Tag Archives: January

Act, 24 January 1695, Edinburgh

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Act

Act William Callander

Anent a Petition given in to the Lords of his Majesties privy Councill be William Callander or eldest Lawfull sone to the deceast Lodovick Callander of Darrator Shewing That quher the petitioners father deceast this very day Did some years agoe Dispone his wholl Lands and Estate to him and such airs as he was pleased to nominat Lykeas a very Litle before his decease He renewed the said depositiones But yet throw the solicitatione and influence of one John Willisone ane agent who maried his Daughter the petitioners sister as the petitioner is informed made some alterations, Which can nowayes subsist in Law, And that in all reasone since the petitioner is now in Flanders in his Majesties Service and beside the right of the forsaid Dispositione Is undoubtedly appeareand air and ought to have all his rights preserved to him intire untill that he be Liberat and that all matters be Legally setled, And Seing It is both necessary and Ordinar that the saids Lords should Interpose in such cases. And Therfore humbly suplicating the saids Lords to the effect aftermentioned The saids Lords of his majesties privy Councill Having Considered this petition given in to them be the above William Callander, They heirby Ordaine the above Willisone to see and answer the same, and in the mean tyme ordaines the Clerks of privy Councill to sequestrat all the Cabinats Chists or other Lockfast Looms quherin the papers belonging to the defunct either in the house quher he dyed or else wher are lying with their oun Sealls, And appoints the said John Willisone to Give his oath before the Lord Advocat anent the haveing or abstracting the saids papers.

Edinburgh the Twentie fourth day of January Jaj vjc nyntie five years

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Act

Act William Callander

Anent a Petition given in to the Lords of his Majesties privy Councill be William Callander or eldest Lawfull sone to the deceast Lodovick Callander of Darrator Shewing That quher the petitioners father deceast this very day Did some years agoe Dispone his wholl Lands and Estate to him and such airs as he was pleased to nominat Lykeas a very Litle before his decease He renewed the said depositiones But yet throw the solicitatione and influence of one John Willisone ane agent who maried his Daughter the petitioners sister as the petitioner is informed made some alterations, Which can nowayes subsist in Law, And that in all reasone since the petitioner is now in Flanders in his Majesties Service and beside the right of the forsaid Dispositione Is undoubtedly appeareand air and ought to have all his rights preserved to him intire untill that he be Liberat and that all matters be Legally setled, And Seing It is both necessary and Ordinar that the saids Lords should Interpose in such cases. And Therfore humbly suplicating the saids Lords to the effect aftermentioned The saids Lords of his majesties privy Councill Having Considered this petition given in to them be the above William Callander, They heirby Ordaine the above Willisone to see and answer the same, and in the mean tyme ordaines the Clerks of privy Councill to sequestrat all the Cabinats Chists or other Lockfast Looms quherin the papers belonging to the defunct either in the house quher he dyed or else wher are lying with their oun Sealls, And appoints the said John Willisone to Give his oath before the Lord Advocat anent the haveing or abstracting the saids papers.

1. NRS, PC2/25, 155r-155v.

1. NRS, PC2/25, 155r-155v.

Sederunt, 24 January 1695, Edinburgh

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Sederunt

Earl of Annandale preces; Earl of Melvill p: Seall; Earl of Cassills; Earl of Leven; Earl of Forfar; Earl of Broadalbine; Lord Murray; Viscount Tarbat; Lord Raith; Lord Carmicheall; Lord Advocat; Lord Hatton; Laird of Grant; Laird of Leyes

Edinburgh the Twentie fourth day of January Jaj vjc nyntie five years1

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Sederunt

Earl of Annandale preces; Earl of Melvill p: Seall; Earl of Cassills; Earl of Leven; Earl of Forfar; Earl of Broadalbine; Lord Murray; Viscount Tarbat; Lord Raith; Lord Carmicheall; Lord Advocat; Lord Hatton; Laird of Grant; Laird of Leyes

1. NRS, PC2/25, 155r.

2. NRS, PC2/25, 155r.

1. NRS, PC2/25, 155r.

2. NRS, PC2/25, 155r.

Order, 22 January 1695, Edinburgh

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Order

Recomendation Grahame of Gramshall and others in Orkney

Anent a Petition given in to the Lords of his Majesties privy Councill be James Grahame of Gramshall for himself and in name and behalf of the haill gentlmen and inhabitants within the Countrey of Orkney Shewing That quher the said Countrey of Orkney Is not only by its Citatione the most exposed of any place within the kingdome to the Landing and waisting of the French privateers But alsoe dureing all the years of this present Warr, He sustained the greatest Losses and plundering by the frequent Landing of the pirrots and particularly the petitioner haveing his house situat within the entry of Holmesound being the pass throw that Countrey to Carstoune and the wastward Is of all others the most infested, and in the moneth of June Last ther having two French privateers come into that harbour one of fourtie four and the other of twentie Guns and made Capture of thrie ships Lying ther, They afterwards Landed and pillaged the Ferryhouse and hade Certainly gone throw the wholl main Island of Orkney and might have pillaged the toune of Kirkwall it self hade it not been by the petitioners means who with the Concourse of his friends Togither with his oun tennents and servants to the number of six2 hundred men waited ther designes and frustrat all ther attempts of ther Landing which Continued for four dayes togither dureing all which Continued for four dayes togither dureing all which time the petitiones was necessitate not only to mantaine the forsaid number of men and furnish amunitione But alsoe sustained the Loss of Two Thousand merks and upwards, By haveing ane Island belonging to him Called Lambholme one the other syde of the Bey totally waisted and destroyed In Respect of which and upon Consideratione that ensieuing year may produce the like if not greater Losses to the petitioner and the other inhabitants within the Countrey And Therfore Humbly Craveing the saids Lords in the first place to order the repairatione of the petitioners Losses either by retentione of so much of his few dutie which he payes to his majestie furth of the said Island of Lambholme and his uther Lands upon the mayn Island of Orkney3 or in any other maner the saids Lords should think more fitting and to recomend the petitioner to the Lords of his majesties thesaury for that effect And in the most place to prevent the dangers of that Countrey by ordering some armes and amonitione to be sent ther to be keept at Kirkwall and to be made use of as occasion shall serve or it the saids Lords think more fitting to order som4 Company’s out of any regiments that Stayes, within the kingdome to be sent ther for incouragment and assistance of the inhabitants within the Countrey as the petition bears The Lords of his majesties privy Councill Having Considered a petition given in to them be James Grame of Gramshall for himself and in name and behalf of the haill Gentlmen and inhabitants within the Countrey of Orkney They hereby Recomend to the Lords Commissioners of his majesties thesaury to take tryall anent the petitioners oun Losses and to order such repairationes therof to be made to the petitioner as they shall find Just And that in such way and maner and out of such fonds as they shall find most proper And Recomend to the saids Lords Commissioners to Cause transmitt such quantities of armes and amunitione to Orkney as they shall find necessary for preventing of Dangers and secureing that Countrey from enemies and to take care that the same be Lodged in the hands of suficient and fitt persones weell effected to his majestie and the present government.

Edinburgh the Twentie Two day of January Jaj vjc nyntie five years

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Order

Recomendation Grahame of Gramshall and others in Orkney

Anent a Petition given in to the Lords of his Majesties privy Councill be James Grahame of Gramshall for himself and in name and behalf of the haill gentlmen and inhabitants within the Countrey of Orkney Shewing That quher the said Countrey of Orkney Is not only by its Citatione the most exposed of any place within the kingdome to the Landing and waisting of the French privateers But alsoe dureing all the years of this present Warr, He sustained the greatest Losses and plundering by the frequent Landing of the pirrots and particularly the petitioner haveing his house situat within the entry of Holmesound being the pass throw that Countrey to Carstoune and the wastward Is of all others the most infested, and in the moneth of June Last ther having two French privateers come into that harbour one of fourtie four and the other of twentie Guns and made Capture of thrie ships Lying ther, They afterwards Landed and pillaged the Ferryhouse and hade Certainly gone throw the wholl main Island of Orkney and might have pillaged the toune of Kirkwall it self hade it not been by the petitioners means who with the Concourse of his friends Togither with his oun tennents and servants to the number of six2 hundred men waited ther designes and frustrat all ther attempts of ther Landing which Continued for four dayes togither dureing all which Continued for four dayes togither dureing all which time the petitiones was necessitate not only to mantaine the forsaid number of men and furnish amunitione But alsoe sustained the Loss of Two Thousand merks and upwards, By haveing ane Island belonging to him Called Lambholme one the other syde of the Bey totally waisted and destroyed In Respect of which and upon Consideratione that ensieuing year may produce the like if not greater Losses to the petitioner and the other inhabitants within the Countrey And Therfore Humbly Craveing the saids Lords in the first place to order the repairatione of the petitioners Losses either by retentione of so much of his few dutie which he payes to his majestie furth of the said Island of Lambholme and his uther Lands upon the mayn Island of Orkney3 or in any other maner the saids Lords should think more fitting and to recomend the petitioner to the Lords of his majesties thesaury for that effect And in the most place to prevent the dangers of that Countrey by ordering some armes and amonitione to be sent ther to be keept at Kirkwall and to be made use of as occasion shall serve or it the saids Lords think more fitting to order som4 Company’s out of any regiments that Stayes, within the kingdome to be sent ther for incouragment and assistance of the inhabitants within the Countrey as the petition bears The Lords of his majesties privy Councill Having Considered a petition given in to them be James Grame of Gramshall for himself and in name and behalf of the haill Gentlmen and inhabitants within the Countrey of Orkney They hereby Recomend to the Lords Commissioners of his majesties thesaury to take tryall anent the petitioners oun Losses and to order such repairationes therof to be made to the petitioner as they shall find Just And that in such way and maner and out of such fonds as they shall find most proper And Recomend to the saids Lords Commissioners to Cause transmitt such quantities of armes and amunitione to Orkney as they shall find necessary for preventing of Dangers and secureing that Countrey from enemies and to take care that the same be Lodged in the hands of suficient and fitt persones weell effected to his majestie and the present government.

1. NRS, PC2/25, 154r-155r.

2. The word ‘thousand’ scored out here.

3. The word ‘ordinary’ scored out here.

4. Insertion.

1. NRS, PC2/25, 154r-155r.

2. The word ‘thousand’ scored out here.

3. The word ‘ordinary’ scored out here.

4. Insertion.

Sederunt, 22 January 1695, Edinburgh

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Edinburgh the Twentie1 Two day of January Jaj vjc nyntie five years2

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Sederunt

Earl of Mortone; Earl of Cassills; Earl of Leven; Earl of Anandale preces; Earl of Forfar; Earl of Broadalbine; Lord Murray; Viscount Tarbat; Lord Raith T: dpt; Lord Carmicheall; Lord Polwarth; Lord Advocat; Lord Hatton; Lord Fountonhall; Laird of Grant; Laird of Leyes

Edinburgh the Twentie1 Two day of January Jaj vjc nyntie five years2

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Sederunt

Earl of Mortone; Earl of Cassills; Earl of Leven; Earl of Anandale preces; Earl of Forfar; Earl of Broadalbine; Lord Murray; Viscount Tarbat; Lord Raith T: dpt; Lord Carmicheall; Lord Polwarth; Lord Advocat; Lord Hatton; Lord Fountonhall; Laird of Grant; Laird of Leyes

1. The word ‘fourth’ scored out here.

2. NRS, PC2/25, 154r.

3. NRS, PC2/25, 154r.

1. The word ‘fourth’ scored out here.

2. NRS, PC2/25, 154r.

3. NRS, PC2/25, 154r.

Decreet, 17 January 1695, Edinburgh

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Decreet

Decreet Certification Mckenzie contra Rait and others

Anent the Lybell or letters of Complaint raised and pursued before the Lords of Councill and Session at the instances of George Mckenzie factor appointed by the Lords of session for the estate of Halgreen Robert Jaffray in Gourdon […] his Spouse and […] Jaffrey his daughter George Greive Thomas Follie William Jaffrey at the milne of Berbie […] Stivensone and Robert Hamptoune in the Maynes of Halgreen all tenants of the said estate of Halgreen and Sir James Stewart his majesties advocat for his highnes intrest in the matter underwritten Making Mention That quher albeit by the Lawes and Constitutiones of all weell Governed nations and by the Lawes and acts of parliament of this natione the beating and wounding of his majesties Leidges in ther persons to the effusion of their blood and the robing Spulzieing and awaytakeing of ther Cornes Cattell and other goods espeally quher the same is done under sillence and Cloud of night and the persones called from their oun houses and gifted to officers to serve as souldiers be all Crimes of ane high nature and severly punishable yes true it is that William Rait of Halgreen George Rait his uncle Androw Wood of Balbegno and John Profit servitor to the said William Rait Shaking of all fear of God and regaird to the Lawes of the Land did in a most unwarantable and unaccountable maner Gather themselves togither and upon the twentie two day of October or one or other of the dayes of the said moneth come to the house of the said Robert Jaffrey and the houses of the persuars and Calling them out under pretence of Freindship did in a most Cruell and barbarous maner beat and wound ther persones with swords and staffs to the effusion of their blood and robbed and Carried away their Cornes and Cattell without any Warrand or knowen Cause except that they entered in payment of ther rents to the said George Mckenzie who have a Commission from the Lords of sessione for the behoove of the Creditors of Halgreen for that effect as said is and which Commission was obtained after the Ranking of the Creditors and depended severall sessions and after Halgreen hade deserted the kingdome and relinquished the possessione of this estate quherof many of this Creditors were in possessione and after he returned and remained a Considerable time tin the Abbay He applyed in time of vaccance to the Lords of privy Councill upon pretence of being cited before their Lordships for some acts and deeds of violence Committed be him, He obtained from the saids Lords a protectione for some weeks as he pretended and such was his unworthie practise, That in stead of makeing application to his Creditors He and his accomplices above named Did in a most hostill maner beat wound and robb the tenents and made peny of their goods in publict Marcats and gifted severall of themselves to the officers to serve as souldiers at least threatned to doe the same, and threw doun ther Corne Stacks upon pretence of poynding for his rents notwithstanding of a suspension Legally intimat to Halgreen two dayes before the perpetrating of the saids Crymes By all which the saids persones being found Guilty or at least airt and part therof Ought and should be Severly punished in ther persones and goods to the teror of others to doe the link in time comeing And Anent the Charge given to the saids defenders To have Compeired before the saids Lords at ane Certaine day now bygone To have answered to the grounds of the abovewritten Complaint and to have heard and seen such order and Course taken theranent as apertaines under the paine of Rebellion etc as the said Lybell and executiones therof at more length proports Which Lybell being this day Called in presence of the saids Lords of his majesties privy Councill And the said George Mckenzie Robert and William Jaffreyes and Robert Hamptoune four of the persuers Compeiring personally for themselves and the rest of the pursuars with Mr John Fergusone advocat fer the haill pursuers And the haill defenders viz the saids William Rait of Halgreen George Rait his uncle and John Profitt servitor to the said Hallgreen being all Lawfullie Cited oft times called and not Compeiring The Saids Lords Grants Certificatione against them and Ordaines Letters to be direct to macers or messengers at armes to pass to the mercat Cross of […] and other places needfull and therin his Majesties name and authoritie Duely Lawfullie and Orderly Denunce the saids haill defenders his majesties rebells and put them to the horne Escheat and inbring all ther movable goods and geir to his use for ther Contemption and disobedience

Edinburgh the Seventeinth day of January Jaj vjc nyntie five years

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Decreet

Decreet Certification Mckenzie contra Rait and others

Anent the Lybell or letters of Complaint raised and pursued before the Lords of Councill and Session at the instances of George Mckenzie factor appointed by the Lords of session for the estate of Halgreen Robert Jaffray in Gourdon […] his Spouse and […] Jaffrey his daughter George Greive Thomas Follie William Jaffrey at the milne of Berbie […] Stivensone and Robert Hamptoune in the Maynes of Halgreen all tenants of the said estate of Halgreen and Sir James Stewart his majesties advocat for his highnes intrest in the matter underwritten Making Mention That quher albeit by the Lawes and Constitutiones of all weell Governed nations and by the Lawes and acts of parliament of this natione the beating and wounding of his majesties Leidges in ther persons to the effusion of their blood and the robing Spulzieing and awaytakeing of ther Cornes Cattell and other goods espeally quher the same is done under sillence and Cloud of night and the persones called from their oun houses and gifted to officers to serve as souldiers be all Crimes of ane high nature and severly punishable yes true it is that William Rait of Halgreen George Rait his uncle Androw Wood of Balbegno and John Profit servitor to the said William Rait Shaking of all fear of God and regaird to the Lawes of the Land did in a most unwarantable and unaccountable maner Gather themselves togither and upon the twentie two day of October or one or other of the dayes of the said moneth come to the house of the said Robert Jaffrey and the houses of the persuars and Calling them out under pretence of Freindship did in a most Cruell and barbarous maner beat and wound ther persones with swords and staffs to the effusion of their blood and robbed and Carried away their Cornes and Cattell without any Warrand or knowen Cause except that they entered in payment of ther rents to the said George Mckenzie who have a Commission from the Lords of sessione for the behoove of the Creditors of Halgreen for that effect as said is and which Commission was obtained after the Ranking of the Creditors and depended severall sessions and after Halgreen hade deserted the kingdome and relinquished the possessione of this estate quherof many of this Creditors were in possessione and after he returned and remained a Considerable time tin the Abbay He applyed in time of vaccance to the Lords of privy Councill upon pretence of being cited before their Lordships for some acts and deeds of violence Committed be him, He obtained from the saids Lords a protectione for some weeks as he pretended and such was his unworthie practise, That in stead of makeing application to his Creditors He and his accomplices above named Did in a most hostill maner beat wound and robb the tenents and made peny of their goods in publict Marcats and gifted severall of themselves to the officers to serve as souldiers at least threatned to doe the same, and threw doun ther Corne Stacks upon pretence of poynding for his rents notwithstanding of a suspension Legally intimat to Halgreen two dayes before the perpetrating of the saids Crymes By all which the saids persones being found Guilty or at least airt and part therof Ought and should be Severly punished in ther persones and goods to the teror of others to doe the link in time comeing And Anent the Charge given to the saids defenders To have Compeired before the saids Lords at ane Certaine day now bygone To have answered to the grounds of the abovewritten Complaint and to have heard and seen such order and Course taken theranent as apertaines under the paine of Rebellion etc as the said Lybell and executiones therof at more length proports Which Lybell being this day Called in presence of the saids Lords of his majesties privy Councill And the said George Mckenzie Robert and William Jaffreyes and Robert Hamptoune four of the persuers Compeiring personally for themselves and the rest of the pursuars with Mr John Fergusone advocat fer the haill pursuers And the haill defenders viz the saids William Rait of Halgreen George Rait his uncle and John Profitt servitor to the said Hallgreen being all Lawfullie Cited oft times called and not Compeiring The Saids Lords Grants Certificatione against them and Ordaines Letters to be direct to macers or messengers at armes to pass to the mercat Cross of […] and other places needfull and therin his Majesties name and authoritie Duely Lawfullie and Orderly Denunce the saids haill defenders his majesties rebells and put them to the horne Escheat and inbring all ther movable goods and geir to his use for ther Contemption and disobedience

1. NRS, PC2/25, 152r-153v.

1. NRS, PC2/25, 152r-153v.

Order, 17 January 1695, Edinburgh

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Edinburgh the Seventeinth day of January Jaj vjc nyntie five years

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Order

Order anent Mountwhany anent Cess of Coalls in Fyfeshyre

The Which day the Earle of Cassills having represented in name of the Commissioners of his Majesties thesaury That James Crafurd of Mountwhany Collector of supply within the shyre of Fyfe being called before them to compt for the supply of the said shyre alledges he cannot Compt for the Cess of the Coalls within the bounds of the said shyre of Fyfe In Respect that by ane act of privy Councill the Cess of the saids Coalls Is Discharged to be uplifted upon a bill given in to the Councill by the Master of Burghly and others and that the Commissioners of supply within the said shyre are appointed to see and answer the said bill and have returned no answer therto The Lords of his majesties privy Councill Doe heirby Ordaine the said James Crafurd of Mountwhany To make intimation to the saids Commissioners That they give in ther answers to the said bill to the Clerks of privy Councill betwixt and the first Councill day of Aprill nixt to come with Certificatione.

Edinburgh the Seventeinth day of January Jaj vjc nyntie five years

D1695/1/281

Order

Order anent Mountwhany anent Cess of Coalls in Fyfeshyre

The Which day the Earle of Cassills having represented in name of the Commissioners of his Majesties thesaury That James Crafurd of Mountwhany Collector of supply within the shyre of Fyfe being called before them to compt for the supply of the said shyre alledges he cannot Compt for the Cess of the Coalls within the bounds of the said shyre of Fyfe In Respect that by ane act of privy Councill the Cess of the saids Coalls Is Discharged to be uplifted upon a bill given in to the Councill by the Master of Burghly and others and that the Commissioners of supply within the said shyre are appointed to see and answer the said bill and have returned no answer therto The Lords of his majesties privy Councill Doe heirby Ordaine the said James Crafurd of Mountwhany To make intimation to the saids Commissioners That they give in ther answers to the said bill to the Clerks of privy Councill betwixt and the first Councill day of Aprill nixt to come with Certificatione.

1. NRS, PC2/25, 152r.

1. NRS, PC2/25, 152r.

Act, 17 January 1695, Edinburgh

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Act

Act The Lady Dalvey

Anent a petition given in to the Lords of his Majesties privy Councill be Dame Agnes Scot relict of Sir James Grant of Dalvey Shewing that quher the petitioners husband was lately removed by death upon his way from the north to Edinburgh without having made any testament either as to the nameing of ane executor or as to the appointing of tutors to the petitioners daughters the only Cheldrein Lykeas his brother and air male and who should succeid to him in his wholl estate and fortune Is now absent in Ireland so that albeit by the petitioners Contract of mariage the petitioner be provyded to ane hundred punds sterling yearly and that her Cheldrein have alse particular provisiones and are oblidged to be aliamented untill the portiones fall due as likwayes that ther is a suficient estate both for the petitioners Childrein and the heir male yet by reasone of the forsaid Circumstances and that the petitioners husband dyed after the Mertimiss the petitioner Could put her hand to nothing either to pay funerall Charges or to aliement her self and familly that ought to be aliemented untill the terme that the petitioners enter to the payment of her Joyntur Which Cannot be till after Whitsunday nixt And seing that in such a necessitous case ther Lordships are the only refuge that could provyd some remeedy by warranting the petitioner to uplift also much of bygone annualrents and rents resting by debitors and tennants as might be necessary for defraying the said funerall Charges and aliementing the petitioner her Childrein and familly untill some Legall and regular Course may be taken for that effect And Therfore humbly Craving the saids Lords would be pleased in Consideration of the premises and that ther Could be no prejudice to any persone quhatsomever in what wes demanded to modifie to the petitioner ane Certaine soume for the ends and uses forsaid and to apoint the same to be payed to the petitioner out of the List of annualrents and rents that the petitioner has heirto subjoyned and by the persones Lyable in payment therof and to Grant warrand for letters for that effect as the saids Lords should see Cause as the petition bears The Lords of his majesties privy Councill having Considered this petition given in to them be the above Dam Agnes Scot They heirby Modifie the soume of Fiftie punds Sterling To be payed to the petitioner out of the bygone rents annualrents resting to her deceast husband by the persones debitors therin for the petitioners aliement from the time of her husbands decease till the terme of Whitsunday nixt to come And Declairs that her Discharge shall be a suficient exoneratione to them of the said soume And ordaines letters of horning one six dayes to be direct at the petitioners instance against the debitors to be Condescended by her in the said horning for payment of the said Soume out of the rents or annualrents to be alsoe Condescended on in the saids letters and others upon the premisses in forme as effeirs.

Edinburgh the Seventeinth day of January Jaj vjc nyntie five years

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Act

Act The Lady Dalvey

Anent a petition given in to the Lords of his Majesties privy Councill be Dame Agnes Scot relict of Sir James Grant of Dalvey Shewing that quher the petitioners husband was lately removed by death upon his way from the north to Edinburgh without having made any testament either as to the nameing of ane executor or as to the appointing of tutors to the petitioners daughters the only Cheldrein Lykeas his brother and air male and who should succeid to him in his wholl estate and fortune Is now absent in Ireland so that albeit by the petitioners Contract of mariage the petitioner be provyded to ane hundred punds sterling yearly and that her Cheldrein have alse particular provisiones and are oblidged to be aliamented untill the portiones fall due as likwayes that ther is a suficient estate both for the petitioners Childrein and the heir male yet by reasone of the forsaid Circumstances and that the petitioners husband dyed after the Mertimiss the petitioner Could put her hand to nothing either to pay funerall Charges or to aliement her self and familly that ought to be aliemented untill the terme that the petitioners enter to the payment of her Joyntur Which Cannot be till after Whitsunday nixt And seing that in such a necessitous case ther Lordships are the only refuge that could provyd some remeedy by warranting the petitioner to uplift also much of bygone annualrents and rents resting by debitors and tennants as might be necessary for defraying the said funerall Charges and aliementing the petitioner her Childrein and familly untill some Legall and regular Course may be taken for that effect And Therfore humbly Craving the saids Lords would be pleased in Consideration of the premises and that ther Could be no prejudice to any persone quhatsomever in what wes demanded to modifie to the petitioner ane Certaine soume for the ends and uses forsaid and to apoint the same to be payed to the petitioner out of the List of annualrents and rents that the petitioner has heirto subjoyned and by the persones Lyable in payment therof and to Grant warrand for letters for that effect as the saids Lords should see Cause as the petition bears The Lords of his majesties privy Councill having Considered this petition given in to them be the above Dam Agnes Scot They heirby Modifie the soume of Fiftie punds Sterling To be payed to the petitioner out of the bygone rents annualrents resting to her deceast husband by the persones debitors therin for the petitioners aliement from the time of her husbands decease till the terme of Whitsunday nixt to come And Declairs that her Discharge shall be a suficient exoneratione to them of the said soume And ordaines letters of horning one six dayes to be direct at the petitioners instance against the debitors to be Condescended by her in the said horning for payment of the said Soume out of the rents or annualrents to be alsoe Condescended on in the saids letters and others upon the premisses in forme as effeirs.

1. NRS, PC2/25, 151r-152r.

1. NRS, PC2/25, 151r-152r.

Act, 17 January 1695, Edinburgh

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Act

Act and Recomendatione The Laird of Sauchie and his tenants anent acompts

The Lords of his Majesties privy Councill haveing Considered two severall reports made to them be a Committie of their oun number appointed for reviseing the accompts resting be his majesties forces to the Countrey The first Report dated the thretein of February Jaj vjc nyntie one years and Bearing that the Committie having Considered the accompt of Losses sustained by […] Glass of Sauchie and his tenents with what number of forces were quartered in the baronies of Sauchie Caltenholl in the years Jaj vjc Eightie nyne and Jaj vjc nyntie Togither with the instructiones and verificationes therof They Find it suficiently proven be the oathes and Depositiones of the Laird of Sauchie and his tenents taken before two of the Commissioners of Supply Conforme to ther subscryved report produced that the haill articles in the accompt were truely furnished and are yet resting as stated in the accompt and particularly the Committie Finds that the first thrie articles in this accompt viz primo Two baggage horsses with secks and other furnitor in Jully Jaj vjc Eightie nyne valued both to fourtie four pund Item Eightein secks Lost be the saids tennents that Caried meall from Stirling to the toune of Pearth at twelue shilling the peice with two pair of sods Is twelue pund Item Lost by them ane horss and furnitur which Caried ammunitione from Stirling Castle to Pearth valued at Eightein pund are yet resting and it is the Committies opinion that these thrie articles are to be allowed to the said Laird of Sauchie and his tennents but not out of the fond of thrie monethes Cess and hearth money, Bot that they be Recomended to the Lords of thesaurie for payment therof In such way and maner as they shall think fitt, And Finds that ther is resting to the said Laird of Sauchie and his tennents be ther Majesties forces as they are after stated upon regiments and troops the soumes following viz by the Earle of Argylls regiment Eight pund sixtein shilling scots Item the Lord Ross his troop ane pund ten shilling scots Item be the Lord Cardross his regiment of Dragoons ane hundreth and nyntie two punds scots Item be the Earle of Glencairnes regiment thretie seven punds sixtein shilling scots Item be the Lord Elphingstounes troop seven punds scots Item by the laird of Grubits troup fourtie Eight punds scots Item by the Lord Newbotles troop two punds scots Extending the haill soumes to the soume of Thrie hundreth twenty seven punds two shilling and the Comittie give ther opinion that all these articles furnished to the above regiments and troops are to be allowed out of the thrie moneths Cess and hearth money And that the Laird of Sauchie and his tennants are to be Recomended to the Lords of the thesaury That they may Cause payment be made to them of the same accordingly, And the Comittie Finds the article following suficiently proven being the nynth article of the said accompt Viz That upon Thursday the fiftein of Jully Jaj vjc nyntie Ther came to the Laird of Sauchie his parks the Laird of Nyneholls2 his troop of Dragoons in Cardross regiement Consisting of fourtie they went out the Twentie thrid of the said moneth and returned that same night with another troop in the said regiment made up of the Colls and Livt Colls and my Lord Elphingstounes troop of horss which in all made Fourscore and Eleven horss They stayed till the twentie seventh of the said moneth at which time they marched towards Kippen they all returned the threttie day and stayed one night the haill at two shilling each night Extends to Thrie score seventein pund Fourtein shilling, and that besides the spoilling of young planting and breaking of Dykes And the Committie are of opinion that this article is to be allowed out of the above fond, And that the Laird of Sauchie and his tenants be Recomended to the saids Lords of thesaury for payment therof accordingly Reserving to the saids Lords (if they shall think fitt) to proportione the said article upon the said regiment of Dragoons and troop of horss each for ther oun parts and the Committie finds the fourteinth article of this accompt suficiently proven Viz that upon the thretie of Jully Last Coll Livingstounes regiment of Dragoons passing from Stirling to Kilsyth did destroy the victuall to the tenents of the said baronies as the samen was all pryzed by the Barlemen six bolls two pecks oats two pecks bear ane firlott of pease at six pund the boll over head with the Fodder is thretie nyne pund, And the Committie Remitts to the Lords of their majesties privy Councill to Consider Whither this article should be allowed or not and in what maner And the Comittie Finds the fifteinth articles of this accompt suficiently proven viz That John Airth in Pollocks troop came to Thomas Ross his house the twentie nynth day of Jully […] wher he Lay sick till the first of August at which time he dyed resting for his funeralls and mantainment Threttein pund Eight shilling, And it is the opinion of the Committie that this article is to be allowed out of the above fond In so farr as extends to ten shilling scots per diem for mantinance of the man and his horss frae the twentie nynth of Jully to sixth of August and that the rest of the article being for the mans funeralls to also to be allowed but not out of the above fond But in such way and maner as the Lords of thesaury shall think fit and that the Laird of Sauchie and his tenents forsaids are to be recomended to the saids Lords of thesaury for payment of both parts of the said article in the termes forsaids and the Comittie Finds the sixteinth and last article of the said accompt suficiently proven viz That ther was furnished by the saids tennants ane horss with furnitor an ane man for goeing to Innerlochie which horss being apprysed both at his giveing away and returning was found to be Eightein pund worss when he returned then when he went out which with the mans fie who went with him being nyne punds is twentie seven pund, And the Comitties opinion is that this article cannot be allowed or stated but that the tennents may yet be allowed to prove in the termes of the Councill proclamation what number of mylls the man and horss did travell with the forces and that ther be allowed thrie shilling scots per myll for both man and ane hoss as appoynted by former proclamation of Councill And it is the Comitties opinion that the mylles being proven the samen is not to be allowed out of the above fond but that the furnisher are to be recomended to the Lords of the thesaury for payment therof In such way and maner as ther Lordships shall think fitt and alse the saids Lords having Considered the second report dated the twentie one of December Jaj vjc nyntie four years Bearing the Committie having Considered the first report Remitts the same to the Councills Consideratione and it is ther opinion that the articles which in the report are Recomended to the payed out of the then thrie moneths cess and hearth money should now be Recomended to be payed out of the pole money appointed by the nynth act fourth session of this Current parliament these articles being all in the termes of the said act of parliament and proclamationes of Councill dated the Last of Jully Jaj vjc nyntie four Which the Comittie finds they are as the saids two reports in themselves at length bears The saids Lords of his majesties privy Councill Doe heirby Recomend to the Lords Commissioners of his majesties thesaury to Cause payment be made out of the present polemoney to the said Laird of Sauchie and his tenents of such soumes as by the first report are Recomended to be payed out of the then hearth money and three moneths Cess.

Edinburgh the Seventeinth day of January Jaj vjc nyntie five years

D1695/1/261

Act

Act and Recomendatione The Laird of Sauchie and his tenants anent acompts

The Lords of his Majesties privy Councill haveing Considered two severall reports made to them be a Committie of their oun number appointed for reviseing the accompts resting be his majesties forces to the Countrey The first Report dated the thretein of February Jaj vjc nyntie one years and Bearing that the Committie having Considered the accompt of Losses sustained by […] Glass of Sauchie and his tenents with what number of forces were quartered in the baronies of Sauchie Caltenholl in the years Jaj vjc Eightie nyne and Jaj vjc nyntie Togither with the instructiones and verificationes therof They Find it suficiently proven be the oathes and Depositiones of the Laird of Sauchie and his tenents taken before two of the Commissioners of Supply Conforme to ther subscryved report produced that the haill articles in the accompt were truely furnished and are yet resting as stated in the accompt and particularly the Committie Finds that the first thrie articles in this accompt viz primo Two baggage horsses with secks and other furnitor in Jully Jaj vjc Eightie nyne valued both to fourtie four pund Item Eightein secks Lost be the saids tennents that Caried meall from Stirling to the toune of Pearth at twelue shilling the peice with two pair of sods Is twelue pund Item Lost by them ane horss and furnitur which Caried ammunitione from Stirling Castle to Pearth valued at Eightein pund are yet resting and it is the Committies opinion that these thrie articles are to be allowed to the said Laird of Sauchie and his tennents but not out of the fond of thrie monethes Cess and hearth money, Bot that they be Recomended to the Lords of thesaurie for payment therof In such way and maner as they shall think fitt, And Finds that ther is resting to the said Laird of Sauchie and his tennents be ther Majesties forces as they are after stated upon regiments and troops the soumes following viz by the Earle of Argylls regiment Eight pund sixtein shilling scots Item the Lord Ross his troop ane pund ten shilling scots Item be the Lord Cardross his regiment of Dragoons ane hundreth and nyntie two punds scots Item be the Earle of Glencairnes regiment thretie seven punds sixtein shilling scots Item be the Lord Elphingstounes troop seven punds scots Item by the laird of Grubits troup fourtie Eight punds scots Item by the Lord Newbotles troop two punds scots Extending the haill soumes to the soume of Thrie hundreth twenty seven punds two shilling and the Comittie give ther opinion that all these articles furnished to the above regiments and troops are to be allowed out of the thrie moneths Cess and hearth money And that the Laird of Sauchie and his tennants are to be Recomended to the Lords of the thesaury That they may Cause payment be made to them of the same accordingly, And the Comittie Finds the article following suficiently proven being the nynth article of the said accompt Viz That upon Thursday the fiftein of Jully Jaj vjc nyntie Ther came to the Laird of Sauchie his parks the Laird of Nyneholls2 his troop of Dragoons in Cardross regiement Consisting of fourtie they went out the Twentie thrid of the said moneth and returned that same night with another troop in the said regiment made up of the Colls and Livt Colls and my Lord Elphingstounes troop of horss which in all made Fourscore and Eleven horss They stayed till the twentie seventh of the said moneth at which time they marched towards Kippen they all returned the threttie day and stayed one night the haill at two shilling each night Extends to Thrie score seventein pund Fourtein shilling, and that besides the spoilling of young planting and breaking of Dykes And the Committie are of opinion that this article is to be allowed out of the above fond, And that the Laird of Sauchie and his tenants be Recomended to the saids Lords of thesaury for payment therof accordingly Reserving to the saids Lords (if they shall think fitt) to proportione the said article upon the said regiment of Dragoons and troop of horss each for ther oun parts and the Committie finds the fourteinth article of this accompt suficiently proven Viz that upon the thretie of Jully Last Coll Livingstounes regiment of Dragoons passing from Stirling to Kilsyth did destroy the victuall to the tenents of the said baronies as the samen was all pryzed by the Barlemen six bolls two pecks oats two pecks bear ane firlott of pease at six pund the boll over head with the Fodder is thretie nyne pund, And the Committie Remitts to the Lords of their majesties privy Councill to Consider Whither this article should be allowed or not and in what maner And the Comittie Finds the fifteinth articles of this accompt suficiently proven viz That John Airth in Pollocks troop came to Thomas Ross his house the twentie nynth day of Jully […] wher he Lay sick till the first of August at which time he dyed resting for his funeralls and mantainment Threttein pund Eight shilling, And it is the opinion of the Committie that this article is to be allowed out of the above fond In so farr as extends to ten shilling scots per diem for mantinance of the man and his horss frae the twentie nynth of Jully to sixth of August and that the rest of the article being for the mans funeralls to also to be allowed but not out of the above fond But in such way and maner as the Lords of thesaury shall think fit and that the Laird of Sauchie and his tenents forsaids are to be recomended to the saids Lords of thesaury for payment of both parts of the said article in the termes forsaids and the Comittie Finds the sixteinth and last article of the said accompt suficiently proven viz That ther was furnished by the saids tennants ane horss with furnitor an ane man for goeing to Innerlochie which horss being apprysed both at his giveing away and returning was found to be Eightein pund worss when he returned then when he went out which with the mans fie who went with him being nyne punds is twentie seven pund, And the Comitties opinion is that this article cannot be allowed or stated but that the tennents may yet be allowed to prove in the termes of the Councill proclamation what number of mylls the man and horss did travell with the forces and that ther be allowed thrie shilling scots per myll for both man and ane hoss as appoynted by former proclamation of Councill And it is the Comitties opinion that the mylles being proven the samen is not to be allowed out of the above fond but that the furnisher are to be recomended to the Lords of the thesaury for payment therof In such way and maner as ther Lordships shall think fitt and alse the saids Lords having Considered the second report dated the twentie one of December Jaj vjc nyntie four years Bearing the Committie having Considered the first report Remitts the same to the Councills Consideratione and it is ther opinion that the articles which in the report are Recomended to the payed out of the then thrie moneths cess and hearth money should now be Recomended to be payed out of the pole money appointed by the nynth act fourth session of this Current parliament these articles being all in the termes of the said act of parliament and proclamationes of Councill dated the Last of Jully Jaj vjc nyntie four Which the Comittie finds they are as the saids two reports in themselves at length bears The saids Lords of his majesties privy Councill Doe heirby Recomend to the Lords Commissioners of his majesties thesaury to Cause payment be made out of the present polemoney to the said Laird of Sauchie and his tenents of such soumes as by the first report are Recomended to be payed out of the then hearth money and three moneths Cess.

1. NRS, PC2/25, 149r-151r.

2. Marginal note: ‘X’.

1. NRS, PC2/25, 149r-151r.

2. Marginal note: ‘X’.

Sederunt, 17 January 1695, Edinburgh

Posted on by

Edinburgh the Seventeinth day of January Jaj vjc nyntie five years1

D1695/1/252

Sederunt

Earl of Mortone; Earl of Cassills; Earl of Lothian; Earl of Leven; Earl of Anandale preces; Earl of Forfar; Earl of Broadalbine; Viscount Tarbat; Lord Raith T: dpt; Lord Carmicheall; Lord Polwarth; Lord Hatton; Lord Fountonhall; Laird of Grant; Laird of Stivensone; Laird of Leyes.

Edinburgh the Seventeinth day of January Jaj vjc nyntie five years1

D1695/1/252

Sederunt

Earl of Mortone; Earl of Cassills; Earl of Lothian; Earl of Leven; Earl of Anandale preces; Earl of Forfar; Earl of Broadalbine; Viscount Tarbat; Lord Raith T: dpt; Lord Carmicheall; Lord Polwarth; Lord Hatton; Lord Fountonhall; Laird of Grant; Laird of Stivensone; Laird of Leyes.

1. NRS, PC2/25, 149r.

2. NRS, PC2/25, 149r.

1. NRS, PC2/25, 149r.

2. NRS, PC2/25, 149r.

Act, 15 January 1695, Edinburgh

Posted on by

Edinburgh the Fyfteinth day of January Jaj vjc nyntie five years

D1695/1/241

Act

Act and Recomendation The Lord Kinairds tenents of Inchsture Longforgan and Rossie etc anent accompts

The Lords of his Majesties privy Councill Haveing Considered the report of a Comittie of their oun number appointed for reviseing the accompts resting be his majesties forces to the Countrey Wherof the tenor followes The Committie haveing Considered the accompt given in to them as resting be hi majesties forces to the Lord Kinaird and his tenents in the paroches of Inchsture Longforgane and Rossie etc with the instructiones and verifications therof They Find that ther are some of the articles of the said accompt wrong in the Calcull And Therfore they have Caused amend these articles and stated the same in this report according as they are now rightly Calculate, And the Committie Finds the haill articles of the said accompt according as they are now Calculat and stated in this report suficiently verified and proven partly by the oathes and depositiones of William Alexander James Jacksones elder and younger, Androw Galloway James Grahame James Gardner and William Fyfe taken before the Commissioners of Supply within the shyre of Pearth Conforme to the saids Commissioners ther report signed be them bearing that the persones forsaids Compeired before them And Deponed that the said accompt was truely furnished be them to his Majesties forces and that ther weas no payment made of any part therof and partly both be recepts under the hands of the Souldiers and be the saids depositiones and report of the Commissioners Both which recepts and report were produced to and Considered be the said Comittie And Finds that Conforme to the saids recepts and report the are resting be his majesties forces upon scots pay to the said Lord Kinard and his tennents forsaid the soumes following viz be the Earle of Argyll his regiment of foot the soume of ane hundreth and six punds Eleven shilling four pennies scots money Item by the Lord Beilhaven his troop of horss the soume of Fourtie two punds scots money for said Item by the Earle of Eglingtoune his troop of horss the soume of nyne pund two shilling scots money forsaid Extending the haill soumes forsaid due by his Majesties forces upon scots pay to the soume of ane hundreth fiftie seven punds thretein shilling four penies scots money forsaid And the Committie Finds that all the articles quherof the last soume is made up were furnished preceiding the first day of February Jaj vjc nyntie one years and that they are all in the termes of the nynth act fourth session of this Current parliament Entituled act for polemoney and of the proclamation of Councill relative therto of the date the last day of Jully Jaj vjc nyntie four years, and Therfore It is the Committies oppinion that the above soume of ane hundreth fiftie seven punds threttein shilling four penies scots money forsaid is to be payed to the Lord Kinaird and his tennants in the paroches forsaids out of the present pole money and that his Lordship and the saids tenents are to be recomended to the Lords Commissioners of his majesties thesaury for payment of the same accordingly and the Committie Finds it suficiently instructed in maner forsaid That ther is resting be Coll Lauders regiment which was not under scots pay the soume of thretie thrie punds Twelue shilling scots money to the said Lord Kinaird and his said tennants And it is their oppinion That this should be transmitted to the kings majestie That they may Order such Courss to be taken therwith as in his Royall Wisdome he shall think fitt as the said Report in it self bears The saids Lords of his majesties privy Councill Doe heirby approve of the forsaid report And Recomends to the Lords Commissioners of his Majesties thesaury To Cause payment be made out of the present polemoney to the said Lord Kinaird and his tennents in the parochins forsaid of the above soume of ane hundreth and Fiftie seven punds thretein shilling four pennies scots resting be the scots forces and appoints the soume resting be the English forces to be transmitted to his majestie to the effect mentioned in the above report

Edinburgh the Fyfteinth day of January Jaj vjc nyntie five years

D1695/1/241

Act

Act and Recomendation The Lord Kinairds tenents of Inchsture Longforgan and Rossie etc anent accompts

The Lords of his Majesties privy Councill Haveing Considered the report of a Comittie of their oun number appointed for reviseing the accompts resting be his majesties forces to the Countrey Wherof the tenor followes The Committie haveing Considered the accompt given in to them as resting be hi majesties forces to the Lord Kinaird and his tenents in the paroches of Inchsture Longforgane and Rossie etc with the instructiones and verifications therof They Find that ther are some of the articles of the said accompt wrong in the Calcull And Therfore they have Caused amend these articles and stated the same in this report according as they are now rightly Calculate, And the Committie Finds the haill articles of the said accompt according as they are now Calculat and stated in this report suficiently verified and proven partly by the oathes and depositiones of William Alexander James Jacksones elder and younger, Androw Galloway James Grahame James Gardner and William Fyfe taken before the Commissioners of Supply within the shyre of Pearth Conforme to the saids Commissioners ther report signed be them bearing that the persones forsaids Compeired before them And Deponed that the said accompt was truely furnished be them to his Majesties forces and that ther weas no payment made of any part therof and partly both be recepts under the hands of the Souldiers and be the saids depositiones and report of the Commissioners Both which recepts and report were produced to and Considered be the said Comittie And Finds that Conforme to the saids recepts and report the are resting be his majesties forces upon scots pay to the said Lord Kinard and his tennents forsaid the soumes following viz be the Earle of Argyll his regiment of foot the soume of ane hundreth and six punds Eleven shilling four pennies scots money Item by the Lord Beilhaven his troop of horss the soume of Fourtie two punds scots money for said Item by the Earle of Eglingtoune his troop of horss the soume of nyne pund two shilling scots money forsaid Extending the haill soumes forsaid due by his Majesties forces upon scots pay to the soume of ane hundreth fiftie seven punds thretein shilling four penies scots money forsaid And the Committie Finds that all the articles quherof the last soume is made up were furnished preceiding the first day of February Jaj vjc nyntie one years and that they are all in the termes of the nynth act fourth session of this Current parliament Entituled act for polemoney and of the proclamation of Councill relative therto of the date the last day of Jully Jaj vjc nyntie four years, and Therfore It is the Committies oppinion that the above soume of ane hundreth fiftie seven punds threttein shilling four penies scots money forsaid is to be payed to the Lord Kinaird and his tennants in the paroches forsaids out of the present pole money and that his Lordship and the saids tenents are to be recomended to the Lords Commissioners of his majesties thesaury for payment of the same accordingly and the Committie Finds it suficiently instructed in maner forsaid That ther is resting be Coll Lauders regiment which was not under scots pay the soume of thretie thrie punds Twelue shilling scots money to the said Lord Kinaird and his said tennants And it is their oppinion That this should be transmitted to the kings majestie That they may Order such Courss to be taken therwith as in his Royall Wisdome he shall think fitt as the said Report in it self bears The saids Lords of his majesties privy Councill Doe heirby approve of the forsaid report And Recomends to the Lords Commissioners of his Majesties thesaury To Cause payment be made out of the present polemoney to the said Lord Kinaird and his tennents in the parochins forsaid of the above soume of ane hundreth and Fiftie seven punds thretein shilling four pennies scots resting be the scots forces and appoints the soume resting be the English forces to be transmitted to his majestie to the effect mentioned in the above report

1. NRS, PC2/25, 148r-149r.

1. NRS, PC2/25, 148r-149r.