the point of qwartering in respect that the persones complained to have bein qwartered upon albeit they be tenents to the persewars yet they are not complaineing themselvs and they are also burgesses in the towne of Dumbar

1. NRS, PC2/27, 76v-79r.

2. The word ‘of’ scored out here.

1. NRS, PC2/27, 76v-79r.

2. The word ‘of’ scored out here.

Sederunt, 25 January 1698, Edinburgh

Att Edinburgh the twentie fifth day of Janwary Jaj vic nyntie eight yeirs1

D1698/1/182

Sederunt

Lord Chancellor; Earl of Mellvill; Earl of Southerland; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forffar; Earl of Rwglen; Viscount Tarbat; Lord Montgomerie; Lord Raith; Lord Forbess; Lord Belhaven; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Fowntainhall; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomry; Laird of Grant; Laird of Pollock; Laird of Stevensone; Laird of Cessnock; Laird of Kellburne

Att Edinburgh the twentie fifth day of Janwary Jaj vic nyntie eight yeirs1

D1698/1/182

Sederunt

Lord Chancellor; Earl of Mellvill; Earl of Southerland; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forffar; Earl of Rwglen; Viscount Tarbat; Lord Montgomerie; Lord Raith; Lord Forbess; Lord Belhaven; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Fowntainhall; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomry; Laird of Grant; Laird of Pollock; Laird of Stevensone; Laird of Cessnock; Laird of Kellburne

1. NRS, PC2/27, 77r.

2. NRS, PC2/27, 73v-76v.

1. NRS, PC2/27, 77r.

2. NRS, PC2/27, 73v-76v.

Judicial Proceeding, 20 January 1698, Edinburgh

Att Edinburgh the twentie day of Janwary Jaj vic nyntie eight yeirs

D1698/1/171

Judicial Proceeding

Anent process William Paull Against Towne of Elgine

Petitione William Paull and answers made therto for the towne of Elgine red And The Councell refuised to give any answer therto But verbally recomended to The Laird of Grant one of ther own number present at Cowncell to prevaill with the magistrats of Elgine that they deliver up to the said William Paull his bwrges ticket or of new enter him burges of the said burgh of Elgine And to deall with them to Deliver up to him the bond granted to the toune of Elgine containing Five hundereth merks of penaltie Lying in Sir James Calder of Mwrtownes hand And The Laird of Grant did accept heirof at The Cowncells desyre And declaired that at desyre of the said towne he had alreadie assented for them And now presently assents that the Clerks of Cownsell Deliver up to William Paull his charter which is in ther hands And Lying in the process Betwixt the towne of Elgine and the said William And The Cownsell discharges any warrand to be extended heirupon or any record to be made heirof in the Counsells books

Att Edinburgh the twentie day of Janwary Jaj vic nyntie eight yeirs

D1698/1/171

Judicial Proceeding

Anent process William Paull Against Towne of Elgine

Petitione William Paull and answers made therto for the towne of Elgine red And The Councell refuised to give any answer therto But verbally recomended to The Laird of Grant one of ther own number present at Cowncell to prevaill with the magistrats of Elgine that they deliver up to the said William Paull his bwrges ticket or of new enter him burges of the said burgh of Elgine And to deall with them to Deliver up to him the bond granted to the toune of Elgine containing Five hundereth merks of penaltie Lying in Sir James Calder of Mwrtownes hand And The Laird of Grant did accept heirof at The Cowncells desyre And declaired that at desyre of the said towne he had alreadie assented for them And now presently assents that the Clerks of Cownsell Deliver up to William Paull his charter which is in ther hands And Lying in the process Betwixt the towne of Elgine and the said William And The Cownsell discharges any warrand to be extended heirupon or any record to be made heirof in the Counsells books

1. NRS, PC2/27, 73v-76v.

1. NRS, PC2/27, 73v-76v.

Decreet, 20 January 1698, Edinburgh

Att Edinburgh the twentie day of Janwary Jaj vic nyntie eight yeirs

D1698/1/161

Decreet

Decreit and Remitt The Serheants of Collonell Douglass regiment

Anent the petitione given in to the Lords of his majesties privie Cownsell at the instance of William Pringle David Dumbar George Keith John Cwningham John Dowglas James Lisdale William Ogilvie George Haliday John Brodie Robert Stobo and others the Serjeants in Sir William Dowglas his regiment Shewing That wher the petitioners haveing served in the said regiment honestly and faithfullie wnder Comand of ther officers (and by his Majesties Comand being disbanded) and not cleared by them of ther Subsistance resting to them and receaved by them which extends to Eleven pwnd four Shilling Sterleing as twentie nyn moneths at eight Shilling money foirsaid per moneth As also without getting ther cloathes or cloathing money And the petitioners haveing applyed to The Lords of Thesaurie for the Same Ther Lordships ordained The petitioners officers to cleare with them And accordingly the petitioners went to ther officers and they absolwtely refwsed to doe the Same And Seing ther officers did not cleare with the petitioners ther subsistance Conforme to The Lords of Thesaurie ther ordinance And that the petitioners never receaved ther cloaths or cloathing money albeit the Samen was Stopped off them onethly and (as they are informed) are lying in the Taillyers hands And the petitioners being disbanded as said is are redwced to extream Straite and penwrie not haveing a Sixpense here to attend upon ther Lordships and ther officers without ther Lordships provide remeid And Therfore humbly craveing ther Lordships to take the petitioners sad conditione to ther sereows consideratione and ordaine the petitioners to be clared of ther Subsistance which extends to Eleven pwnd four Shilling Sterleing money to each especiallie Seing ther officers refwse to doe the Samen And ordaine the petitioners aither to gett ther cloaths or cloathing money Seing they have Served for the Samen And consider the petitioners said conditione for want of money who hes not a Sizpense to attend on ther Lordships or ther officers As the said petitione at more lenth beares which petitione being upon the fourth of Janwary instant red in presence of the saids Lords they nominated and appointed a Commitie of ther own number to consider the petitione and to heare the Captains and Serjeants of the said regiment therupon and to cleare accompts betwixt them Which Committie haveing accordingly mett they made ther report in the termes following viz That they complained they were only payed at five Shillings Sterleing per week wheras ther pay by the establishment is Ten Shillings Sterleing and Sixpense per week wherof Serjeants have allwise bein 2 to gett Seven Shillings To which Captaine Dowglas made answer that the Captaines of his fathers regiment have indeed bein in wse of paying the Serjeants but five Shillings Sterleing per week notwithstanding that Collonell Dowglas did pay the Captaines at Seven Shillings and alleadges the rest of the regiments of the army payed ther Serjeants at the same rate And that the Same was well knowen to The Lord Tiviot when in Camp And the Serjeants crave Likewise ther cloathing money for twentie nyn moneths As the said report at more Lenth bears which report being this day red in presence of the saids Lords of his majesties privie Cownsell They heirby Decerne and ordaine the haill Captaines of the said Collonell Dowglas his regiment to make payment to the Severall Serjeants of the said regiment of Two Shillings Sterleing weekly Dureing the tyme that the said regiment was Standing and ay and whill they were disbanded And that by and attour the five Shillings Sterleing alreadie payed to them weekly And recomends to The Lords Commissioners of his majesties Thesaurie to consider and determine that point of the said report anent the cloathing money therin mentioned As ther Lordships Shall find Jwst Efter pronunceing of this interloquitor the Serjeants Gave in ane other bill repeating the interloqwitor And Shewing That it is most necessarie for compleating ther probatione Dureing the Spaces of ther services that ther oathes be taken therupon to Shwn any furder trouble And therfore humbly craveing that ther Lordships would appoint ther oathes to be taken in maner forsaid As the said bill proports which bill being upon the fiftein of Janwary Jaj vic nyntie eight yeirs red in presence of the saids Lords They by ther deliverance that day ordained the Serjeants oaths to be taken upon the tymes of the respective Services Therefter the saids Lords be ther interloquitor of the first of Febrwary Jaj vic nyntie eight declaired any one of the Comitie appointed for examining of the saids Serjeants to be Sufficient for takeing ther oathes and depositiones with power to them to advise the same And to the clerks to extract decreit Conforme to this reference the said Comitie haveing accordingly mett and they or Some one or other of them in the termes of the above interlocutor of the first of February Jaj vic nyntie eight Haveing taken the oathes and depositiones of Severall of the Serjeants in the said Collonell Dowglas his regiment and haveing well and ripely advysed the Same Conforme to the power Committed be the Councell to them They the said Comitie fand that the severall Captines efternamed of the Companyes of the said regiment Are debitors to the Severall Serheants also efternamed in ther saids companyes for the number of weeks following at two at two3 Shilling Sterleing per week in the Soumes efter insert Viz That Captaine Skeen of Haiyeards is debitor to William Pringle Serjeant in his company Fourtie weeks at two Shillings Sterleing per week Extends to Fowr pwnd Sixtein Shilling Sterline And finds that Collonell Douglas is debitor to the said Serjeant Pringle while he was a Serjeant in his company the number of Thriescore eight weeks at two Shillings Sterleing per week which is Six pwnd Sixtein Shilling Sterleing and finds that the said Captaine Skeen of Hanyeards is debitor to John Cwningham Serjeant in his company of the foirsaid regiment in the number of Ane hundereth and Sixtie eight weeks at two Shillings Sterleing per week which is Sixtein pund Sixtein Shilling Sterleing and finds that Captaine Charles Douglas is debitor to Robert Stobo Serjeant in his company of the said regiment in the number of Ane Hundereth and Sixtein weeks at two Shillings Sterleing per week extends to Eleven pwnds twelve Shilling Sterleing And finds that the said Captaine Charles Dowglas is debitor to William Ogilvie ane other Serjeant in his said company of the Like number of Ane Hundereth and Sixtein weeks at two Shillings Sterleing per week which extends to the Lyke Soume of Eleven pwnd twelve Shilling Sterleing And finds that Collonell Sir William Douglas Collonell of the foirsaid regiment is debitor to George Keith Serjeant in his company in the number of Ane Hundereth weeks at two Shillings Sterleing per week extends to Ten pwnds Sterleing And finds That Lord Archbald Hamiltone is debitor to David Dumbar Serjeant to the said Lord Archbald his companie in the foirsaid regiment in Ane Hundereth and Fourtie Seven weeks at two Shillings Sterleing per week Extends to fourtein pwnds fourtein Shilling Sterleing And finds That Leivetenent Collonell Hill is debitor to the said David in twentie nyn weeks while he was serjeant in his company in the said regiment at two Shillings Sterleing per week Extends to two punds eightein Shillings Sterleing And finds that the said Lord Archibald Hamiltone is debitor to John Dowglas Serjeant in his said company in Fourtie eight weeks at two Shilling Sterleing per week extends to Four punds Sixtein Shilling Sterleing And finds that the said Captaine Charles Douglas is debitor to George Haliday and other Serjeant in his said company in threttie thrie weekes at two Shillings Sterleing per week Extends to thrie pwnds Six Shilling Sterleing And finds that Captaine Robert Baillie is debitor to the said George Haliday while he was Serjeant in his company in the foirsaid regiment in Thriescore Seventine weeks at two Shillings Sterleing per week Extends to Seven punds Fourtein Shilling Sterleing And finds that the said Collonell Sir William Dowglas Collonell of the said regiment is debitor to the said George Haliday while he was serjeant in the Collonells own company in Fourtein weeks at two Shillings Sterlein per week Extends to one pund eight Shilling Sterlein And finds that Captaine Robert Baillie is debitor to George Cathre Serjeant in the said Captaine his compay of the said Collonell Dowglass regiment in fiftie five weeks at two Shillings Sterlein per week Extends to five punds ten Shilling Sterlein And finds that Captaine D Speirs is debitor to Robert Stewart Serjeant in his company of the foirsaid regiment in Ane Hundereth fourtie four weeks at two Shillings Sterline per week Extends to Fourtein punds eight Shillings Sterline And finds that Captaine Robert Hay is debitor to John Watt Serjeant in his company of the foirsaid regiment in Ane Hundereth and Sixtie four weeks at two Shillings Sterleine per week Extends to Seventyne punds twelve Shilling Sterlein And finds that the said Collonell Sir William Douglas Collonell of the foirsaid regiment is debitor to George Lawder Serjeant to the Collonell his own Company in fiftie two weeks at two Shillings Sterlein per week Extends to five punds four Shilling sterlin And finds that Captaine John Campbell is debitor to James Esdale Serjeant in his company in the foirsaid regiment in fourscore Sixteine weeks at two Shillings Sterlein per week Extends to nyn punds twelve Shillings Sterleine And finds that Captaine John Dempster is debitor to John Brodie Serjeant in his company in the foirsaid regiment in Ane Hundereth and Sixtein weeks at two Shillings Sterlein per week extends to Eleven pund twelve Shillings Sterlin And finds that Captain Cahrles Maitland is debitor to John Peebles Serjeant in his company in the foirsaid regiment in Thriescore twelve weeks at two Shillings Sterleine per week extends to Seven punds four Shilline Sterleine And finds that Captaine Samwell Livingstoune is debitor to the said John Peebles while he was Serjeant in his company in the foirsaid regiment in twentie four weeks at two Shillings Sterlein per week Extends to Fourtie eight Shillings Sterleine And finds that the said Captain Robert Hay is debitor to William Findlasone Serjeant in his company in the foirsaid regiment in Ane Hundereth and twentie weeks at two Shillings Sterlein per week Extends to twelve pund Sterlein And the Said Committie Conforme to the warrand given to them be the saids Lords of his majesties privie Counsell of the Date the first day of February Jaj vic nyntie eight Decernes and ordaines The Collonell Leivetennent Collonell and Captaines abovenamed of the said regiment to make payment to the Serjeants above mentioned of the Soumes contained in the respective depositiones as resting to them for the weeks also contained in the foirsaids depositiones And ordaines Letters of horneing on fiftein dayes and wthers executorialls neidfull wnder the Signet of Councell in forme as effeirs to be direct heirupon

Att Edinburgh the twentie day of Janwary Jaj vic nyntie eight yeirs

D1698/1/161

Decreet

Decreit and Remitt The Serheants of Collonell Douglass regiment

Anent the petitione given in to the Lords of his majesties privie Cownsell at the instance of William Pringle David Dumbar George Keith John Cwningham John Dowglas James Lisdale William Ogilvie George Haliday John Brodie Robert Stobo and others the Serjeants in Sir William Dowglas his regiment Shewing That wher the petitioners haveing served in the said regiment honestly and faithfullie wnder Comand of ther officers (and by his Majesties Comand being disbanded) and not cleared by them of ther Subsistance resting to them and receaved by them which extends to Eleven pwnd four Shilling Sterleing as twentie nyn moneths at eight Shilling money foirsaid per moneth As also without getting ther cloathes or cloathing money And the petitioners haveing applyed to The Lords of Thesaurie for the Same Ther Lordships ordained The petitioners officers to cleare with them And accordingly the petitioners went to ther officers and they absolwtely refwsed to doe the Same And Seing ther officers did not cleare with the petitioners ther subsistance Conforme to The Lords of Thesaurie ther ordinance And that the petitioners never receaved ther cloaths or cloathing money albeit the Samen was Stopped off them onethly and (as they are informed) are lying in the Taillyers hands And the petitioners being disbanded as said is are redwced to extream Straite and penwrie not haveing a Sixpense here to attend upon ther Lordships and ther officers without ther Lordships provide remeid And Therfore humbly craveing ther Lordships to take the petitioners sad conditione to ther sereows consideratione and ordaine the petitioners to be clared of ther Subsistance which extends to Eleven pwnd four Shilling Sterleing money to each especiallie Seing ther officers refwse to doe the Samen And ordaine the petitioners aither to gett ther cloaths or cloathing money Seing they have Served for the Samen And consider the petitioners said conditione for want of money who hes not a Sizpense to attend on ther Lordships or ther officers As the said petitione at more lenth beares which petitione being upon the fourth of Janwary instant red in presence of the saids Lords they nominated and appointed a Commitie of ther own number to consider the petitione and to heare the Captains and Serjeants of the said regiment therupon and to cleare accompts betwixt them Which Committie haveing accordingly mett they made ther report in the termes following viz That they complained they were only payed at five Shillings Sterleing per week wheras ther pay by the establishment is Ten Shillings Sterleing and Sixpense per week wherof Serjeants have allwise bein 2 to gett Seven Shillings To which Captaine Dowglas made answer that the Captaines of his fathers regiment have indeed bein in wse of paying the Serjeants but five Shillings Sterleing per week notwithstanding that Collonell Dowglas did pay the Captaines at Seven Shillings and alleadges the rest of the regiments of the army payed ther Serjeants at the same rate And that the Same was well knowen to The Lord Tiviot when in Camp And the Serjeants crave Likewise ther cloathing money for twentie nyn moneths As the said report at more Lenth bears which report being this day red in presence of the saids Lords of his majesties privie Cownsell They heirby Decerne and ordaine the haill Captaines of the said Collonell Dowglas his regiment to make payment to the Severall Serjeants of the said regiment of Two Shillings Sterleing weekly Dureing the tyme that the said regiment was Standing and ay and whill they were disbanded And that by and attour the five Shillings Sterleing alreadie payed to them weekly And recomends to The Lords Commissioners of his majesties Thesaurie to consider and determine that point of the said report anent the cloathing money therin mentioned As ther Lordships Shall find Jwst Efter pronunceing of this interloquitor the Serjeants Gave in ane other bill repeating the interloqwitor And Shewing That it is most necessarie for compleating ther probatione Dureing the Spaces of ther services that ther oathes be taken therupon to Shwn any furder trouble And therfore humbly craveing that ther Lordships would appoint ther oathes to be taken in maner forsaid As the said bill proports which bill being upon the fiftein of Janwary Jaj vic nyntie eight yeirs red in presence of the saids Lords They by ther deliverance that day ordained the Serjeants oaths to be taken upon the tymes of the respective Services Therefter the saids Lords be ther interloquitor of the first of Febrwary Jaj vic nyntie eight declaired any one of the Comitie appointed for examining of the saids Serjeants to be Sufficient for takeing ther oathes and depositiones with power to them to advise the same And to the clerks to extract decreit Conforme to this reference the said Comitie haveing accordingly mett and they or Some one or other of them in the termes of the above interlocutor of the first of February Jaj vic nyntie eight Haveing taken the oathes and depositiones of Severall of the Serjeants in the said Collonell Dowglas his regiment and haveing well and ripely advysed the Same Conforme to the power Committed be the Councell to them They the said Comitie fand that the severall Captines efternamed of the Companyes of the said regiment Are debitors to the Severall Serheants also efternamed in ther saids companyes for the number of weeks following at two at two3 Shilling Sterleing per week in the Soumes efter insert Viz That Captaine Skeen of Haiyeards is debitor to William Pringle Serjeant in his company Fourtie weeks at two Shillings Sterleing per week Extends to Fowr pwnd Sixtein Shilling Sterline And finds that Collonell Douglas is debitor to the said Serjeant Pringle while he was a Serjeant in his company the number of Thriescore eight weeks at two Shillings Sterleing per week which is Six pwnd Sixtein Shilling Sterleing and finds that the said Captaine Skeen of Hanyeards is debitor to John Cwningham Serjeant in his company of the foirsaid regiment in the number of Ane hundereth and Sixtie eight weeks at two Shillings Sterleing per week which is Sixtein pund Sixtein Shilling Sterleing and finds that Captaine Charles Douglas is debitor to Robert Stobo Serjeant in his company of the said regiment in the number of Ane Hundereth and Sixtein weeks at two Shillings Sterleing per week extends to Eleven pwnds twelve Shilling Sterleing And finds that the said Captaine Charles Dowglas is debitor to William Ogilvie ane other Serjeant in his said company of the Like number of Ane Hundereth and Sixtein weeks at two Shillings Sterleing per week which extends to the Lyke Soume of Eleven pwnd twelve Shilling Sterleing And finds that Collonell Sir William Douglas Collonell of the foirsaid regiment is debitor to George Keith Serjeant in his company in the number of Ane Hundereth weeks at two Shillings Sterleing per week extends to Ten pwnds Sterleing And finds That Lord Archbald Hamiltone is debitor to David Dumbar Serjeant to the said Lord Archbald his companie in the foirsaid regiment in Ane Hundereth and Fourtie Seven weeks at two Shillings Sterleing per week Extends to fourtein pwnds fourtein Shilling Sterleing And finds That Leivetenent Collonell Hill is debitor to the said David in twentie nyn weeks while he was serjeant in his company in the said regiment at two Shillings Sterleing per week Extends to two punds eightein Shillings Sterleing And finds that the said Lord Archibald Hamiltone is debitor to John Dowglas Serjeant in his said company in Fourtie eight weeks at two Shilling Sterleing per week extends to Four punds Sixtein Shilling Sterleing And finds that the said Captaine Charles Douglas is debitor to George Haliday and other Serjeant in his said company in threttie thrie weekes at two Shillings Sterleing per week Extends to thrie pwnds Six Shilling Sterleing And finds that Captaine Robert Baillie is debitor to the said George Haliday while he was Serjeant in his company in the foirsaid regiment in Thriescore Seventine weeks at two Shillings Sterleing per week Extends to Seven punds Fourtein Shilling Sterleing And finds that the said Collonell Sir William Dowglas Collonell of the said regiment is debitor to the said George Haliday while he was serjeant in the Collonells own company in Fourtein weeks at two Shillings Sterlein per week Extends to one pund eight Shilling Sterlein And finds that Captaine Robert Baillie is debitor to George Cathre Serjeant in the said Captaine his compay of the said Collonell Dowglass regiment in fiftie five weeks at two Shillings Sterlein per week Extends to five punds ten Shilling Sterlein And finds that Captaine D Speirs is debitor to Robert Stewart Serjeant in his company of the foirsaid regiment in Ane Hundereth fourtie four weeks at two Shillings Sterline per week Extends to Fourtein punds eight Shillings Sterline And finds that Captaine Robert Hay is debitor to John Watt Serjeant in his company of the foirsaid regiment in Ane Hundereth and Sixtie four weeks at two Shillings Sterleine per week Extends to Seventyne punds twelve Shilling Sterlein And finds that the said Collonell Sir William Douglas Collonell of the foirsaid regiment is debitor to George Lawder Serjeant to the Collonell his own Company in fiftie two weeks at two Shillings Sterlein per week Extends to five punds four Shilling sterlin And finds that Captaine John Campbell is debitor to James Esdale Serjeant in his company in the foirsaid regiment in fourscore Sixteine weeks at two Shillings Sterlein per week Extends to nyn punds twelve Shillings Sterleine And finds that Captaine John Dempster is debitor to John Brodie Serjeant in his company in the foirsaid regiment in Ane Hundereth and Sixtein weeks at two Shillings Sterlein per week extends to Eleven pund twelve Shillings Sterlin And finds that Captain Cahrles Maitland is debitor to John Peebles Serjeant in his company in the foirsaid regiment in Thriescore twelve weeks at two Shillings Sterleine per week extends to Seven punds four Shilline Sterleine And finds that Captaine Samwell Livingstoune is debitor to the said John Peebles while he was Serjeant in his company in the foirsaid regiment in twentie four weeks at two Shillings Sterlein per week Extends to Fourtie eight Shillings Sterleine And finds that the said Captain Robert Hay is debitor to William Findlasone Serjeant in his company in the foirsaid regiment in Ane Hundereth and twentie weeks at two Shillings Sterlein per week Extends to twelve pund Sterlein And the Said Committie Conforme to the warrand given to them be the saids Lords of his majesties privie Counsell of the Date the first day of February Jaj vic nyntie eight Decernes and ordaines The Collonell Leivetennent Collonell and Captaines abovenamed of the said regiment to make payment to the Serjeants above mentioned of the Soumes contained in the respective depositiones as resting to them for the weeks also contained in the foirsaids depositiones And ordaines Letters of horneing on fiftein dayes and wthers executorialls neidfull wnder the Signet of Councell in forme as effeirs to be direct heirupon

1. NRS, PC2/27, 73v-76v.

2. The words ‘in use’ scored out here.

3. Sic.

1. NRS, PC2/27, 73v-76v.

2. The words ‘in use’ scored out here.

3. Sic.

Act, 20 January 1698, Edinburgh

Att Edinburgh the twentie day of Janwary Jaj vic nyntie eight yeirs

D1698/1/151

Act

Act and remit Lord Forbess Serjeants and mwtineers in Major Burnets troops

The Lords of his majesties privie Cownsell haveing this day considered a report made to ther Lordships anent the Serheants of The Lord Forbess his regiment of Dragownes and anent the mwtineers of Major Burnets troupe in the Same regiment Which report bears That the Comitie conforme to the power given to them Have liberat the haill Dragoons imprisoned except Thomas Harnlang and David Ramsay whom they have ordered to be detained And which report furder bears that the Serjeants of the said regiment being called befor them clamed first that they gott not ther full monethly Subsistance alleadgeing that Eleven Dollars was ther Dwe wheras they gott But ten monethly To which It was answered be My Lord Forbess in name of himself and his officers that ten dollars was the ordinarie monethly Subsistance to the Serjeants of the regiment all alongs Since they were raised so that he payed them as they were in wse to be payed formerly befor his entrie My Lord Forbes Likewayes pretends that the monethly Subsistance of each troupe payed to them by the thesaurie will not allow of a greater dividend for the Serjeants Secondly the Serjeants claime ther cloathing money for these twentie moneths bygone at five dollars monethly wherof they gott But ten only To which My Lord Forbes made answer that it is but for nyn or ten moneths that he hes had any concerne in the regiment And that the ordinary tyme allotted by The King for ther cloathing is not yet come till March next As the said report at more Lenth bears The saids Lords of his majesties privy Cownsell doe heirby approve of the Comities Liberating the above Dragoones And have left and heirby Leaves the two points in the above report anent the Subsistance and cloathing money to The Lords Commissioners of his majesties Thesaurie to be considered and determined by ther Lordships as they shall find Jwst

Att Edinburgh the twentie day of Janwary Jaj vic nyntie eight yeirs

D1698/1/151

Act

Act and remit Lord Forbess Serjeants and mwtineers in Major Burnets troops

The Lords of his majesties privie Cownsell haveing this day considered a report made to ther Lordships anent the Serheants of The Lord Forbess his regiment of Dragownes and anent the mwtineers of Major Burnets troupe in the Same regiment Which report bears That the Comitie conforme to the power given to them Have liberat the haill Dragoons imprisoned except Thomas Harnlang and David Ramsay whom they have ordered to be detained And which report furder bears that the Serjeants of the said regiment being called befor them clamed first that they gott not ther full monethly Subsistance alleadgeing that Eleven Dollars was ther Dwe wheras they gott But ten monethly To which It was answered be My Lord Forbess in name of himself and his officers that ten dollars was the ordinarie monethly Subsistance to the Serjeants of the regiment all alongs Since they were raised so that he payed them as they were in wse to be payed formerly befor his entrie My Lord Forbes Likewayes pretends that the monethly Subsistance of each troupe payed to them by the thesaurie will not allow of a greater dividend for the Serjeants Secondly the Serjeants claime ther cloathing money for these twentie moneths bygone at five dollars monethly wherof they gott But ten only To which My Lord Forbes made answer that it is but for nyn or ten moneths that he hes had any concerne in the regiment And that the ordinary tyme allotted by The King for ther cloathing is not yet come till March next As the said report at more Lenth bears The saids Lords of his majesties privy Cownsell doe heirby approve of the Comities Liberating the above Dragoones And have left and heirby Leaves the two points in the above report anent the Subsistance and cloathing money to The Lords Commissioners of his majesties Thesaurie to be considered and determined by ther Lordships as they shall find Jwst

1. NRS, PC2/27, 73r-73v.

1. NRS, PC2/27, 73r-73v.

Warrant, 20 January 1698, Edinburgh

Att Edinburgh the twentie day of Janwary Jaj vic nyntie eight yeirs

D1698/1/141

Warrant

Warrand for Collonell Douglass Captanies to discharge Captaine Douglas

The Cownsell being informed that Captaine Charles Dowglas one of the Captaines of Sir William Douglas his regiment of foot (to which regiment the said Captaine was agent) hes clared with all the other Captains in the said regiment for ther subsistance And all that they have to crave from him as agent to the regiment And yet that the saids other Captaines refwises to give Captaine Dowglas discharges of what he hes payed to them The Lords of his majesties privie Counsell Doe heirby Decerne and ordaine the haill Captaines in the said Collonell Douglas his regiment viz […]2 To grant and deliver to the said Captaine Charles Douglas Sufficient and valid discharges of ther Subsistance and of what ever he hes payed to them as agent in the said regiment or otherwayes And ordaines Letters of horneing on fiftein dayes and others neidfull wnder the Signet of Cownsell to be direct heiron in forme as effeirs

Att Edinburgh the twentie day of Janwary Jaj vic nyntie eight yeirs

D1698/1/141

Warrant

Warrand for Collonell Douglass Captanies to discharge Captaine Douglas

The Cownsell being informed that Captaine Charles Dowglas one of the Captaines of Sir William Douglas his regiment of foot (to which regiment the said Captaine was agent) hes clared with all the other Captains in the said regiment for ther subsistance And all that they have to crave from him as agent to the regiment And yet that the saids other Captaines refwises to give Captaine Dowglas discharges of what he hes payed to them The Lords of his majesties privie Counsell Doe heirby Decerne and ordaine the haill Captaines in the said Collonell Douglas his regiment viz […]2 To grant and deliver to the said Captaine Charles Douglas Sufficient and valid discharges of ther Subsistance and of what ever he hes payed to them as agent in the said regiment or otherwayes And ordaines Letters of horneing on fiftein dayes and others neidfull wnder the Signet of Cownsell to be direct heiron in forme as effeirs

1. NRS, PC2/27, 73r.

2. Two lines have been left purposefully blank.

1. NRS, PC2/27, 73r.

2. Two lines have been left purposefully blank.

Sederunt, 20 January 1698, Edinburgh

Att Edinburgh the twentie day of Janwary Jaj vic nyntie eight yeirs1

D1698/1/132

Sederunt

Lord Chancellor; Earl of Mellvill; Marquis of Tweedale; Earl of Lawderdale; Earl of Leven; Earl of Annandale; Earl of Forffar; Earl of Rwglen; Lord Raith; Lord Forbess; Lord Ross; Lord Ruthven; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Laird of Grant; Laird of Pollock; Laird of Blackbarrony; Laird of Stevensone; Sir Patrick Murray

Att Edinburgh the twentie day of Janwary Jaj vic nyntie eight yeirs1

D1698/1/132

Sederunt

Lord Chancellor; Earl of Mellvill; Marquis of Tweedale; Earl of Lawderdale; Earl of Leven; Earl of Annandale; Earl of Forffar; Earl of Rwglen; Lord Raith; Lord Forbess; Lord Ross; Lord Ruthven; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Lord Rankeillor; Laird of Grant; Laird of Pollock; Laird of Blackbarrony; Laird of Stevensone; Sir Patrick Murray

1. NRS, PC2/27, 72v.

2. NRS, PC2/27, 72v.

1. NRS, PC2/27, 72v.

2. NRS, PC2/27, 72v.

Act, 18 January 1698, Edinburgh

Att Edinburgh the Eightein day of Janwary Jaj vic nyntie eight yeirs

D1698/1/121

Act

Act James Browne

Anent the petitione given in to The Lords of his majesties privie Cownsell be James Browne sone to Patrick Browne Shewing that by ther Lordships Jwstice and comiseratione to the petitioners poor and destitute State on Twesday Last was most graciowsely pleased to take off his banishment and Sisted executione against him for his fyne and allowed him to persew the compt and reckning betwixt Foverane and him befor The Lords of Sessione or any Judge ordinarie and ordained ther Lordships clerks to give the petitioner up his Sumonds of compt and reckning for that effect But ther Lordships Superceeded to give answer to the giveing up of his dispositione Consigned in ther Lordships clerks hands And also the ordaining of Foverane to give up the petitionres cloathes chists and the money he tooke out of them As the petitioner prayes God reward ther Lordships for the patience and trouble ther Lordships Shewed in the redressing the hard measures the petitioner wnderwent Through Foveranes malice in the measure ther Lordships have bein pleased to doe yet he craved most humbly to be allowed to express what necessitie forces him to represent to ther Lordshisp That the hardships of his circumstances by the debt he hes contracted for his necessar Subsistance does render it a most difficult thing to the petitioner to obtaine so much money as the extracting ther Lordships Late graciows interloqwitor If so be ther Lordships Justice and Comiseratione does not ordaine the deliverie to the petitioner of his dispositione and the recept he consigned in ther Lordships clerks hands wher by he may be rehabilitat as to his credit Foverane in Justice can complaine nothing therof Since it appears evidently that a period of compt and reckning of his intromissiones with his bwssines will not State the petitioner debitor to him in twentie pwnd Scotts As is cleare by the Shirreff of Aberdeene his report Ther Lordships the petitioner hopes will find it reasoneable and Jwst also that Foveranes humore and malice Should not be allowed heaviely to prejudge the petitioner a poor man when nether his own interest nor Justice can be served by it as is cleare if he Should retaine these corruptable things of themselves the petitioners cloathes particularly and two or thrie chists And therfore humbly craving ther Lordships in Commiseratione and Justice to ordaine ther Lordships clerks to deliver up the petitioners dispositione and recept that what ther Lordships hes bein graciously pleased to grant the petitioner may be effectwall to make him in a conditione to insist in a compt and reckning to a period and to have Subsistance in the mean tyme for without the dispositione and recept the petitioner cannot have the credit of a Sixpence to extract ther Lordships act As also to ordaine Foverane to Deliver up the petitioners cloathes and chists Seing they can be of no wse to him But raither rott in his custodie As the said petitione Beares The saids Lords of his majesties privie Counsell haveing considered the above petitione and answers therto by way of petitione by The Laird of Foverane They heirby refwise the desyre of both the petitioners But decernes and ordaines Samwell Forbes of Foverane to deliver to James Browne the petitioner his chist which was taken from him by Foverane with all that was them the tyme that Foverane took the Same And ordaines Letters of Horneing on Fifetein dayes and others neidfull to be direct heiron in forme as effeirs

Att Edinburgh the Eightein day of Janwary Jaj vic nyntie eight yeirs

D1698/1/121

Act

Act James Browne

Anent the petitione given in to The Lords of his majesties privie Cownsell be James Browne sone to Patrick Browne Shewing that by ther Lordships Jwstice and comiseratione to the petitioners poor and destitute State on Twesday Last was most graciowsely pleased to take off his banishment and Sisted executione against him for his fyne and allowed him to persew the compt and reckning betwixt Foverane and him befor The Lords of Sessione or any Judge ordinarie and ordained ther Lordships clerks to give the petitioner up his Sumonds of compt and reckning for that effect But ther Lordships Superceeded to give answer to the giveing up of his dispositione Consigned in ther Lordships clerks hands And also the ordaining of Foverane to give up the petitionres cloathes chists and the money he tooke out of them As the petitioner prayes God reward ther Lordships for the patience and trouble ther Lordships Shewed in the redressing the hard measures the petitioner wnderwent Through Foveranes malice in the measure ther Lordships have bein pleased to doe yet he craved most humbly to be allowed to express what necessitie forces him to represent to ther Lordshisp That the hardships of his circumstances by the debt he hes contracted for his necessar Subsistance does render it a most difficult thing to the petitioner to obtaine so much money as the extracting ther Lordships Late graciows interloqwitor If so be ther Lordships Justice and Comiseratione does not ordaine the deliverie to the petitioner of his dispositione and the recept he consigned in ther Lordships clerks hands wher by he may be rehabilitat as to his credit Foverane in Justice can complaine nothing therof Since it appears evidently that a period of compt and reckning of his intromissiones with his bwssines will not State the petitioner debitor to him in twentie pwnd Scotts As is cleare by the Shirreff of Aberdeene his report Ther Lordships the petitioner hopes will find it reasoneable and Jwst also that Foveranes humore and malice Should not be allowed heaviely to prejudge the petitioner a poor man when nether his own interest nor Justice can be served by it as is cleare if he Should retaine these corruptable things of themselves the petitioners cloathes particularly and two or thrie chists And therfore humbly craving ther Lordships in Commiseratione and Justice to ordaine ther Lordships clerks to deliver up the petitioners dispositione and recept that what ther Lordships hes bein graciously pleased to grant the petitioner may be effectwall to make him in a conditione to insist in a compt and reckning to a period and to have Subsistance in the mean tyme for without the dispositione and recept the petitioner cannot have the credit of a Sixpence to extract ther Lordships act As also to ordaine Foverane to Deliver up the petitioners cloathes and chists Seing they can be of no wse to him But raither rott in his custodie As the said petitione Beares The saids Lords of his majesties privie Counsell haveing considered the above petitione and answers therto by way of petitione by The Laird of Foverane They heirby refwise the desyre of both the petitioners But decernes and ordaines Samwell Forbes of Foverane to deliver to James Browne the petitioner his chist which was taken from him by Foverane with all that was them the tyme that Foverane took the Same And ordaines Letters of Horneing on Fifetein dayes and others neidfull to be direct heiron in forme as effeirs

1. NRS, PC2/27, 72r-72v.

1. NRS, PC2/27, 72r-72v.

Sederunt, 18 January 1698, Edinburgh

Att Edinburgh the Eightein day of Janwary Jaj vic nyntie eight yeirs1

D1698/1/112

Sederunt

Lord Chancellor; Earl of Mellvill; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Rwglen; Viscount Tarbat; Lord Montgomry; Lord Forbess; Lord Ross; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Laird of Grant; Laird of Pollock; Laird of Blackbarrony; Laird of Stevensone; Sir Patrick Murray

Att Edinburgh the Eightein day of Janwary Jaj vic nyntie eight yeirs1

D1698/1/112

Sederunt

Lord Chancellor; Earl of Mellvill; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Rwglen; Viscount Tarbat; Lord Montgomry; Lord Forbess; Lord Ross; Lord Advocat; Lord Philliphaugh; Lord Hallcraig; Lord Anstruther; Laird of Grant; Laird of Pollock; Laird of Blackbarrony; Laird of Stevensone; Sir Patrick Murray

1. NRS, PC2/27, 71v.

2. NRS, PC2/27, 71v.

1. NRS, PC2/27, 71v.

2. NRS, PC2/27, 71v.

Act, 11 January 1698, Edinburgh

Att Edinburgh the Elevinth day of Janwary Jaj vic nyntie eight yeirs

D1698/1/101

Act

Act witnesses Kinfauns and Beathayock

Anent the petitione given in to the Lords of his majesties privie Cownsell be the witnesses efternamed addwced in the process persewed before ther Lordships at the instance of The Lairds of Kinnffauns and Belthaick Against The Laird of Phinhaven viz James Blair of Ardblair Patrick Lyon of Ballgallie Gilbert Ramsay baillie of Forfar John Fallconer of Balmeshannar James Blair of Glasglowne Alexander Blair of Inchsra Mr John Lyon Shirreff Clerk of Forfar William Beattiesone towne clerk therof William Wre wryter ther Alexander Jaffrey towne Thesaurer ther James Dall writer ther George Cwthbert writer ther Alexander Cook writer ther Shewing That wher the petitioners are cited and called befor ther Lordships as witness in the forsaid actione and obleidged to come to Edinburgh and attend the Samen Since the twentie nynth of October to the Sixtein of november instant inclwsive Dureing which tyme the petitioners for themselvs horses and Servants have bein at very considerable charges and expensses which Conforme to ther Lordships dayly practicq and custome the petitioners ought to be payed and satisfied of by aither of the saids pairties And therfore humbly craveing Ther Lordships might ordaine aither of the saids pairties to make payment instantly to the petitioners or to Alexander Aliesone writer in Edinburgh ther factor for that effect of what expenss ther Lordships shall think reasoneable for them considering ther stationes and time of attendance abovewritten And that Summarly without necessitie of extracting ane act therfor As the said petitione Bears Which being this day red and considered be the saids Lords of privie Cownsell They doe heirby modifie the Soume of Sixtein Shilling Scotts per diem to be payed to ilk ane of the foirnamed persones wittness from the twentie nynth day of October Last bypast inclwsive to the Sixtein day of November also Last bypast inclwsive In respect they are all horsemen And decernes and ordained Mr James Carnegie of Phinhaven to make payment to the above named witnesses petitioners foirsaids of the expenss above written And ordaines Letters of horneing on twentie four houres wairneing and others needfull to be direct heiron

Att Edinburgh the Elevinth day of Janwary Jaj vic nyntie eight yeirs

D1698/1/101

Act

Act witnesses Kinfauns and Beathayock

Anent the petitione given in to the Lords of his majesties privie Cownsell be the witnesses efternamed addwced in the process persewed before ther Lordships at the instance of The Lairds of Kinnffauns and Belthaick Against The Laird of Phinhaven viz James Blair of Ardblair Patrick Lyon of Ballgallie Gilbert Ramsay baillie of Forfar John Fallconer of Balmeshannar James Blair of Glasglowne Alexander Blair of Inchsra Mr John Lyon Shirreff Clerk of Forfar William Beattiesone towne clerk therof William Wre wryter ther Alexander Jaffrey towne Thesaurer ther James Dall writer ther George Cwthbert writer ther Alexander Cook writer ther Shewing That wher the petitioners are cited and called befor ther Lordships as witness in the forsaid actione and obleidged to come to Edinburgh and attend the Samen Since the twentie nynth of October to the Sixtein of november instant inclwsive Dureing which tyme the petitioners for themselvs horses and Servants have bein at very considerable charges and expensses which Conforme to ther Lordships dayly practicq and custome the petitioners ought to be payed and satisfied of by aither of the saids pairties And therfore humbly craveing Ther Lordships might ordaine aither of the saids pairties to make payment instantly to the petitioners or to Alexander Aliesone writer in Edinburgh ther factor for that effect of what expenss ther Lordships shall think reasoneable for them considering ther stationes and time of attendance abovewritten And that Summarly without necessitie of extracting ane act therfor As the said petitione Bears Which being this day red and considered be the saids Lords of privie Cownsell They doe heirby modifie the Soume of Sixtein Shilling Scotts per diem to be payed to ilk ane of the foirnamed persones wittness from the twentie nynth day of October Last bypast inclwsive to the Sixtein day of November also Last bypast inclwsive In respect they are all horsemen And decernes and ordained Mr James Carnegie of Phinhaven to make payment to the above named witnesses petitioners foirsaids of the expenss above written And ordaines Letters of horneing on twentie four houres wairneing and others needfull to be direct heiron

1. NRS, PC2/27, 71r-71v.

1. NRS, PC2/27, 71r-71v.