Tag Archives: January

Warrant, 7 January 1696, Edinburgh

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Att Edinburgh the Seventh day of Janwary Jaj vic nyntie Six yeirs

D1696/1/151

Warrant

Warrand George Mossman To print the apparitiones of Spirit

The Lords of his majesties privie Counsell doe heirby allow George Mossman Stationer in Edinburgh to print vend and sell a book Intituled a true relatione of ane apparitione expressiones and actings of a Spirit which infested the house of Andrew Mackie in Kingscroft of Stocking in the parish of Kerrick in the Stewartie of Kirkudbright And Discharges any other persones whatsomever to import imprint vend or sell the said book for the Space of Ane yeir efter the date hereof except the said George Mossman and his assigneyes wnder the penaltie of haveing the saids books Confiscat to the wse of the said George And of paying to him The Soume of Fourtie punds Scotts for each transgressione besydes the foirsaids confiscatione toties qwoties

Att Edinburgh the Seventh day of Janwary Jaj vic nyntie Six yeirs

D1696/1/151

Warrant

Warrand George Mossman To print the apparitiones of Spirit

The Lords of his majesties privie Counsell doe heirby allow George Mossman Stationer in Edinburgh to print vend and sell a book Intituled a true relatione of ane apparitione expressiones and actings of a Spirit which infested the house of Andrew Mackie in Kingscroft of Stocking in the parish of Kerrick in the Stewartie of Kirkudbright And Discharges any other persones whatsomever to import imprint vend or sell the said book for the Space of Ane yeir efter the date hereof except the said George Mossman and his assigneyes wnder the penaltie of haveing the saids books Confiscat to the wse of the said George And of paying to him The Soume of Fourtie punds Scotts for each transgressione besydes the foirsaids confiscatione toties qwoties

1. NRS, PC2/26, 90v-91r.

1. NRS, PC2/26, 90v-91r.

Act, 7 January 1696, Edinburgh

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Att Edinburgh the Seventh day of Janwary Jaj vic nyntie Six yeirs

D1696/1/141

Act

Act Bining of Dalvinan

Anent the petitione given in to the Lords of his Majesties privie Counsell be John Bining of Dalvenan Shewing that the petitioner as haveing right from Robert Boyd of Trochrig hes actione of reductione Depending at his instance Against Mr Roderick Mckeinzie Jwnior Advocat upon the head of concussione for verifieing and instructing wherof It is found necessar by The Lords of Sessione to produce befor them The Sederunt book of the District of Air in the moneths of September october and November Jaj vic eightie four with the bonds of cautionrie which Trochrige was necessitat to give by vertue of orders from The Comittie of Councell recorded in the saids book and bond of cautionrie of Ane Thousand pund Sterleing by Trochrige and Bargany as his cautionrie for his Liberatione dated the Seventh of August Jaj vic eightie five For produceing wherof the petitioner had act and dilligence against the clerks of privie Counsell yet they refuse to produce The Same in the clerks of Sessiones hands without The Lords of privie Counsells Speciall warrand And Seing the petitioners Just actione must perish if the foirsaid book and bonds be not produced And made patent to the Saids Lords of Session Therfor humbly craveing to the effect eftermentioned The Saids Lords of his majesties privie Counsell haveing Considered the above petitione They heirby allow The clerks of Counsell to deliver to the clerk of the civill proces mentioned in the petitione The book and bonds Specified in the Said petitione upon his recept of the Samen The petitioner2 Haveing given bond and fownd Sufficient cautione acted in the books of privie Counsell That he Shall produce to the Saids Clerks of privie Counsell the said book and bonds betuixt and the first Day of March next to come wnder The penaltie 3 of Ane Hundered punds Sterleing by and attour performance of the premisses

Att Edinburgh the Seventh day of Janwary Jaj vic nyntie Six yeirs

D1696/1/141

Act

Act Bining of Dalvinan

Anent the petitione given in to the Lords of his Majesties privie Counsell be John Bining of Dalvenan Shewing that the petitioner as haveing right from Robert Boyd of Trochrig hes actione of reductione Depending at his instance Against Mr Roderick Mckeinzie Jwnior Advocat upon the head of concussione for verifieing and instructing wherof It is found necessar by The Lords of Sessione to produce befor them The Sederunt book of the District of Air in the moneths of September october and November Jaj vic eightie four with the bonds of cautionrie which Trochrige was necessitat to give by vertue of orders from The Comittie of Councell recorded in the saids book and bond of cautionrie of Ane Thousand pund Sterleing by Trochrige and Bargany as his cautionrie for his Liberatione dated the Seventh of August Jaj vic eightie five For produceing wherof the petitioner had act and dilligence against the clerks of privie Counsell yet they refuse to produce The Same in the clerks of Sessiones hands without The Lords of privie Counsells Speciall warrand And Seing the petitioners Just actione must perish if the foirsaid book and bonds be not produced And made patent to the Saids Lords of Session Therfor humbly craveing to the effect eftermentioned The Saids Lords of his majesties privie Counsell haveing Considered the above petitione They heirby allow The clerks of Counsell to deliver to the clerk of the civill proces mentioned in the petitione The book and bonds Specified in the Said petitione upon his recept of the Samen The petitioner2 Haveing given bond and fownd Sufficient cautione acted in the books of privie Counsell That he Shall produce to the Saids Clerks of privie Counsell the said book and bonds betuixt and the first Day of March next to come wnder The penaltie 3 of Ane Hundered punds Sterleing by and attour performance of the premisses

1. NRS, PC2/26, 90r-90v.

2. The word ‘allwayes’ scored out here.

3. The word ‘of’ scored out here.

1. NRS, PC2/26, 90r-90v.

2. The word ‘allwayes’ scored out here.

3. The word ‘of’ scored out here.

Judicial Proceeding, 7 January 1696, Edinburgh

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Att Edinburgh the Seventh day of Janwary Jaj vic nyntie Six yeirs

D1696/1/131

Judicial Proceeding

Remitt Fea of Whitehall Against Lapner

Anent the Lybell or Letters of complaint raised and persued befor the Lords of his majesties privie Counsell at the instance of Patrick Fea of Whytehall with concurse of Sir James Stewart his majesties Advocat for his interest in the mater underwritten Makeing Mention That wher the misinforming of the Lords of privie Cownsell or his majesties Advocat against any Loyall Subjects and asperseing them with Lies and counterfite Stories as being Disaffected to The Kings majestie or his government wherthrough they are putt to great expectationes to defend themselvs against vexatiouse processes to exculpat themselvs of Such alleadgeances As also the oppressing of any of the Leidges by groundles and illegall fyneing of them without any cryme or fault by any of the Judges And for these and the lyke unjust and wnwarrantable fynes to convocat and conveen the Leidges in armes by borrowing his Majesties name and authoritie therto And not only rob and Spoillie the whole the moveable goods and geir belonging the persones So wnjustly fyned But Likewayes violently and by force of armed men to eject and Dispossess them of ther houses Lands and heretadges are crymes of the grossest nature and Severely pwnisheable by the Lawes of this and all other well governed nations as tending to engender Disorder betuixt his Majestie and his Loveing Subjects ther oppressione and rwine And the breach of peace Yet nevertheles Robert Elphingstowne of Lapnes Shakeing of all fear of God and respect to his Majesties Lawes and the peace and will of his Loveing Subjects Did upon And or other of the dayes of […] Jaj vic and nyntie thrie yeirs out of meer malice and peike to the complainer and without all ground or Shaddow of Law fyne and amerciat him in the Soume of five Hundereth merks And when the complainer efterwards expostulating with him anent his wnjust procedure And finding he would not retract his wnjust Sentance told the said Robert Elphingstoune that he hoped to Sie a change meaneing of him and his court The Said Robert Elphingstowne in a base and Leiseing maner wrote a letter to the Lords of privie Counsell acqwainting them that the said complainer had Said he hoped to Sie a change of his majestie and Government Wherupon by a proces at the advocats instance against the complainer he was brought to great vexatione and expensses The Samen haveing efter wittnesses were examined therupon appeared to be ane callumnie and aspersione As also upon the twentie Seventh or twentie eight day of November Last bypast The Said Robert Elphinstoune Did without all ground of Law or reasone but out of meer malice to the complainer fyne and amerciat him in the Soume of Thrie Thousand merks and within fourtie eight houres therefter Convocat the whole Leidges within the Iseland of Stronzay betuixt Sixtie and Sixtein haveing borrowed his majesties name and authoritie therto And so came with ane armed force to the complainers Duelling house of Whitehall and by himself And Malcolme Scoway of Hwntowne and Andrew Smith in Minshester active concurrers And haveing airt and pairt with the said Robert Elphingstowne in the said Heynows ryot did violently enter the Samen And turned out the complainers wyfe bairnes and Servants out of possessione of the Samen And medle with all the complainers house hold panishing and furniture to a considerable value his chists and cabinets wher wer the evidents and Securities of his Lands bonds and obligationes wherof Some granted by the Said Robert Elphingstowne himself to the complainer And then medled with all other moveable goods and geir without the house as horse nolt Sheep fwyne goose and poultrie and whole Laboureing Strenth the cornes in his barne yeards Boats and Barks and wthers whatsoever And not only pertaining to the Complainer But also the horses and Laboureing Strenth propperly belonging to his tenents so that through the said Robert Elphingstowne and the foirnamed persones his accomplices ther wnjustice and oppressione The complainer hes not only Sustained the said present Loss of all his goods and geir But by being turned out of the possessione of his Lands out of all which he payes Ane Thousand pund Scotts yeirly to his Majestie and his chamberland of few dwetie his Lands are cast waist and ly wnlaboured for this present yeir Jaj vic nyntie five wherthrough he not only Losses the profite therof but being wnabled to pay the Said few Duetie for cropts Jaj vic nyntie four and Jaj vic and nyntie five a reall burden is contracted upon his Lands exhausting the value therof For all which wnjust practises and barbarous oppressiones the said Robert Elphingstoune Mallcolme Scollay and Andrew Smith ought not only to be severly pwnished in ther persones and goods that others may be deterred from comitting the lyke in tyme comeing But the Said complainer to be restored and possessed of his houses and Lawes and haill other goods and geir Soe wnjustly Spwillzed and away taken in maner above mentioned And anent the charge given to the saids defender to have compeared personallie befor the Saids Lords at ane certaine day now bygone to have ansuered to the forsaid complaint And to have heard and Sein Such order and course taken theranent as the saids Lords Should think fitt wnder the paine of rebellione and putting of them to the horne with certificatione etc As in the principall Letters or lybell raised in the said mater and executiones therof at more Length is contained Which lybell or Letters being called upon the Eleventh of Jwne Last bypast in presence of his Majesties high Comissioner And Lords of privie Counsell And the persewar compeareing personally with Sir James Ogilvie and Mr Robert Frazer his advocats And the saids defenders Compeareing also personally with Sir James Stewart his majesties Advocat Mr David and Mr Robert Forbesses ther Advocats The lybell ansuers therto being red And both pairties procurators being fullie heard The Saids Lords admitted the lybell to the persewars probatione And Such of the wittnesses as uere present haveing made faith at the barr The Councell appointed a comittie of ther own number for examining the saids wittnesses And reserved all objectiones to be proponed and disucst befor the said Comittie Which comittie haveing accordingly mett the persewer adduced diverse and Sundrie famous wittnesses befor them who being all Solemnly Sworne and interrogat deponed As ther oathes and depositiones extant in proces bears Befor adviseing of which depositiones The Councell recomended to Severall comitties of ther own number to call for and hear both pairties And to endeavour to Setle and agrie them And in caice of difficultie to report to the Counsell Which Comitties haveing reported that they could not agrie the pairties The Saids Lords of his majesties privie Councell haveing this day considered the foirsaid Lybell They heirby Superceed the adviseing of the probatione adduced in this proces As to the ryot untill the point of Spwillzea be first insisted in and discust befor the Lords of Counsell and Sessione And recomends to The saids Lords of Counsell and Sessione to discuss the lybell of Spwillzea raised or to be raised befor them at the instance of the said persewar against the saids defenders summarly without the abideing the ordinary course of the roll

Att Edinburgh the Seventh day of Janwary Jaj vic nyntie Six yeirs

D1696/1/131

Judicial Proceeding

Remitt Fea of Whitehall Against Lapner

Anent the Lybell or Letters of complaint raised and persued befor the Lords of his majesties privie Counsell at the instance of Patrick Fea of Whytehall with concurse of Sir James Stewart his majesties Advocat for his interest in the mater underwritten Makeing Mention That wher the misinforming of the Lords of privie Cownsell or his majesties Advocat against any Loyall Subjects and asperseing them with Lies and counterfite Stories as being Disaffected to The Kings majestie or his government wherthrough they are putt to great expectationes to defend themselvs against vexatiouse processes to exculpat themselvs of Such alleadgeances As also the oppressing of any of the Leidges by groundles and illegall fyneing of them without any cryme or fault by any of the Judges And for these and the lyke unjust and wnwarrantable fynes to convocat and conveen the Leidges in armes by borrowing his Majesties name and authoritie therto And not only rob and Spoillie the whole the moveable goods and geir belonging the persones So wnjustly fyned But Likewayes violently and by force of armed men to eject and Dispossess them of ther houses Lands and heretadges are crymes of the grossest nature and Severely pwnisheable by the Lawes of this and all other well governed nations as tending to engender Disorder betuixt his Majestie and his Loveing Subjects ther oppressione and rwine And the breach of peace Yet nevertheles Robert Elphingstowne of Lapnes Shakeing of all fear of God and respect to his Majesties Lawes and the peace and will of his Loveing Subjects Did upon And or other of the dayes of […] Jaj vic and nyntie thrie yeirs out of meer malice and peike to the complainer and without all ground or Shaddow of Law fyne and amerciat him in the Soume of five Hundereth merks And when the complainer efterwards expostulating with him anent his wnjust procedure And finding he would not retract his wnjust Sentance told the said Robert Elphingstoune that he hoped to Sie a change meaneing of him and his court The Said Robert Elphingstowne in a base and Leiseing maner wrote a letter to the Lords of privie Counsell acqwainting them that the said complainer had Said he hoped to Sie a change of his majestie and Government Wherupon by a proces at the advocats instance against the complainer he was brought to great vexatione and expensses The Samen haveing efter wittnesses were examined therupon appeared to be ane callumnie and aspersione As also upon the twentie Seventh or twentie eight day of November Last bypast The Said Robert Elphinstoune Did without all ground of Law or reasone but out of meer malice to the complainer fyne and amerciat him in the Soume of Thrie Thousand merks and within fourtie eight houres therefter Convocat the whole Leidges within the Iseland of Stronzay betuixt Sixtie and Sixtein haveing borrowed his majesties name and authoritie therto And so came with ane armed force to the complainers Duelling house of Whitehall and by himself And Malcolme Scoway of Hwntowne and Andrew Smith in Minshester active concurrers And haveing airt and pairt with the said Robert Elphingstowne in the said Heynows ryot did violently enter the Samen And turned out the complainers wyfe bairnes and Servants out of possessione of the Samen And medle with all the complainers house hold panishing and furniture to a considerable value his chists and cabinets wher wer the evidents and Securities of his Lands bonds and obligationes wherof Some granted by the Said Robert Elphingstowne himself to the complainer And then medled with all other moveable goods and geir without the house as horse nolt Sheep fwyne goose and poultrie and whole Laboureing Strenth the cornes in his barne yeards Boats and Barks and wthers whatsoever And not only pertaining to the Complainer But also the horses and Laboureing Strenth propperly belonging to his tenents so that through the said Robert Elphingstowne and the foirnamed persones his accomplices ther wnjustice and oppressione The complainer hes not only Sustained the said present Loss of all his goods and geir But by being turned out of the possessione of his Lands out of all which he payes Ane Thousand pund Scotts yeirly to his Majestie and his chamberland of few dwetie his Lands are cast waist and ly wnlaboured for this present yeir Jaj vic nyntie five wherthrough he not only Losses the profite therof but being wnabled to pay the Said few Duetie for cropts Jaj vic nyntie four and Jaj vic and nyntie five a reall burden is contracted upon his Lands exhausting the value therof For all which wnjust practises and barbarous oppressiones the said Robert Elphingstoune Mallcolme Scollay and Andrew Smith ought not only to be severly pwnished in ther persones and goods that others may be deterred from comitting the lyke in tyme comeing But the Said complainer to be restored and possessed of his houses and Lawes and haill other goods and geir Soe wnjustly Spwillzed and away taken in maner above mentioned And anent the charge given to the saids defender to have compeared personallie befor the Saids Lords at ane certaine day now bygone to have ansuered to the forsaid complaint And to have heard and Sein Such order and course taken theranent as the saids Lords Should think fitt wnder the paine of rebellione and putting of them to the horne with certificatione etc As in the principall Letters or lybell raised in the said mater and executiones therof at more Length is contained Which lybell or Letters being called upon the Eleventh of Jwne Last bypast in presence of his Majesties high Comissioner And Lords of privie Counsell And the persewar compeareing personally with Sir James Ogilvie and Mr Robert Frazer his advocats And the saids defenders Compeareing also personally with Sir James Stewart his majesties Advocat Mr David and Mr Robert Forbesses ther Advocats The lybell ansuers therto being red And both pairties procurators being fullie heard The Saids Lords admitted the lybell to the persewars probatione And Such of the wittnesses as uere present haveing made faith at the barr The Councell appointed a comittie of ther own number for examining the saids wittnesses And reserved all objectiones to be proponed and disucst befor the said Comittie Which comittie haveing accordingly mett the persewer adduced diverse and Sundrie famous wittnesses befor them who being all Solemnly Sworne and interrogat deponed As ther oathes and depositiones extant in proces bears Befor adviseing of which depositiones The Councell recomended to Severall comitties of ther own number to call for and hear both pairties And to endeavour to Setle and agrie them And in caice of difficultie to report to the Counsell Which Comitties haveing reported that they could not agrie the pairties The Saids Lords of his majesties privie Councell haveing this day considered the foirsaid Lybell They heirby Superceed the adviseing of the probatione adduced in this proces As to the ryot untill the point of Spwillzea be first insisted in and discust befor the Lords of Counsell and Sessione And recomends to The saids Lords of Counsell and Sessione to discuss the lybell of Spwillzea raised or to be raised befor them at the instance of the said persewar against the saids defenders summarly without the abideing the ordinary course of the roll

1. NRS, PC2/26, 87r-90r.

1. NRS, PC2/26, 87r-90r.

Judicial Proceeding, 7 January 1696, Edinburgh

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Att Edinburgh the Seventh day of Janwary Jaj vic nyntie Six yeirs

D1696/1/121

Judicial Proceeding

Remitt Tenents of Coldinghame

Anent the lybell or Letters of complaint purchased and raised befor The Lords of his majesties privie Counsell at the instance of Thoams Harper Thomas Lwgatt Patrick Edingtowne John Craige James Air Elspeth Robertsone tenents and possessors of Burnseland in Colindgham belonging to Sir Patrick Home of Lumbsden Advocat And Patrick Purves Thomas Wtterstowne Elspeth Robertsone, John Rae Robert Corsar Henry Home, John Blyth Robert Mcdougall, William Fleeming Margaret Pollwart James Air, William Brock Agnes Wales, Christean Craw James Edingtowne Thomas Lighterns Patrick Aitchiesone tenents of Lwmbsdeanes Lands in Coldinghame and Robert Browne of Blackburne factor appointed be the Lords of Sessione for uplifting the rents of the aikers of Lumbsdeanes Lands with concourse of Sir James Stewart his majesties Advocat for his interest in the mater wnderwritten Makeing Mentione That wheras by the comoune Law Lawes and acts of parliament of this natione the wnwarrantable and wnlaufull convocatione of the Leidges in fear of near especially when done in order to comitt acts of wnjustice and violence is a cryme of a high nature and Severely pwnishable And the wnwarrantable and wnjust Seaseing upon persones cornes or other goods and extorting2 from them bonds for Soumes of money to redeim the cornes or other goods that was So wnwarrantablie and wnjustly Seased upon is a high ryot and manifest oppressione As also by the Eightie third act parliament eleventh James the Sixth It is Staitut and ordained that officers at armes comitting falsehood or oppressione of the Leidges in executione of ther office Shall be pwnished to Death in caice they Shall be found culpable Yet Nevertheles It is of veritie that George Rentowne writter in Edingburgh And James Rentoune messenger Patrick Cockburne messenger and Robert Home brother to […] Home sometyme at Eccles being all armed with Swords pistolls and Carrobynes accompanied with Archibald Purves in Plendergaist And ther accomplices Jean Home relict of the deceast John Home of Plendergaist being Likewayes present and in companie came in a violent and hostile maner upon the twentie fourth and twentie fifth dayes of September Last or ane or other of the Dayes of the said moneth to the ground of the forsaids Lands of Lumsdeanes Lands and Burnse Lands in Coldinghame under pretence of executeing Letters of poynding of the ground raised at the instance of the said Jean Home for a liferent annwitie of Two Thousand five Hundereth merks granted to her by the deceast John Home her husband owt of certaine Lands belonging to him And did violently Seaze upon the cornes upon the Saids Lands Standing in the feilds And offered to cary the Samen away by force and violence in ther naimes and cairts which they brought with them for that effect And the foirsaids tennents complainers to Save and preserve ther cornes from being distroyed and caryed away were forced to give bonds to the said Jean Home for certaine Soumes of money extending to the Soume of five Hundereth and fourtie Seven punds four Shilling Scotts conforme to a particular List and accompt therof given in with the said lybell and reported as a pairt of the lybell brevitatis causa which was most illegall and wnjust In so far as the said John Home had never any right to the Saids Lands nether did he give any Liferent infeftment to the said Jean Home of the Same nor are these Lands contained in her liferent infeftment or Decreit and Letters of poinding the ground nor was the heretors for the tyme nor the tenents of the Saids Lands called to any Such Decreit And no mans ground can be poinded be vertue of Letters of poinding of the ground albeit the persone at whose instance the Letters are raised had a right of annualrent out of the Lands (as the said Jean Home in this caice hes not) wnles the Lands be particularly mentioned in the decreit And the heretors and possessors of the Lands for the tyme be called And as a furder aggravatione of the saids crymes comitted by the said Jean Home George and James Rentounes and the other persones complained upon the tyme when they come to the ground to seaze upon the saids cornes Robert Clacksone Chamberland to the said Sir Patrick Home went first to the presence of the said Jean Home And then to the messinger And protested against the said pretended poynding as being most illegall and wnjust for severall reasones And particularly that the saids Lands were not comprehended within the Letters of poinding nor does the Samen mention any thing of the Saids Lands as appears by ane instrument produced And yet notwithstanding they proceeded in the said most wnust and illegall poinding and extorted the bonds from the tenents in maner above mentioned By which meanes the saids Lands is lyke to be Laid absolutely waist of all which crymes of wnwarrantable and wnlaufull convocationes of the Leidges wnjust and violent Seaseing upon the tenents cornes and wnlaufull oppressione The Said Jean Home George and James Rentownes and the other persones complained upon are gwiltie as actors airt and pairt and the said Jean Home ought to be decerned to deliver up to the saids complainers tenents of the saids Lands and aikers the severall bonds granted by them to her And She and the other persones complained upon ought to be lyable for the Soume of […] of Damnadges And otherwayes pwnished in ther persones and goods to the terror of others to comitt the lyke hereafter And anent the charge given to the haill forenamed persones defenders to have compeared personallie befor the Saids Lords at ane certaine Day now bygone to have ansuered to the foirsaid complaint And to have heard and Sein Such order and course taken theranent as the Saids Lords Should think fitt wnder the paine of rebellione And putting of them to the horne with certificatione etc As in the principall Letters or lybell raised in the said mater and executiones therof at more Lenth is contained Which lybell being this day called in presence of the saids Lords of privie Counsell And the persewars compeareing pairtly personallie and pairtly by comissione granted by the absents to such as doe compear To compear and insist for them And Sir Patrick Home and Mr John Stewart Compeareing as advocats for the haill persewars And the haill defenders compeareing also personallie except Patrick Cockburne messinger And Archbald Purves in Plandergaist with Sir James Ogilvie And Mr Hew Dallrimple Advocats for the haill defenders The Lybell and ansuers therto for the saids Defenders being red And both pairties being fullie heard The saids Lords of his majesties privie Counsell Doe heirby remitt to The Lords of Counsell and Sessione to discuss the point of right Depending betuixt both pairties befor them And that Sumarly without abydeing the ordinar course of the roll reserveing the point of ryot to be considered and admitted to probatione be the Councell efter the point of right is dismist by the sessione As the saids Lords of his majesties privie Counsell Shall find Just

Att Edinburgh the Seventh day of Janwary Jaj vic nyntie Six yeirs

D1696/1/121

Judicial Proceeding

Remitt Tenents of Coldinghame

Anent the lybell or Letters of complaint purchased and raised befor The Lords of his majesties privie Counsell at the instance of Thoams Harper Thomas Lwgatt Patrick Edingtowne John Craige James Air Elspeth Robertsone tenents and possessors of Burnseland in Colindgham belonging to Sir Patrick Home of Lumbsden Advocat And Patrick Purves Thomas Wtterstowne Elspeth Robertsone, John Rae Robert Corsar Henry Home, John Blyth Robert Mcdougall, William Fleeming Margaret Pollwart James Air, William Brock Agnes Wales, Christean Craw James Edingtowne Thomas Lighterns Patrick Aitchiesone tenents of Lwmbsdeanes Lands in Coldinghame and Robert Browne of Blackburne factor appointed be the Lords of Sessione for uplifting the rents of the aikers of Lumbsdeanes Lands with concourse of Sir James Stewart his majesties Advocat for his interest in the mater wnderwritten Makeing Mentione That wheras by the comoune Law Lawes and acts of parliament of this natione the wnwarrantable and wnlaufull convocatione of the Leidges in fear of near especially when done in order to comitt acts of wnjustice and violence is a cryme of a high nature and Severely pwnishable And the wnwarrantable and wnjust Seaseing upon persones cornes or other goods and extorting2 from them bonds for Soumes of money to redeim the cornes or other goods that was So wnwarrantablie and wnjustly Seased upon is a high ryot and manifest oppressione As also by the Eightie third act parliament eleventh James the Sixth It is Staitut and ordained that officers at armes comitting falsehood or oppressione of the Leidges in executione of ther office Shall be pwnished to Death in caice they Shall be found culpable Yet Nevertheles It is of veritie that George Rentowne writter in Edingburgh And James Rentoune messenger Patrick Cockburne messenger and Robert Home brother to […] Home sometyme at Eccles being all armed with Swords pistolls and Carrobynes accompanied with Archibald Purves in Plendergaist And ther accomplices Jean Home relict of the deceast John Home of Plendergaist being Likewayes present and in companie came in a violent and hostile maner upon the twentie fourth and twentie fifth dayes of September Last or ane or other of the Dayes of the said moneth to the ground of the forsaids Lands of Lumsdeanes Lands and Burnse Lands in Coldinghame under pretence of executeing Letters of poynding of the ground raised at the instance of the said Jean Home for a liferent annwitie of Two Thousand five Hundereth merks granted to her by the deceast John Home her husband owt of certaine Lands belonging to him And did violently Seaze upon the cornes upon the Saids Lands Standing in the feilds And offered to cary the Samen away by force and violence in ther naimes and cairts which they brought with them for that effect And the foirsaids tennents complainers to Save and preserve ther cornes from being distroyed and caryed away were forced to give bonds to the said Jean Home for certaine Soumes of money extending to the Soume of five Hundereth and fourtie Seven punds four Shilling Scotts conforme to a particular List and accompt therof given in with the said lybell and reported as a pairt of the lybell brevitatis causa which was most illegall and wnjust In so far as the said John Home had never any right to the Saids Lands nether did he give any Liferent infeftment to the said Jean Home of the Same nor are these Lands contained in her liferent infeftment or Decreit and Letters of poinding the ground nor was the heretors for the tyme nor the tenents of the Saids Lands called to any Such Decreit And no mans ground can be poinded be vertue of Letters of poinding of the ground albeit the persone at whose instance the Letters are raised had a right of annualrent out of the Lands (as the said Jean Home in this caice hes not) wnles the Lands be particularly mentioned in the decreit And the heretors and possessors of the Lands for the tyme be called And as a furder aggravatione of the saids crymes comitted by the said Jean Home George and James Rentounes and the other persones complained upon the tyme when they come to the ground to seaze upon the saids cornes Robert Clacksone Chamberland to the said Sir Patrick Home went first to the presence of the said Jean Home And then to the messinger And protested against the said pretended poynding as being most illegall and wnjust for severall reasones And particularly that the saids Lands were not comprehended within the Letters of poinding nor does the Samen mention any thing of the Saids Lands as appears by ane instrument produced And yet notwithstanding they proceeded in the said most wnust and illegall poinding and extorted the bonds from the tenents in maner above mentioned By which meanes the saids Lands is lyke to be Laid absolutely waist of all which crymes of wnwarrantable and wnlaufull convocationes of the Leidges wnjust and violent Seaseing upon the tenents cornes and wnlaufull oppressione The Said Jean Home George and James Rentownes and the other persones complained upon are gwiltie as actors airt and pairt and the said Jean Home ought to be decerned to deliver up to the saids complainers tenents of the saids Lands and aikers the severall bonds granted by them to her And She and the other persones complained upon ought to be lyable for the Soume of […] of Damnadges And otherwayes pwnished in ther persones and goods to the terror of others to comitt the lyke hereafter And anent the charge given to the haill forenamed persones defenders to have compeared personallie befor the Saids Lords at ane certaine Day now bygone to have ansuered to the foirsaid complaint And to have heard and Sein Such order and course taken theranent as the Saids Lords Should think fitt wnder the paine of rebellione And putting of them to the horne with certificatione etc As in the principall Letters or lybell raised in the said mater and executiones therof at more Lenth is contained Which lybell being this day called in presence of the saids Lords of privie Counsell And the persewars compeareing pairtly personallie and pairtly by comissione granted by the absents to such as doe compear To compear and insist for them And Sir Patrick Home and Mr John Stewart Compeareing as advocats for the haill persewars And the haill defenders compeareing also personallie except Patrick Cockburne messinger And Archbald Purves in Plandergaist with Sir James Ogilvie And Mr Hew Dallrimple Advocats for the haill defenders The Lybell and ansuers therto for the saids Defenders being red And both pairties being fullie heard The saids Lords of his majesties privie Counsell Doe heirby remitt to The Lords of Counsell and Sessione to discuss the point of right Depending betuixt both pairties befor them And that Sumarly without abydeing the ordinar course of the roll reserveing the point of ryot to be considered and admitted to probatione be the Councell efter the point of right is dismist by the sessione As the saids Lords of his majesties privie Counsell Shall find Just

1. NRS, PC2/26, 84v-87r.

2. The word ‘them’ scored out here.

1. NRS, PC2/26, 84v-87r.

2. The word ‘them’ scored out here.

Order, 7 January 1696, Edinburgh

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Att Edinburgh the Seventh day of Janwary Jaj vic nyntie Six yeirs

D1696/1/111

Order

[Order Mr James Graham]

The Lords of his majesties privie Councell upon a report made to them be The Lord Justice clerk That Mr James Graham minister of Holme in Orkney who was receaved by the Generall Assemblie upon Sat2 Saturday Last haveing applyed to the said Lord Justiceclerk for administrating the oath of alleadgeance and assureance to him His Lordship did administrat the Same which he now prodwces The Councell Does appoint the oath of alleadgeance and assureance to remaine in the clerks of Councell ther hands And to be putt up and inventared with the rest And recomends to The Lairds Commissioners of his majesties Thesaurie to allow to the said Mr James Graham such pairt of the vaccand Stipend of Kirkwall as they shall think fitt for a competent Viaticwm to him in order to his returne to his own home

Att Edinburgh the Seventh day of Janwary Jaj vic nyntie Six yeirs

D1696/1/111

Order

[Order Mr James Graham]

The Lords of his majesties privie Councell upon a report made to them be The Lord Justice clerk That Mr James Graham minister of Holme in Orkney who was receaved by the Generall Assemblie upon Sat2 Saturday Last haveing applyed to the said Lord Justiceclerk for administrating the oath of alleadgeance and assureance to him His Lordship did administrat the Same which he now prodwces The Councell Does appoint the oath of alleadgeance and assureance to remaine in the clerks of Councell ther hands And to be putt up and inventared with the rest And recomends to The Lairds Commissioners of his majesties Thesaurie to allow to the said Mr James Graham such pairt of the vaccand Stipend of Kirkwall as they shall think fitt for a competent Viaticwm to him in order to his returne to his own home

1. NRS, PC2/26, 84v.

2. Sic.

1. NRS, PC2/26, 84v.

2. Sic.

Act, 7 January 1696, Edinburgh

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Att Edinburgh the Seventh day of Janwary Jaj vic nyntie Six yeirs

D1696/1/101

Act

Act Lady Halkertoun

Anent the petitione presented to the Lords of his majesties privie Councell be The Lady Halkertoune And Patrick Lyell her husband for his interest Humbly Shewing That wher by the Lawes of this kingdome the appearand air and childrein of persones deceased owght to be intertained and aliemented especiallie wher ther remaines ane competent estate And the persones So to be alimented are of qwalitie And albeit The deceast Alexander Lord Hallkertowne Left behind him ane competent fortowne and did appoint portiones for his younger childrein yet he did omitt to appoint alimentarie provisione for them untill ther portiones became to bear annualrent And therby the petitioner who hes but a Small life rent provisione hes bein much Straitned and necessitat to contract debt for aliementing of them And the petitioner hes actuallie entertained five of them till the begining of October Last The Lord of Glenfarquhar Did intyse and perswade the two eldest Mistress Jean and Mistress Hellen Falconers to retire to the house of Halkertowne knowing that they had attained to that age that ther portiones Did bear annualrent But the other thrie does as yet remaine in the petitioners custodie And the petitioners haveing formerly applyed to freinds ther was ane agriement entered into with the present Lord Hallkertowne And2 Severall others of the freinds on the father and mothers syde wherby from whittsonday Jaj vic nyntie two to whittsonday Jaj vic nyntie thrie Ther was ane allowance given for alimenting of the said five childrein Extending to one Hundereth pownd of money And two chalders of victuall besyde the wse of the orchyeard and planting But this agriement haveing Contained but for a yeir And The Lord Halkertowne haveing become intirely incapable for makeing any transactione Since that tyme to the petitioners have gott nothing And Seing The Lords of privie Counsell are constantly in wse to protect minors and infants by appointing them Suteable aliements The petitioners are therfor necessitat to apply to the Saids Lords that from Whittsonday Jaj vic nyntie thrie to whittsonday Jaj vic nyntie five The Saids Lords would be pleased to appoint the foirsaid aliment to be payed to the petitioners Which tho it be but Small yet the petitioners are Satisfied to take the Samen It being what was appointed by the nearest relationes of the familie As also in tyme comeing to modifie for the aliment and intertainment of Mr Alexander Falconer and his two Sisters what the Saids Lords Shall think fitt and Jwst he being to be considered as the air of the familie his elder brother being altogither fatwous And that without any intervall Especiallie Seing owt over the Liferent provision and the payment of the annualrents of the Debts ther will remaine atleast One Thousand merks of frie estate Therfoir humbly craveing that the Saids Lords of privie Counsell would take the premisses to ther consideratione And in respect therof to modifie ane Suteable aliment to the saids childrein for bygones and in tyme comeing in maner abovementioned And in caice of difficultie to appoint a comittie for Seing the premissses verified and instructed And heare the pretences of any of the creditors and others who may compeare and make ansuer therto As the said petitione att more Lenth bears Which petitione being at first red in presence of the Councill they allowed Sir Alexander Falconer of Glenfarqwher And the creditors of The Lord Halkertowne to Sie and ansuer the Same And accordingly the Said Sir Alexander haveing Sein the Said petitione Gave in a counter petitione be way of ansuer therto Wherupon the Saids Lords of privie Counsell appointed a comittie of ther own number for heareing both pairties upon the saids bill and ansuers And the said Committie haveing mett and heard The Lady Halbertownes husband and Laird of Glenfarquhar They made ther report therin to the Counsell And the saids Lords of privie Councell haveing this day considered the said petitione and counter petitione be way of ansuer therto with the report of the comittie made theranent They heirby refwise to modifie any aliment to the childrein as to the tyme bygone they haveing bein alimented by the mother which is Supposed to have bein Done expietate materna And the mother offering now to aliment Mr Alexander Fallconer the Second Sone gratis the saids Lords of privie Counsell Doe heirby modifie two chalders of victuall wherof half ane Chalder of bear And ane chalder and half of meall with the yeard and grass ther of to be payed to The Lady and her husband be the present Lord Hallbertoune or the tenents of Hallbertoune or be Alexander Corne factor for the said estate And that yeirly comenceing from Mertimes Last bypast Beginning the first yeirs payment at Mertimes next to come as for the first yeir preceeding for alimenting of Mistress Euphan and Mistress Elizabeth Fallconers the two yowngest Dowghters And soe furth yeirly till ther portiones come to bear annwall rent And ordaines Letters of Horning to be direct against The Lord Hallbertowne his factor or any others concerned with My Lord Hallkertowne

Att Edinburgh the Seventh day of Janwary Jaj vic nyntie Six yeirs

D1696/1/101

Act

Act Lady Halkertoun

Anent the petitione presented to the Lords of his majesties privie Councell be The Lady Halkertoune And Patrick Lyell her husband for his interest Humbly Shewing That wher by the Lawes of this kingdome the appearand air and childrein of persones deceased owght to be intertained and aliemented especiallie wher ther remaines ane competent estate And the persones So to be alimented are of qwalitie And albeit The deceast Alexander Lord Hallkertowne Left behind him ane competent fortowne and did appoint portiones for his younger childrein yet he did omitt to appoint alimentarie provisione for them untill ther portiones became to bear annualrent And therby the petitioner who hes but a Small life rent provisione hes bein much Straitned and necessitat to contract debt for aliementing of them And the petitioner hes actuallie entertained five of them till the begining of October Last The Lord of Glenfarquhar Did intyse and perswade the two eldest Mistress Jean and Mistress Hellen Falconers to retire to the house of Halkertowne knowing that they had attained to that age that ther portiones Did bear annualrent But the other thrie does as yet remaine in the petitioners custodie And the petitioners haveing formerly applyed to freinds ther was ane agriement entered into with the present Lord Hallkertowne And2 Severall others of the freinds on the father and mothers syde wherby from whittsonday Jaj vic nyntie two to whittsonday Jaj vic nyntie thrie Ther was ane allowance given for alimenting of the said five childrein Extending to one Hundereth pownd of money And two chalders of victuall besyde the wse of the orchyeard and planting But this agriement haveing Contained but for a yeir And The Lord Halkertowne haveing become intirely incapable for makeing any transactione Since that tyme to the petitioners have gott nothing And Seing The Lords of privie Counsell are constantly in wse to protect minors and infants by appointing them Suteable aliements The petitioners are therfor necessitat to apply to the Saids Lords that from Whittsonday Jaj vic nyntie thrie to whittsonday Jaj vic nyntie five The Saids Lords would be pleased to appoint the foirsaid aliment to be payed to the petitioners Which tho it be but Small yet the petitioners are Satisfied to take the Samen It being what was appointed by the nearest relationes of the familie As also in tyme comeing to modifie for the aliment and intertainment of Mr Alexander Falconer and his two Sisters what the Saids Lords Shall think fitt and Jwst he being to be considered as the air of the familie his elder brother being altogither fatwous And that without any intervall Especiallie Seing owt over the Liferent provision and the payment of the annualrents of the Debts ther will remaine atleast One Thousand merks of frie estate Therfoir humbly craveing that the Saids Lords of privie Counsell would take the premisses to ther consideratione And in respect therof to modifie ane Suteable aliment to the saids childrein for bygones and in tyme comeing in maner abovementioned And in caice of difficultie to appoint a comittie for Seing the premissses verified and instructed And heare the pretences of any of the creditors and others who may compeare and make ansuer therto As the said petitione att more Lenth bears Which petitione being at first red in presence of the Councill they allowed Sir Alexander Falconer of Glenfarqwher And the creditors of The Lord Halkertowne to Sie and ansuer the Same And accordingly the Said Sir Alexander haveing Sein the Said petitione Gave in a counter petitione be way of ansuer therto Wherupon the Saids Lords of privie Counsell appointed a comittie of ther own number for heareing both pairties upon the saids bill and ansuers And the said Committie haveing mett and heard The Lady Halbertownes husband and Laird of Glenfarquhar They made ther report therin to the Counsell And the saids Lords of privie Councell haveing this day considered the said petitione and counter petitione be way of ansuer therto with the report of the comittie made theranent They heirby refwise to modifie any aliment to the childrein as to the tyme bygone they haveing bein alimented by the mother which is Supposed to have bein Done expietate materna And the mother offering now to aliment Mr Alexander Fallconer the Second Sone gratis the saids Lords of privie Counsell Doe heirby modifie two chalders of victuall wherof half ane Chalder of bear And ane chalder and half of meall with the yeard and grass ther of to be payed to The Lady and her husband be the present Lord Hallbertoune or the tenents of Hallbertoune or be Alexander Corne factor for the said estate And that yeirly comenceing from Mertimes Last bypast Beginning the first yeirs payment at Mertimes next to come as for the first yeir preceeding for alimenting of Mistress Euphan and Mistress Elizabeth Fallconers the two yowngest Dowghters And soe furth yeirly till ther portiones come to bear annwall rent And ordaines Letters of Horning to be direct against The Lord Hallbertowne his factor or any others concerned with My Lord Hallkertowne

1. NRS, PC2/26, 82v-84r.

2. Written over an illegible word.

1. NRS, PC2/26, 82v-84r.

2. Written over an illegible word.

Sederunt, 7 January 1696, Edinburgh

Posted on by

Att Edinburgh the Seventh day of Janwary Jaj vic nyntie Six yeirs1

D1696/1/92

Sederunt

Lord Chancellour; Earl of Southerland; Lord Polwarth; Lord Justiceclerk; Lord Anstruther; Mr Fra: Montgomerie; Laird of Blackbarronie; Laird of Stevensone; Sir Thomas Livingstone; Laird of Cessnock; Proveist of Edinburgh

Att Edinburgh the Seventh day of Janwary Jaj vic nyntie Six yeirs1

D1696/1/92

Sederunt

Lord Chancellour; Earl of Southerland; Lord Polwarth; Lord Justiceclerk; Lord Anstruther; Mr Fra: Montgomerie; Laird of Blackbarronie; Laird of Stevensone; Sir Thomas Livingstone; Laird of Cessnock; Proveist of Edinburgh

1. NRS, PC2/26, 82v.

2. NRS, PC2/26, 82v.

1. NRS, PC2/26, 82v.

2. NRS, PC2/26, 82v.

Act, 2 January 1696, Edinburgh

Posted on by

Att Edinburgh the Second day of Janwary Jaj vic nyntie Six yeirs

D1696/1/81

Act

Act anent accompts resting to The Lord Lovatt

The Lords of his majesties privie Counsell haveing considered the report of a comittie of ther own number appointed for reviseing the accompts resting be his majesties forces to the Countrie Beareing That the Comittie haveing considered the accompt given in to them as resting be his majesties forces upon Scotts pay The Lord Lovatt and his tenents and wthers his name with the instructiones and verificationes therof They find that over and above the meall contained the act of Counsell of the date the Eleventh Day of August Jaj vic nyntie ane yeirs in favours of the said Lord Lovatt his tenents and wthers in his name his chamberland and the wedow alias Beautie Ther is yet resting to the said Lord Lovatt his tenents and others in his name be the two Scotts regiments efter mentioned the qwantities of meall efter insert instructed in maner wnder written viz be The Laird of Grant his regiment of foot the number of Sixtein bolls meall which the comittie finds Sufficient instructed by recepts wnder the hand of William Durham Comander of the Garisone at Wrqwhart Castle one of the Captaines of the said regiment Item be the Viscount of Kenmure his regiment of foot The number of Threttein bolls thrie firlotts and ane peck meall which the Committie finds Sufficiently instructed by recepts wnder the hand of John Mitchell adjutant to the said regiment And findes that the said meall resting by both the Saids regiments Extending to twentie nyn bolls thrie firlotts and ane peck was furnished in the moneth of December Jaj vic and nyntie yeirs And finds that the haill articles of the said accompt are in the termes of the nynth act fourth Sessione of this current parliament Entituled act for polemoney And of the proclamatione of Counsell relative therto of the date the Last day of Jully Jaj vic nyntie four yeirs And therfor it is the comitties opinion that the price of the said meall is to be payed out of the said pole money And that the Said Lord Lovatt his tenents And wthers by whom the said meall was furnished upon his accompt are to be recomended to The Lords Comissioners of his majesties thesaurie for payment of the Same accordingly And in respect ther is Stated ten merks for each boll of the said meall Therfore the Comittie remitts to the Counsell aither to appoint the meall to be payed at the price or to modifie Such wther price for the meall as they Shall think just As the said report bears The Saids Lords of his majesties privie Councell They heirby approve of the above report And recomend to the Comissioners of parliament appointed anent the pole money imposed in anno Jaj vic nyntie thrie to cause make payment to the above Lord Lovatt his tenents and others by whom the said twentie nyn bolls Thrie firlotts and ane peck meall wes furnished of the price of the said meall at Six pund Scotts per boll which they heirby modifie to be the price therof And that out of the said polemoney imposed in anno Jaj vic nyntie thrie.

Att Edinburgh the Second day of Janwary Jaj vic nyntie Six yeirs

D1696/1/81

Act

Act anent accompts resting to The Lord Lovatt

The Lords of his majesties privie Counsell haveing considered the report of a comittie of ther own number appointed for reviseing the accompts resting be his majesties forces to the Countrie Beareing That the Comittie haveing considered the accompt given in to them as resting be his majesties forces upon Scotts pay The Lord Lovatt and his tenents and wthers his name with the instructiones and verificationes therof They find that over and above the meall contained the act of Counsell of the date the Eleventh Day of August Jaj vic nyntie ane yeirs in favours of the said Lord Lovatt his tenents and wthers in his name his chamberland and the wedow alias Beautie Ther is yet resting to the said Lord Lovatt his tenents and others in his name be the two Scotts regiments efter mentioned the qwantities of meall efter insert instructed in maner wnder written viz be The Laird of Grant his regiment of foot the number of Sixtein bolls meall which the comittie finds Sufficient instructed by recepts wnder the hand of William Durham Comander of the Garisone at Wrqwhart Castle one of the Captaines of the said regiment Item be the Viscount of Kenmure his regiment of foot The number of Threttein bolls thrie firlotts and ane peck meall which the Committie finds Sufficiently instructed by recepts wnder the hand of John Mitchell adjutant to the said regiment And findes that the said meall resting by both the Saids regiments Extending to twentie nyn bolls thrie firlotts and ane peck was furnished in the moneth of December Jaj vic and nyntie yeirs And finds that the haill articles of the said accompt are in the termes of the nynth act fourth Sessione of this current parliament Entituled act for polemoney And of the proclamatione of Counsell relative therto of the date the Last day of Jully Jaj vic nyntie four yeirs And therfor it is the comitties opinion that the price of the said meall is to be payed out of the said pole money And that the Said Lord Lovatt his tenents And wthers by whom the said meall was furnished upon his accompt are to be recomended to The Lords Comissioners of his majesties thesaurie for payment of the Same accordingly And in respect ther is Stated ten merks for each boll of the said meall Therfore the Comittie remitts to the Counsell aither to appoint the meall to be payed at the price or to modifie Such wther price for the meall as they Shall think just As the said report bears The Saids Lords of his majesties privie Councell They heirby approve of the above report And recomend to the Comissioners of parliament appointed anent the pole money imposed in anno Jaj vic nyntie thrie to cause make payment to the above Lord Lovatt his tenents and others by whom the said twentie nyn bolls Thrie firlotts and ane peck meall wes furnished of the price of the said meall at Six pund Scotts per boll which they heirby modifie to be the price therof And that out of the said polemoney imposed in anno Jaj vic nyntie thrie.

1. NRS, PC2/26, 81v-82r.

1. NRS, PC2/26, 81v-82r.

Act, 2 January 1696, Edinburgh

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Att Edinburgh the Second day of Janwary Jaj vic nyntie Six yeirs

D1696/1/71

Act

Act James Dumbar keeper of the Magazine of Inverness

The Lords of his majesties privie Counsell Haveing considered the report of a comittie of ther own number appointed for reviseing the accompts resting be his majesties forces to the Countrie beareing That the comittie Haveing considered the accompts given in to them as resting be his majesties forces for corne and Straw receaved out of the magazine at Invernes in the yeirs Jaj vic eightie nyn and Jaj vic nyntie dureing the tyme that Donald Mclean served ther And in the moneths of September October and November Jaj vic nyntie when Alexander Cumng was ther James Dumbar collector of Supply in the said Shyre being the principall magazine keeper with the instructiones and verificationes of the saids accompts They Find that ther are some of the articles of the said accompts which are not in the termes of the act of parliament anent the polemoney And proclamationes of Counsell relative therto And therfor they refwsed and reefected these articles And finds that ther are other articles of the said accompt Stated as resting by the forces which were not upon Scotts pay for which ther is nothing to be allowed out of the polemoney And therfore they make no other report anent these articles But that they have not allowed the same And finds the haill articles of the said accompt sufficiently verified and proven by the oathes and depositiones of the saids Donald Mckean And Alexander Cwmine taken befor the Comissioners of Supply within the Shyre of Invernes conforme to the Comissioners report written upon the end of the said accompt and Subscribed by the saids Commissioners As beareing that they have sein and examined the recepts mentioned in the accompts granted by the officers therin exprest And that the said Donald Mckean and Alexander Cumine did make faith upon the same And swore the 2 pryces are yet truly resting which accompt and report were both produced to and considered be the said Comittie And finds that conforme to the said accompt and instructiones therof All the articles wherof are for corne and Strau at four pund per boll And one Shilling Scotts per Stone being the prices appointed be the Commissioners Ther is yet resting (Besydes the articles above refwised and rejected or not allowed as said is) Be his majesties forces upon Scotts pay to the saids James Dumbar principall magazine keeper forsaid The Soumes following Viz by the deceast Lord Cardross regiment of Deagownes Six Hundereth and threttie eight punds Six pennies Scotts Item be My Lord Yesters troupe of horse Four Hundereth and Threttie four punds two Shilling nyn pennies Scotts Item by Major Stewarts troupe of horse Two Hundereth Twentie thrie punds nyn Shilling Scotts Item by Captain Burnets troupe of horse Sixtie four punds threttein Shilling Scotts Item by My Lord Bellhavens troupe of horse two punds Scotts Etending the Saids Soumes resting be his majesties forces upon Scotts pay to the Said James Dumbar to the Soume of Ane Thousand thrie Hundereth and Sixtie two punds four Shilling Six pennies Scotts money And finds that the haill articles wherof this Last Soume is made up were all furnished preceeding the first day of febrwary Jaj vic and nyntie one yeirs And that they are all in the termes of the nynth act fourth Sessione of this current parliament Intituled Act for polemoney And proclamationes of privie Counsell relative therto And therfor it is the Comitties opinion that the Said Soume of Ane Thousand thrie Hundereth and Sixtie two punds four Shilling Six pennies Scotts money is to be payed to the said James Dumbar out of the polemoney imposed in anno Jaj vic nyntie thrie And that he is to be recomended to the Comissioners of parliament appointed anent the said polemoney for payment of the Same accordingly And findes it Sufficiently proven in maner foirsaid that besydes the Soumes above Sett Doune ther is resting be the officers of the regiments eftermentioned to the said James Dumbar for corne and straw at the price foirsaid furnished out of the said magazine to them preceeding the said first day of February Jaj vic nyntie ane the Soumes following viz be the officers of The Laird of Grants regiment of foot threttie eight punds ten Shilling Scotts Item be the officers of The Lord Strathnavers regiment of foot Ane Hundereth and Seventie four punds eight Shilling Scotts Item by the officers in Collonell Cwninghames regiment of foot twentie eight punds twelve Shilling Scotts Item by the officers of The Viscount of Kenmwires regiment of foot Ane Hundereth and Threttie four punds Seventyne Shilling Scotts And it is the Comitties opinion that thir Soumes Due by the officers foirsaid are to be detained out of the pay which Shall be found payable to them out of the said polemoney In caice any Shall be resting efter the arrears due by the forces to the Countrie are payed furth therof And that the Said James Dumbar is to be recomended to the saids Comissioners of parliament for payment of the Same accordingly As the said report beares The Saids Lords of his majesties privie Councell Doe heirby approve of the above report As to the above Soume of Ane Thousand Thrie Hundereth and Thriescore two punds four Shilling Six pennies Scotts And recomends to the Comissioners of parliament appointed anent the pole money imposed in anno Jaj vic nyntie thrie To cause make payment to the said James Dumbar of the Said Soume And that out of the Said pole money imposed in anno Jaj vic nyntie thrie And refwises the other articles in the said report resting be the officers therin mentioned Reserveing to the said James Dumbar to perswe the officers therfor as accords in Law

Att Edinburgh the Second day of Janwary Jaj vic nyntie Six yeirs

D1696/1/71

Act

Act James Dumbar keeper of the Magazine of Inverness

The Lords of his majesties privie Counsell Haveing considered the report of a comittie of ther own number appointed for reviseing the accompts resting be his majesties forces to the Countrie beareing That the comittie Haveing considered the accompts given in to them as resting be his majesties forces for corne and Straw receaved out of the magazine at Invernes in the yeirs Jaj vic eightie nyn and Jaj vic nyntie dureing the tyme that Donald Mclean served ther And in the moneths of September October and November Jaj vic nyntie when Alexander Cumng was ther James Dumbar collector of Supply in the said Shyre being the principall magazine keeper with the instructiones and verificationes of the saids accompts They Find that ther are some of the articles of the said accompts which are not in the termes of the act of parliament anent the polemoney And proclamationes of Counsell relative therto And therfor they refwsed and reefected these articles And finds that ther are other articles of the said accompt Stated as resting by the forces which were not upon Scotts pay for which ther is nothing to be allowed out of the polemoney And therfore they make no other report anent these articles But that they have not allowed the same And finds the haill articles of the said accompt sufficiently verified and proven by the oathes and depositiones of the saids Donald Mckean And Alexander Cwmine taken befor the Comissioners of Supply within the Shyre of Invernes conforme to the Comissioners report written upon the end of the said accompt and Subscribed by the saids Commissioners As beareing that they have sein and examined the recepts mentioned in the accompts granted by the officers therin exprest And that the said Donald Mckean and Alexander Cumine did make faith upon the same And swore the 2 pryces are yet truly resting which accompt and report were both produced to and considered be the said Comittie And finds that conforme to the said accompt and instructiones therof All the articles wherof are for corne and Strau at four pund per boll And one Shilling Scotts per Stone being the prices appointed be the Commissioners Ther is yet resting (Besydes the articles above refwised and rejected or not allowed as said is) Be his majesties forces upon Scotts pay to the saids James Dumbar principall magazine keeper forsaid The Soumes following Viz by the deceast Lord Cardross regiment of Deagownes Six Hundereth and threttie eight punds Six pennies Scotts Item be My Lord Yesters troupe of horse Four Hundereth and Threttie four punds two Shilling nyn pennies Scotts Item by Major Stewarts troupe of horse Two Hundereth Twentie thrie punds nyn Shilling Scotts Item by Captain Burnets troupe of horse Sixtie four punds threttein Shilling Scotts Item by My Lord Bellhavens troupe of horse two punds Scotts Etending the Saids Soumes resting be his majesties forces upon Scotts pay to the Said James Dumbar to the Soume of Ane Thousand thrie Hundereth and Sixtie two punds four Shilling Six pennies Scotts money And finds that the haill articles wherof this Last Soume is made up were all furnished preceeding the first day of febrwary Jaj vic and nyntie one yeirs And that they are all in the termes of the nynth act fourth Sessione of this current parliament Intituled Act for polemoney And proclamationes of privie Counsell relative therto And therfor it is the Comitties opinion that the Said Soume of Ane Thousand thrie Hundereth and Sixtie two punds four Shilling Six pennies Scotts money is to be payed to the said James Dumbar out of the polemoney imposed in anno Jaj vic nyntie thrie And that he is to be recomended to the Comissioners of parliament appointed anent the said polemoney for payment of the Same accordingly And findes it Sufficiently proven in maner foirsaid that besydes the Soumes above Sett Doune ther is resting be the officers of the regiments eftermentioned to the said James Dumbar for corne and straw at the price foirsaid furnished out of the said magazine to them preceeding the said first day of February Jaj vic nyntie ane the Soumes following viz be the officers of The Laird of Grants regiment of foot threttie eight punds ten Shilling Scotts Item be the officers of The Lord Strathnavers regiment of foot Ane Hundereth and Seventie four punds eight Shilling Scotts Item by the officers in Collonell Cwninghames regiment of foot twentie eight punds twelve Shilling Scotts Item by the officers of The Viscount of Kenmwires regiment of foot Ane Hundereth and Threttie four punds Seventyne Shilling Scotts And it is the Comitties opinion that thir Soumes Due by the officers foirsaid are to be detained out of the pay which Shall be found payable to them out of the said polemoney In caice any Shall be resting efter the arrears due by the forces to the Countrie are payed furth therof And that the Said James Dumbar is to be recomended to the saids Comissioners of parliament for payment of the Same accordingly As the said report beares The Saids Lords of his majesties privie Councell Doe heirby approve of the above report As to the above Soume of Ane Thousand Thrie Hundereth and Thriescore two punds four Shilling Six pennies Scotts And recomends to the Comissioners of parliament appointed anent the pole money imposed in anno Jaj vic nyntie thrie To cause make payment to the said James Dumbar of the Said Soume And that out of the Said pole money imposed in anno Jaj vic nyntie thrie And refwises the other articles in the said report resting be the officers therin mentioned Reserveing to the said James Dumbar to perswe the officers therfor as accords in Law

1. NRS, PC2/26, 79v-81r.

2. An illegible word scored out here.

1. NRS, PC2/26, 79v-81r.

2. An illegible word scored out here.

Act, 2 January 1696, Edinburgh

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Att Edinburgh the Second day of Janwary Jaj vic nyntie Six yeirs

D1696/1/61

Act

Act Anent accompts resting to the magazine of Invernes James Dumbar keeper therof

The Lords of his majesties privie Councell Haveing considered the report of a comittie of ther own number appointed for reviseing the accompts resting be his Majesties forces to the Countrie Beareing That the Comittie haveing considered the accompt given in to them as resting be his majesties forces to James Dumbar Collector at Invernes and keeper of the magazine her for corne and Straw furnished be him and his deputs out of the said magazine To the saids forces They find that ther are severall articles of the saids accompts which are not in the termes of the act of parliament Jaj vic and nyntie thrie Anent polemoney And Therfor they have rejected and refwised these articles And finds the haill other articles of the said accompt Sufficiently verified and proven by recepts wnder the hands of the officers or trooper to whom the Same were furnished or be the oath and Depositione of the Said James Dumbar taken befor two of the Comissioners of Supply within the Shyre of Invernes Conforme to the report of the Saids commissioners Subscribed be them Which accompts recepts and report were all produced to and considered be the Comittie And finds that Conforme to the saids accompts and instructiones therof foirsaid ther is resting be his majesties forces upon Scotts pay to the said James Dumbar the Soumes following viz be Leivetentn Collonell Jacksone his troupe of Dragownes in the deceast Lord Cardross his regiment of Dragownes the Soume of Four Hundereth and Sixtie punds eight Shilling Six pennies Scotts Item be Captaine Mwir his troupe of Dragownes in the said regiment the Sowme of Four Hundereth and fiftie Six pund Seventyne Shilling Scotts Extending the Saids two Soumes Due by the said regiment of Dragownes to the Soume of Nyn Hundereth and Seventyne punds five Shilling Scotts Item be Captaine Burnet his troupe of horse the Soume of Ane hundereth and fiftie five punds five Shilling Scotts Item by My Lord Bellhaven his troupe of horse The Soume of Twelve Shilling Scotts Item by Collonell Ritchard Cwninghame his regiment of foot the Soume of Twentie punds fourtein Shilling Scotts Item by Leivetenent Collonell George Wisehart then designed Major George Wisehart in the Lord Strathanvers regiment of foot the Soume of nyn punds tuelve Shilling Scotts Extending all togither the said Soumes to the Soume of Ane Thowsand Ane Hundereth and thrie pwnds eight Shilling Scotts money And finds that the haill articles wherof this Last Soume was made up were all furnished preceeding the first day of February Jaj vic and nyntie one yeirs And that they are all in the termes of nynth act fourth Sessione of this current parliament Intituled act for polemoney And proclamationes of privie Councell relative therto And therfor it is the Comitties opinion that the said Soume of Ane Thousand Ane Hundereth and thrie punds eight Shilling Scotts money is to be payed to the said James Dumbar out of the said polemoney imposed in anno Jaj vic and nyntie thrie And that he is to be recomended to the Comissioners of parliament appointed anent the said polemoney for payment of the Same accordingly And The Comittie finds that besyde the articles above sett Downe whither rejected or allowed as said is ther is resting be his majesties forces eftermentioned to the said James Dumbar for corne and straw furnished be him to them out of the forsaid magazine frae the second of February Jaj vic nyntie ane yeirs to the threttein day of the same moneth the Soumes following viz be the said Captaine Burnets Troupe of horse Ane Hwndereth and twelve punds four Shilling Scotts Item by the said Collonell Cwninghames regiment of foot the Soume of nyn punds Twelve Shilling Scotts And the Comittie haveing Sein a proclamatione of Counsell in December Jaj vic and nyntie yeirs for erecting of Magazines for the wse of the forces Leaves to the Lords of his majesties privie Councell to consider how these two Last Soumes are to be payed Seing ther is nothing allowed out of the polemoney efter the first day of the said moneth of Febrwary Jaj vic and nyntie one As the said report bears The Saids Lords of his majesties privie Councell Heirby approve of the said report As to the above Soume of Ane Thousand Ane Hundereth And thrie punds eight Shilling Scotts which by the report is to be payed out of the polemoney imposed in anno Jaj vic nyntie thrie as furnished to his majesties forces upon Scotts pay preceeding the first Day of Febrwary Jaj vic nyntie ane yeirs And recomends to the Comissioners of parliament appointed Anent the pole money imposed in anno Jaj vic and nyntie thrie to cause make payment to the above James Dumbar of the Said Soume of Ane Thousand Ane Hundereth And thrie pund Scotts out of the Said polemoney And refwses the wther soumes in the said report as furnished efter the said first of Febrwary Jaj vic nyntie ane yeirs

Att Edinburgh the Second day of Janwary Jaj vic nyntie Six yeirs

D1696/1/61

Act

Act Anent accompts resting to the magazine of Invernes James Dumbar keeper therof

The Lords of his majesties privie Councell Haveing considered the report of a comittie of ther own number appointed for reviseing the accompts resting be his Majesties forces to the Countrie Beareing That the Comittie haveing considered the accompt given in to them as resting be his majesties forces to James Dumbar Collector at Invernes and keeper of the magazine her for corne and Straw furnished be him and his deputs out of the said magazine To the saids forces They find that ther are severall articles of the saids accompts which are not in the termes of the act of parliament Jaj vic and nyntie thrie Anent polemoney And Therfor they have rejected and refwised these articles And finds the haill other articles of the said accompt Sufficiently verified and proven by recepts wnder the hands of the officers or trooper to whom the Same were furnished or be the oath and Depositione of the Said James Dumbar taken befor two of the Comissioners of Supply within the Shyre of Invernes Conforme to the report of the Saids commissioners Subscribed be them Which accompts recepts and report were all produced to and considered be the Comittie And finds that Conforme to the saids accompts and instructiones therof foirsaid ther is resting be his majesties forces upon Scotts pay to the said James Dumbar the Soumes following viz be Leivetentn Collonell Jacksone his troupe of Dragownes in the deceast Lord Cardross his regiment of Dragownes the Soume of Four Hundereth and Sixtie punds eight Shilling Six pennies Scotts Item be Captaine Mwir his troupe of Dragownes in the said regiment the Sowme of Four Hundereth and fiftie Six pund Seventyne Shilling Scotts Extending the Saids two Soumes Due by the said regiment of Dragownes to the Soume of Nyn Hundereth and Seventyne punds five Shilling Scotts Item be Captaine Burnet his troupe of horse the Soume of Ane hundereth and fiftie five punds five Shilling Scotts Item by My Lord Bellhaven his troupe of horse The Soume of Twelve Shilling Scotts Item by Collonell Ritchard Cwninghame his regiment of foot the Soume of Twentie punds fourtein Shilling Scotts Item by Leivetenent Collonell George Wisehart then designed Major George Wisehart in the Lord Strathanvers regiment of foot the Soume of nyn punds tuelve Shilling Scotts Extending all togither the said Soumes to the Soume of Ane Thowsand Ane Hundereth and thrie pwnds eight Shilling Scotts money And finds that the haill articles wherof this Last Soume was made up were all furnished preceeding the first day of February Jaj vic and nyntie one yeirs And that they are all in the termes of nynth act fourth Sessione of this current parliament Intituled act for polemoney And proclamationes of privie Councell relative therto And therfor it is the Comitties opinion that the said Soume of Ane Thousand Ane Hundereth and thrie punds eight Shilling Scotts money is to be payed to the said James Dumbar out of the said polemoney imposed in anno Jaj vic and nyntie thrie And that he is to be recomended to the Comissioners of parliament appointed anent the said polemoney for payment of the Same accordingly And The Comittie finds that besyde the articles above sett Downe whither rejected or allowed as said is ther is resting be his majesties forces eftermentioned to the said James Dumbar for corne and straw furnished be him to them out of the forsaid magazine frae the second of February Jaj vic nyntie ane yeirs to the threttein day of the same moneth the Soumes following viz be the said Captaine Burnets Troupe of horse Ane Hwndereth and twelve punds four Shilling Scotts Item by the said Collonell Cwninghames regiment of foot the Soume of nyn punds Twelve Shilling Scotts And the Comittie haveing Sein a proclamatione of Counsell in December Jaj vic and nyntie yeirs for erecting of Magazines for the wse of the forces Leaves to the Lords of his majesties privie Councell to consider how these two Last Soumes are to be payed Seing ther is nothing allowed out of the polemoney efter the first day of the said moneth of Febrwary Jaj vic and nyntie one As the said report bears The Saids Lords of his majesties privie Councell Heirby approve of the said report As to the above Soume of Ane Thousand Ane Hundereth And thrie punds eight Shilling Scotts which by the report is to be payed out of the polemoney imposed in anno Jaj vic nyntie thrie as furnished to his majesties forces upon Scotts pay preceeding the first Day of Febrwary Jaj vic nyntie ane yeirs And recomends to the Comissioners of parliament appointed Anent the pole money imposed in anno Jaj vic and nyntie thrie to cause make payment to the above James Dumbar of the Said Soume of Ane Thousand Ane Hundereth And thrie pund Scotts out of the Said polemoney And refwses the wther soumes in the said report as furnished efter the said first of Febrwary Jaj vic nyntie ane yeirs

1. NRS, PC2/26, 77v-79r.

1. NRS, PC2/26, 77v-79r.