Act, 8 January 1695, Edinburgh

Edinburgh the Tenth day of January Jaj vjc nyntie five years

D1695/1/131

Act

Act Mr Hew Craig

Anent a Petition given in to the Lords of his Majesties privy Councill be Mr Hew Craig minister at Galla with Consent of Hew Scot of Galla patron of the parochine for his intrest Shewing That quho the petitioner haveing received ane unanimous Call from the parishioners of the parosh of Gallosheills a litle after Whitsunday Jaj vjc nyntie two He did therafter preach frequently at the Church of Galla and was at Considerable expences not only by his frequent Jurneyes from his oun house to the toune of Galla Bot likwayes in transporting of his familly being at so great a distance and haveing been ordained minister shortly after michellmiss Jaj vjc nyntie two the presbytrie of that bounds did visit the Church and manse of Galla and by their act of presbytrie therwith produced Recomend that the stipend of the year Jaj vjc nyntie two should be bestowed upon the repairationes of the kirk and manse Extending to upwards of two hundred and twenty punds and the remander on the petitioner for the Causes above represented. And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned The Lords of his Majesties privy Councill having Considered the above petition given in to them be the above Mr Hew Craig with the patrones Consent at the end therof and the presbytries act mentioned in and produced with the said petitione They heirby allow to the petitioner The vaccand stipend of the above Kirk of Gallasheills for the haill Cropt and year of God Jaj vjc nyntie two And Ordaines him to be readiely answered obeyed and payed therof be the heritors fewers wodsetters fermors titulars tacksmen of Teynds tennents possessors and others Lyable in payment therof and ordaines letters of horning to be direct at the petitioners instance against them for that effect He allwayes produceing a decreet of Locality and in case ther be non; Ordaines these Lyable to make payment of ther respective proportiones according as they shall be Decerned be the Judge ordinar In Respect the petitioner has given bond and fund suficient Cautione acted in the books of privy Councill That he shall Imploy as much of the said years stipend as is necessary upon the repairationes of the said Kirk and manse of Gallosheills be vertue of the above act of the presbytrie of Selkirk past at ther visitatione of the said kirk and manse dated the nynth day of January Jaj vjc nyntie four years.

Edinburgh the Tenth day of January Jaj vjc nyntie five years

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Act

Act Mr Hew Craig

Anent a Petition given in to the Lords of his Majesties privy Councill be Mr Hew Craig minister at Galla with Consent of Hew Scot of Galla patron of the parochine for his intrest Shewing That quho the petitioner haveing received ane unanimous Call from the parishioners of the parosh of Gallosheills a litle after Whitsunday Jaj vjc nyntie two He did therafter preach frequently at the Church of Galla and was at Considerable expences not only by his frequent Jurneyes from his oun house to the toune of Galla Bot likwayes in transporting of his familly being at so great a distance and haveing been ordained minister shortly after michellmiss Jaj vjc nyntie two the presbytrie of that bounds did visit the Church and manse of Galla and by their act of presbytrie therwith produced Recomend that the stipend of the year Jaj vjc nyntie two should be bestowed upon the repairationes of the kirk and manse Extending to upwards of two hundred and twenty punds and the remander on the petitioner for the Causes above represented. And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned The Lords of his Majesties privy Councill having Considered the above petition given in to them be the above Mr Hew Craig with the patrones Consent at the end therof and the presbytries act mentioned in and produced with the said petitione They heirby allow to the petitioner The vaccand stipend of the above Kirk of Gallasheills for the haill Cropt and year of God Jaj vjc nyntie two And Ordaines him to be readiely answered obeyed and payed therof be the heritors fewers wodsetters fermors titulars tacksmen of Teynds tennents possessors and others Lyable in payment therof and ordaines letters of horning to be direct at the petitioners instance against them for that effect He allwayes produceing a decreet of Locality and in case ther be non; Ordaines these Lyable to make payment of ther respective proportiones according as they shall be Decerned be the Judge ordinar In Respect the petitioner has given bond and fund suficient Cautione acted in the books of privy Councill That he shall Imploy as much of the said years stipend as is necessary upon the repairationes of the said Kirk and manse of Gallosheills be vertue of the above act of the presbytrie of Selkirk past at ther visitatione of the said kirk and manse dated the nynth day of January Jaj vjc nyntie four years.

1. NRS, PC2/25, 139v-140r.

1. NRS, PC2/25, 139v-140r.

Sederunt, 8 January 1695, Edinburgh

Edinburgh the Tenth day of January Jaj vjc nyntie five years1

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Sederunt

Earl of Melvill p: S:; Earl of Argyll; Earl of Mortone; Earl of Cassills; Earl of Leven; Earl of Annandale preces; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Raith; Lord Carmichell; Lord Polwarth; Lord Advocat; Lord Justice Clerk; Lord Hatton; Laird of Grant

Edinburgh the Tenth day of January Jaj vjc nyntie five years1

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Sederunt

Earl of Melvill p: S:; Earl of Argyll; Earl of Mortone; Earl of Cassills; Earl of Leven; Earl of Annandale preces; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Raith; Lord Carmichell; Lord Polwarth; Lord Advocat; Lord Justice Clerk; Lord Hatton; Laird of Grant

1. NRS, PC2/25, 139v.

2. NRS, PC2/25, 139v.

1. NRS, PC2/25, 139v.

2. NRS, PC2/25, 139v.

Procedure: remission, 3 January 1695, Edinburgh

Edinburgh the Thrid day of January Jaj vjc nyntie five years

D1695/1/111

Procedure: remission

Remitt anent John Foubester

Anent a Petition given in and presented to the Lords of his Majesties privy Councill be John Foubster shewing That quheras a petitione being presented to the saids Lords in name of Jean Durhame the petitioners wyfe Complaineing of the petitioners hard usage towards her and Craveing ane aliement and the bill being Committed and witnesses examined The petitioner being present at the said Examinatione and by the petitioners rash and inconsiderat Discourse haveing expressed some words which offended the saids Lords of the said Committie which being represented to the Lord preces the petitioner is ordered to the Tolbooth of Edinburgh wherin he hade remained for the space of Twentie thrie dayes bygone Which hath tende2 to the great Loss of his bussines and Imployment And Lykwyes to the petitioners bade disposition of body, and For which expressiones and offence the petitioner was heartily sory and regratefull and doe heirby humbly Crave pardone of the saids Lords And Therfore Humbly Craveing the saids Lords would take the petitioners Conditione of afflictione to ther Consideration And seing the petitioner hath suffered such ane long Imprisonment for the said Culpation and escape would be pleased to Liberat the petitioner Leaves to the saids Lords as the said petitione in it self more fully bears The saids Lords of his Majesties privy Councill Having Considered this petitione given in to them be the above John Foubster They heirby Remit the same to the former Committie to be Considered by them with power to them to give order for the petitioners Liberatione in such termes as they shall find Just Or other wayes to order him to be Continued prisoner.

Edinburgh the Thrid day of January Jaj vjc nyntie five years

D1695/1/111

Procedure: remission

Remitt anent John Foubester

Anent a Petition given in and presented to the Lords of his Majesties privy Councill be John Foubster shewing That quheras a petitione being presented to the saids Lords in name of Jean Durhame the petitioners wyfe Complaineing of the petitioners hard usage towards her and Craveing ane aliement and the bill being Committed and witnesses examined The petitioner being present at the said Examinatione and by the petitioners rash and inconsiderat Discourse haveing expressed some words which offended the saids Lords of the said Committie which being represented to the Lord preces the petitioner is ordered to the Tolbooth of Edinburgh wherin he hade remained for the space of Twentie thrie dayes bygone Which hath tende2 to the great Loss of his bussines and Imployment And Lykwyes to the petitioners bade disposition of body, and For which expressiones and offence the petitioner was heartily sory and regratefull and doe heirby humbly Crave pardone of the saids Lords And Therfore Humbly Craveing the saids Lords would take the petitioners Conditione of afflictione to ther Consideration And seing the petitioner hath suffered such ane long Imprisonment for the said Culpation and escape would be pleased to Liberat the petitioner Leaves to the saids Lords as the said petitione in it self more fully bears The saids Lords of his Majesties privy Councill Having Considered this petitione given in to them be the above John Foubster They heirby Remit the same to the former Committie to be Considered by them with power to them to give order for the petitioners Liberatione in such termes as they shall find Just Or other wayes to order him to be Continued prisoner.

1. NRS, PC2/25, 138v-139r.

2. The word ‘ded’ scored out here.

1. NRS, PC2/25, 138v-139r.

2. The word ‘ded’ scored out here.

Act, 3 January 1695, Edinburgh

Edinburgh the Thrid day of January Jaj vjc nyntie five years

D1695/1/101

Act

Act and Remitt Wilson and the Laird of Carseburn

Anent a Petitione given in to the Lords of his Majesties privy Councill be Mr Robert Wilsone merchant in Ranfrew Shewing that the petitioner and Hew Crafurd merchant in Glasgow being in Jully Last 2 Taken and Caried in to Dunkirk prisoners by the French privateers and after they had payed their Ransome and procured ther Libertie Finding ane small vessell with twentie nyne Tuns of French wyne ther exposed to sale They did upon their oun credit bargane for the same and drew bills upon their freinds in Glasgow for the agreed pryce therof and your petitioner haveing therafter come sage with his vessell and loadening to the port of Montross, He did wryte to Thomas Crafurd of Carsburne who was his partiners father for his advyce anent the disposall of the said Loadening and being advised by him not to dispose 3 of any part of the saids wynes at Montross But to bring the samen to the Firth, The petitioner did therupon bring the ship to Cockeny, But Thomas Crafurd Resolved to take some unjust advantage of the petitioner, And Finding that the persones upon whom the petitioner had drawen his bills for the equall half of the pryce of the ship and Loadening were deceased, He did without any warrand or Commission from the petitioner accept and pay the saids bills and therafter came to Cockeny And took away the keyes of the petitioners seller 4 wher the wynes were Lying and threatned outterly to ruine the petitioner with execrible oathes unles the petitioner would dispon all to him without so much as ane backbond, and the petitioner haveing absolutely refused to Comply with his So unjust ane desyre he prevailled with one Peetter Blair to insinuat himself in the petitioners acquantance and to perswade the petitioner to Dispone all to him upon ane backbond, which is herewith produced The said Peeter Blair being Carsburnes oune Cousine and ordinarie agent albeit his being so was absolutely then concealled for the petitioner and after he hade granted the said disposition Carseburne And the said Peetter Blair did make ane Singular roop of the said wynes by which they were sold and rouped to Carseburne himself at the rate of Threttie one punds sterling per Tun albeit the Current rate was fiftie or fiftie six punds sterling at least and that Carsburne himself received no Less for the Tun therof By which means the petitioner is abused and oppressed out of his said wynes and therby outterly ruined both in the petitioners Trade and Credit And Therfore Humbly Craveing the saids Lords would Consider the premisses and to Recomend to some of their oun number to Call Carsburne and the said Petter Blair befor ther Lordships and to take tryall anent the haill affair and to do such Justice therin as their Lordships should think fitt as the petition bears The Lords of his majesties privy Councill haveing Considered this petition given in to them be the above Mr Robert Wilsone and answers therto be the said Thomas Crafurd of Carsburne They heirby Remitt the subject matter of the petition and answers to be insisted in and discussed befor the Lords of session or other Judge ordinary and Competent as accords in Law.

Edinburgh the Thrid day of January Jaj vjc nyntie five years

D1695/1/101

Act

Act and Remitt Wilson and the Laird of Carseburn

Anent a Petitione given in to the Lords of his Majesties privy Councill be Mr Robert Wilsone merchant in Ranfrew Shewing that the petitioner and Hew Crafurd merchant in Glasgow being in Jully Last 2 Taken and Caried in to Dunkirk prisoners by the French privateers and after they had payed their Ransome and procured ther Libertie Finding ane small vessell with twentie nyne Tuns of French wyne ther exposed to sale They did upon their oun credit bargane for the same and drew bills upon their freinds in Glasgow for the agreed pryce therof and your petitioner haveing therafter come sage with his vessell and loadening to the port of Montross, He did wryte to Thomas Crafurd of Carsburne who was his partiners father for his advyce anent the disposall of the said Loadening and being advised by him not to dispose 3 of any part of the saids wynes at Montross But to bring the samen to the Firth, The petitioner did therupon bring the ship to Cockeny, But Thomas Crafurd Resolved to take some unjust advantage of the petitioner, And Finding that the persones upon whom the petitioner had drawen his bills for the equall half of the pryce of the ship and Loadening were deceased, He did without any warrand or Commission from the petitioner accept and pay the saids bills and therafter came to Cockeny And took away the keyes of the petitioners seller 4 wher the wynes were Lying and threatned outterly to ruine the petitioner with execrible oathes unles the petitioner would dispon all to him without so much as ane backbond, and the petitioner haveing absolutely refused to Comply with his So unjust ane desyre he prevailled with one Peetter Blair to insinuat himself in the petitioners acquantance and to perswade the petitioner to Dispone all to him upon ane backbond, which is herewith produced The said Peeter Blair being Carsburnes oune Cousine and ordinarie agent albeit his being so was absolutely then concealled for the petitioner and after he hade granted the said disposition Carseburne And the said Peetter Blair did make ane Singular roop of the said wynes by which they were sold and rouped to Carseburne himself at the rate of Threttie one punds sterling per Tun albeit the Current rate was fiftie or fiftie six punds sterling at least and that Carsburne himself received no Less for the Tun therof By which means the petitioner is abused and oppressed out of his said wynes and therby outterly ruined both in the petitioners Trade and Credit And Therfore Humbly Craveing the saids Lords would Consider the premisses and to Recomend to some of their oun number to Call Carsburne and the said Petter Blair befor ther Lordships and to take tryall anent the haill affair and to do such Justice therin as their Lordships should think fitt as the petition bears The Lords of his majesties privy Councill haveing Considered this petition given in to them be the above Mr Robert Wilsone and answers therto be the said Thomas Crafurd of Carsburne They heirby Remitt the subject matter of the petition and answers to be insisted in and discussed befor the Lords of session or other Judge ordinary and Competent as accords in Law.

1. NRS, PC2/25, 137v-138r.

2. Illegible word scored out here.

3. The word ‘one’ scored out here.

4. The word ‘whill he’ scored out here.

1. NRS, PC2/25, 137v-138r.

2. Illegible word scored out here.

3. The word ‘one’ scored out here.

4. The word ‘whill he’ scored out here.

Act, 3 January 1695, Edinburgh

Edinburgh the Thrid day of January Jaj vjc nyntie five years

D1695/1/91

Act

Act and Recommendation the Countess of Weemes accompts

The Lords of his Majesties Privy Councill having Considered the Report of a Comittie of their own Number appointed for Revising the accounts resting be the Forces to the Countrey Wherof the tenor followes. The Comittee having Revised the accounts given in to them as resting be their Majesties forces to the tennants in Westerdrone, and the Countess of Weems tennants in the Parioch of Rind in Perthshire, and first having considered the account given in as resting to the saids Tennants of Drone with the Instructiones and verifications therof, They find the hail articles of the said accompt sufficiently proven be the depositions of the tennants taken before two of the Commissioners of Supply of the said shire pf Perth, and pairt therof both by receipt produced before the Comittee, and the depositiones forsaid conform to the report of the saids Commissioners bearing the tennants to have deponed upon the hail articles so far as they did not Instruct by receipts, and the Committee finds that conform to the said accompt and Instructions therof there is resting to the saids tennants be their Majesties forces as they are stated upon Regiments and Troupes in manner underwritten the sumes following viz. Imprimis be Captain Hume of Nineholls his Company of Dragoons in My Lord Cardross Regiment the sume of four pounds and four shillings scots. Item My Lord Anguss his Regiment of foot the sum of twenty two pound, eight shilling Scots. Item be the Earle of Argile’s regiment of foot thirty two pound fourteen shilling scots Item be the Earle of Eglintouns troop of horse eight pound five shilling eight pennies scots Extending the saids haill sumes due be the forces forsaids to the saids Tennants of Drone to the sume of sixty seven pound eleven shilling eight pennies scots and it is the Committee’s opinion that this sume is to be payed to the saids Tennants out of the three moneth’s Cess and hearth money appointed by act of Parliament for payment of the debts resting be their majesties forces to the Countrey, and arrears due to the army, and that they are to be recommended to the Lords of his majesties Theasury for payment therof accordingly. and finds ther is resting be the English dragoons, and be Collonell Livingstones dragoons to the saids tennants, but no out of the above fond. and that they are to be recommended to the saids Lords of their majesties theasury for payment therof in such way and manner, and out of such fond as their Lordships shall think fitt, and finds there is furnished be the saids tennants to the Garrison of Drummond four pound eight shilling scots, and It’s the Committee’s opinion this is to be pay’d to the saids Tennants out of the above fond, and that they are to be recommended to the Lords of Theasury for payment therof accordingly, and the Committee having Considered the other accompt given in to them as resting be their majesties forces to the saids tennants in the parish of Rind with the Instructiones and verificiationes therof they find the haill articles of the said accompt (as the same is now reformed by order of the said Committee) sufficiently verified and proven partly by receipts of the Souldiers produced before the Committee and partly by the depositiones of the Landlords or of Witnesses taken before two Commissioners of Supply of the said shire of Perth conform to the report of the saids Commissioners produced before the Committee bearing that the tennants gave up the accompt, and instructed the same by receipts, and deponed upon their oathes where receipts were wanting, and proved the same be Witnesses, and the Committee finds that conform to the said accompt and Instructions therof there is resting to the saids tennants be their majesties forces, as they are stated upon Regiments and troops in manner underwritten the sumes following viz Imprimis by the Laird of Grurbet’s troop four pound ten shilling scots. Item by the Lord Newbottle’s troop seventy eighty pound fifteen shilling eight pennies. Item by the Lord Rollo’s troop eighteen pound six pennies. Item by the Earle of Eglington’s troop five pound one shilling six pennies Item by the Laird of Polwarth’s troop fourty eight pound four shilling six pennies Item by the Earl Argile’s Regiment thirty one pound ten shilling Item be Captain Lockhart’s troop of dragoon’s eighty five pound eight shilling Extending the hail sumes forsaids due by their majesties forces abovenamed to the saids tennants in the parioch of Rind to the sume of two hundreth and seventy one pound ten shilling ten pennies. And it is the Opinion of the Committee that this sum is to be allow’d to the saids tennants out of the above fond of three moneths cess and hearth-money and that they are to be recommended to the Lords Commissioners of their majesties Theasury for payment therof accordingly And the Committee finds be the said accompt and Instructiones therof that theire is furnished be the saids tennants to the magazine at Perth, straw to the value of three pound thirteen shilling four pennies scots, and the Committee are of opinion that this is not to be allowed to the tennants hoc Loco, but the keeper of the said magazine to whom it will be allowed be the Theasury in his accompts ought to compt to the saids tennants for the same, as the said report in it self beares and the saids Lords having also considered an other report of the said Committee for revising the accompts Bearing that the hail articles of the forgoing report resting be the Scots forces were furnished preceeding the first day of February Jaj vjc ninty one and that they are all in the termes of the act of parliament anent the pole-money, and proclamation of Councill relative therto. The saids Lords of his Majesties Privy Councill doe hereby approve of the forsaids reports and recommends to the Lords Commissioners of his Majesties Theasury to cause payment be made out of the present pole-money to the tennants mentioned in the saids reports of such sumes as by the first report are to be pay’d out of the then hearth-money

Edinburgh the Thrid day of January Jaj vjc nyntie five years

D1695/1/91

Act

Act and Recommendation the Countess of Weemes accompts

The Lords of his Majesties Privy Councill having Considered the Report of a Comittie of their own Number appointed for Revising the accounts resting be the Forces to the Countrey Wherof the tenor followes. The Comittee having Revised the accounts given in to them as resting be their Majesties forces to the tennants in Westerdrone, and the Countess of Weems tennants in the Parioch of Rind in Perthshire, and first having considered the account given in as resting to the saids Tennants of Drone with the Instructiones and verifications therof, They find the hail articles of the said accompt sufficiently proven be the depositions of the tennants taken before two of the Commissioners of Supply of the said shire pf Perth, and pairt therof both by receipt produced before the Comittee, and the depositiones forsaid conform to the report of the saids Commissioners bearing the tennants to have deponed upon the hail articles so far as they did not Instruct by receipts, and the Committee finds that conform to the said accompt and Instructions therof there is resting to the saids tennants be their Majesties forces as they are stated upon Regiments and Troupes in manner underwritten the sumes following viz. Imprimis be Captain Hume of Nineholls his Company of Dragoons in My Lord Cardross Regiment the sume of four pounds and four shillings scots. Item My Lord Anguss his Regiment of foot the sum of twenty two pound, eight shilling Scots. Item be the Earle of Argile’s regiment of foot thirty two pound fourteen shilling scots Item be the Earle of Eglintouns troop of horse eight pound five shilling eight pennies scots Extending the saids haill sumes due be the forces forsaids to the saids Tennants of Drone to the sume of sixty seven pound eleven shilling eight pennies scots and it is the Committee’s opinion that this sume is to be payed to the saids Tennants out of the three moneth’s Cess and hearth money appointed by act of Parliament for payment of the debts resting be their majesties forces to the Countrey, and arrears due to the army, and that they are to be recommended to the Lords of his majesties Theasury for payment therof accordingly. and finds ther is resting be the English dragoons, and be Collonell Livingstones dragoons to the saids tennants, but no out of the above fond. and that they are to be recommended to the saids Lords of their majesties theasury for payment therof in such way and manner, and out of such fond as their Lordships shall think fitt, and finds there is furnished be the saids tennants to the Garrison of Drummond four pound eight shilling scots, and It’s the Committee’s opinion this is to be pay’d to the saids Tennants out of the above fond, and that they are to be recommended to the Lords of Theasury for payment therof accordingly, and the Committee having Considered the other accompt given in to them as resting be their majesties forces to the saids tennants in the parish of Rind with the Instructiones and verificiationes therof they find the haill articles of the said accompt (as the same is now reformed by order of the said Committee) sufficiently verified and proven partly by receipts of the Souldiers produced before the Committee and partly by the depositiones of the Landlords or of Witnesses taken before two Commissioners of Supply of the said shire of Perth conform to the report of the saids Commissioners produced before the Committee bearing that the tennants gave up the accompt, and instructed the same by receipts, and deponed upon their oathes where receipts were wanting, and proved the same be Witnesses, and the Committee finds that conform to the said accompt and Instructions therof there is resting to the saids tennants be their majesties forces, as they are stated upon Regiments and troops in manner underwritten the sumes following viz Imprimis by the Laird of Grurbet’s troop four pound ten shilling scots. Item by the Lord Newbottle’s troop seventy eighty pound fifteen shilling eight pennies. Item by the Lord Rollo’s troop eighteen pound six pennies. Item by the Earle of Eglington’s troop five pound one shilling six pennies Item by the Laird of Polwarth’s troop fourty eight pound four shilling six pennies Item by the Earl Argile’s Regiment thirty one pound ten shilling Item be Captain Lockhart’s troop of dragoon’s eighty five pound eight shilling Extending the hail sumes forsaids due by their majesties forces abovenamed to the saids tennants in the parioch of Rind to the sume of two hundreth and seventy one pound ten shilling ten pennies. And it is the Opinion of the Committee that this sum is to be allow’d to the saids tennants out of the above fond of three moneths cess and hearth-money and that they are to be recommended to the Lords Commissioners of their majesties Theasury for payment therof accordingly And the Committee finds be the said accompt and Instructiones therof that theire is furnished be the saids tennants to the magazine at Perth, straw to the value of three pound thirteen shilling four pennies scots, and the Committee are of opinion that this is not to be allowed to the tennants hoc Loco, but the keeper of the said magazine to whom it will be allowed be the Theasury in his accompts ought to compt to the saids tennants for the same, as the said report in it self beares and the saids Lords having also considered an other report of the said Committee for revising the accompts Bearing that the hail articles of the forgoing report resting be the Scots forces were furnished preceeding the first day of February Jaj vjc ninty one and that they are all in the termes of the act of parliament anent the pole-money, and proclamation of Councill relative therto. The saids Lords of his Majesties Privy Councill doe hereby approve of the forsaids reports and recommends to the Lords Commissioners of his Majesties Theasury to cause payment be made out of the present pole-money to the tennants mentioned in the saids reports of such sumes as by the first report are to be pay’d out of the then hearth-money

1. NRS, PC2/25, 135v-137r.

1. NRS, PC2/25, 135v-137r.

Act, 3 January 1695, Edinburgh

Edinburgh the Thrid day of January Jaj vjc nyntie five years

D1695/1/81

Act

Act anent the additionall accompts due to the Toun of Glasgow

The Lords of his Majesties privy Councill Having Considered ane principall report made to them by a Committie of ther oun number appointed for revising the accompts resting by his Majesties forces to the Countrey Wherof the tenor followes; The Committie haveing Considered the accompts given in to them as resting be the officers and souldiers of their majesties forces to the inhabitants of the toune of Glasgow with the instructiones and verificationes therof They find the haill articles of the said acompt Except the nynth and threteinth articles stated upon the Earle of Argylls regiment which not being in the termes of the proclamation of Councill of the date the thretie first day of Jully Last Jaj vjc nyntie four years They have Cause delite out the accompt)2 suficiently verified and proven be the oathes and depositiones of the saids inhabitants taken before two of the Commissioners of Supply within the Shyre of Lanerk Conforme to the report of the saids Commissioners produced to and Considered by the said Comittie, And Finds that besides the two saids articles quhich are not in the termes of the above proclamatione of Councill ther is yet resting by ther majesties forces upon the scots establishment to the saids inhabitants of Glasgow the Soumes following viz by the Earle of argyle his regiment of foot the soume of thrie hundleth thrie score nyne punds ten shilling six penies scots Item by the viscount of Kenmure his regiment of foot the soume of six hundreth Thrie score fiftein punds four shilling six penies Scots Item by the Lord Blantyre his regiment of foot ane hundreth and thretie one punds nyne shilling scots Item by the Lord Bargeny his regiment thrie punds fiftein shilling four penies scots Item by the Earle of Glencairne his regiment fourscore one punds fourtein shilling ten penies scots Item by the Earle of Eglingtone his troop of horss twentie two pund scots money Item by Coll Cuninghame his regiment of foot Twentie pund two shilling scots And the Committie have rejected and Caused delite the article of seventie six punds twelue shilling scots in this accompt stated as resting be the Laird of Grubits troop In Respect the same is for Silver Buttons and the Charge of a pair of Buckles and so not in the termes of the said proclamatione of Councill of the date the said thretie first day of Jully Jaj vjc nyntie four years Extending the haill soumes forsaids due be the scots forces abovementioned to the saids inhabitants of Glasgow to the soume of ane thousand thrie hundreth and thrie punds sixtein shilling ten penies scots money And the Committie finds that the haill articles of the said accompt quherof the said soume is made up being besides the articles which are rejected and delite)3 were furnished preceeding the first of February Jaj vjc nyntie one And that they are all in the termes of the act fourth session of this Current parliament entituled act for polemoney and of the proclamatione of Councill relative dated the last of Jully Jaj vjc nyntie four years And Therfore It is ther opinion That the said Soume of one Thousand thrie hundreth and thrie punds sixtein shilling ten penies scots is to be allowed to the saids inhabitants of Glassgow out of the said polemoney and that the saids inhabitants are to be recomended to the Lords Commissioners of their majesties thesaury for payment of the same accordingly And the Committie Finds that besides the articles above sett doune ther is stated in the said accompt as resting be the persones aftermentioned in the Lord Angus regiment Viz Be Captain James Caldwall fiftie merks scots to Doctor Thomas Kennedy Item be him to John Boyd Chirugeon thrie hundred merks money forsaid for attendance and medicaments and be Serjant Millar to the said John Boyd twentie four punds money Which the Comittie Finds suficiently verified and proven in the same maner with the rest of the articles of the above accompts and Finds that the same is preceiding the said first of February Jaj vjc nyntie one years And the Committie being Informed be John Andersone of Dowhill who was provest of Glasgow when thir two debts were Contracted that the same were for cureing the said Captaine Caldweell and Serjant Miller of wounds which they received when they hade been at Dunkell and that the Captaine Laboured under his wounds for many moneths It is the Commities oppinion that the soumes ought to be payed to the said Doctor and Chirurgeon out of the said pole money In so farr allenarly as the arrears due to the Captain and Serjant in particular will extend to without burthening the arreirs resting to the wholl regiement in generall with the same, and that the said Doctor and Chirurgeon are to be Recomended to the Lords Commissioners of their Majesties thessaury for payment in these termes, and the Committie Finds that besides the haill articles of the above accompts ther is resting be the officers of the Severall regiments afternamed to the Magistrats Toune Councill and Communitie of the burgh of Glasgow The principall soumes following, Which they Find sufficiently verified and proven be bonds bearing annualrents and every one of them bearing to be expressly for the use of the regiment all dated before the first day of February Jaj vjc nyntie one subscryved be the officers of the respective regiments and registrat in the books of Councill and session quherof the extracts were produced to and seen and Considered be the Committie viz By the Earle of Argyle his regiment the soume of one Thousand four hundred nyntie four punds scots, Item be the Viscount of Kenmure his regiment the soume of nyne hundreth and Twentie four pounds scots money forsaid Item be the Laird of Grant his regiment the soume of ane Hundreth fiftie pund money forsaid Extending the saids principall soumes altogither in one to the soume of Two Thousand five hundreth sixtie Eight pund money forsaid and it is the Committies oppinion That ther is no annualrent to be payd for the principall soumes being arreirs to the forces for quhich the king and Queens majesties are to pay the annualrent But it is ther oppinion that the above principall soumes Extending without annualrent as said is are to be payed out of the above polemoney And that the magistrats Toune Councill and Communitie of Glasgow are to be recomended to the saids Lords Commissioners of their majesties thesaury for payment of the same accordingly, And Finds it suficiently instructed by a ticket under the hand of Captain Home Nynwells in the deceast Lord Cardross his regiment of Dragoons in August Jaj vjc Eightie nyne That ther is resting be that regiment to James Peddie the soume of nyntein punds Scots for Grass and it is the oppinion of the said Committie that this soume be payed to the said James Peddie out of the said polemoney And that he is to be Recomended to the Lords Commissioners of ther Majesties thesaury for payment of the same Accordingly And Finds it suficiently proven under the hand of Captaine James Stewart That ther was furnished by the magistrats of Glassgow for the use of the Garison of Dinkell in Jully Jaj vjc nyntie when they were in great scarcity and extream hazard The number of Eightie bolls of meall, Which at Eight punds per boll amounts to sixtie four punds, and it is ther oppinion that ther is to be payed to the saids magistrats out of the said polemoney And that the saids magistrats are to be recomended to the saids Lords Commissioners of their majesties thesaurie for payment of the same accordingly And Finds that ther is resting be Captain Dunbar in the Viscount of Kenmuires regiment to James Robb merchant in Glasgow the soume of Threttie punds Scots for shoes furnished to the Souldiers in his Company instructed per bond bearing annualrent and expenses dated the sixth day of may Jaj vjc nyntie years and It is the Committies oppinion that ther should be no annualrent or expenses allowed But that the principall soume should be payed out of the said polemoney And that the said James Robb should be Recomended to the Lords of the thesaury for payment therof as the principall report it self at more length bears And Sicklike The saids Lords of his majesties privy Councill haveing Considered ane other additionall report made to them by the said4 Committie appointed for reviseing the accompts resting by his Majesties forces to the Countrey quherof the tenor followes The Comittie having Considered the accompts given in to them as resting be Captain Robert Buntein in the Earle of Glencairnes Regimeent to the persones afternamed inhabitants within the burgh of Glassgow with the instructiones and verifications therof They Find that besides the soumes resting be ther Majesties forces upon scots pay to the inhabitants of the said toune Contained in a former report of the Committies dated the twentie one day of November Jaj vjc nyntie four years Ther is resting be the said Captaine Buntein to the inhabitants afternamed the following soumes viz to Walter Leitch the soume of Twentie thrie punds Sixtein shilling and Eight pence Sterling money Item to Robert Grahame the soume of Eightein pund Sterling money forsaid Item to John Naper the soume of Twentie five punds Sterling money forsaid Item to William Baxters the soume of fiftie seven punds six shillings Eight pence sterling money forsaid, all which soumes they find suficiently instructed be the bonds granted be the said Captaine to the persones forsaids all bearing expressly for the use or subsistance of his said Company all which bonds doe bear ane obleisment for annualrent and thrie of them Containe penalties and were produced to and Considered be the Committie, And the Committie are of oppinion that ther is no annualrent nor penalty to be allowed for the said soumes And Finds that these soumes were all furnished and advanced preceeding the first day of February Jaj vjc ninty one yeares. And therfore it is the Comittie’s opinion That the principall sumes themselves alone without annualrent or Expences Extending altogether to the Sume of one hundred twenty four pounds three shilling four pence starline money forsaid. and in scots money to the sum of ane Thousand four hundreth fourscore and ten pounds is to be payed to the persones forsaids out of the present polemoney, and that the saids persones are to be Recommended to the Lords Commissioners of their Majesties Theasury for payment of the Same accordingly as the said additionall report at more Length Contains. The saids Lords of his Majesties privy Councill doe heirby approve of the saids principall and additionall reports, and recommends to the Lords Commissioners of his Majesties Theasury to cause payment be made out of the present pole money to the magistrates and Inhabitants of the town of Glasgow of the sumes Contained in the saids Reports, according to their Respective proportiones condescended upon in the said principall and additionall reports.

Edinburgh the Thrid day of January Jaj vjc nyntie five years

D1695/1/81

Act

Act anent the additionall accompts due to the Toun of Glasgow

The Lords of his Majesties privy Councill Having Considered ane principall report made to them by a Committie of ther oun number appointed for revising the accompts resting by his Majesties forces to the Countrey Wherof the tenor followes; The Committie haveing Considered the accompts given in to them as resting be the officers and souldiers of their majesties forces to the inhabitants of the toune of Glasgow with the instructiones and verificationes therof They find the haill articles of the said acompt Except the nynth and threteinth articles stated upon the Earle of Argylls regiment which not being in the termes of the proclamation of Councill of the date the thretie first day of Jully Last Jaj vjc nyntie four years They have Cause delite out the accompt)2 suficiently verified and proven be the oathes and depositiones of the saids inhabitants taken before two of the Commissioners of Supply within the Shyre of Lanerk Conforme to the report of the saids Commissioners produced to and Considered by the said Comittie, And Finds that besides the two saids articles quhich are not in the termes of the above proclamatione of Councill ther is yet resting by ther majesties forces upon the scots establishment to the saids inhabitants of Glasgow the Soumes following viz by the Earle of argyle his regiment of foot the soume of thrie hundleth thrie score nyne punds ten shilling six penies scots Item by the viscount of Kenmure his regiment of foot the soume of six hundreth Thrie score fiftein punds four shilling six penies Scots Item by the Lord Blantyre his regiment of foot ane hundreth and thretie one punds nyne shilling scots Item by the Lord Bargeny his regiment thrie punds fiftein shilling four penies scots Item by the Earle of Glencairne his regiment fourscore one punds fourtein shilling ten penies scots Item by the Earle of Eglingtone his troop of horss twentie two pund scots money Item by Coll Cuninghame his regiment of foot Twentie pund two shilling scots And the Committie have rejected and Caused delite the article of seventie six punds twelue shilling scots in this accompt stated as resting be the Laird of Grubits troop In Respect the same is for Silver Buttons and the Charge of a pair of Buckles and so not in the termes of the said proclamatione of Councill of the date the said thretie first day of Jully Jaj vjc nyntie four years Extending the haill soumes forsaids due be the scots forces abovementioned to the saids inhabitants of Glasgow to the soume of ane thousand thrie hundreth and thrie punds sixtein shilling ten penies scots money And the Committie finds that the haill articles of the said accompt quherof the said soume is made up being besides the articles which are rejected and delite)3 were furnished preceeding the first of February Jaj vjc nyntie one And that they are all in the termes of the act fourth session of this Current parliament entituled act for polemoney and of the proclamatione of Councill relative dated the last of Jully Jaj vjc nyntie four years And Therfore It is ther opinion That the said Soume of one Thousand thrie hundreth and thrie punds sixtein shilling ten penies scots is to be allowed to the saids inhabitants of Glassgow out of the said polemoney and that the saids inhabitants are to be recomended to the Lords Commissioners of their majesties thesaury for payment of the same accordingly And the Committie Finds that besides the articles above sett doune ther is stated in the said accompt as resting be the persones aftermentioned in the Lord Angus regiment Viz Be Captain James Caldwall fiftie merks scots to Doctor Thomas Kennedy Item be him to John Boyd Chirugeon thrie hundred merks money forsaid for attendance and medicaments and be Serjant Millar to the said John Boyd twentie four punds money Which the Comittie Finds suficiently verified and proven in the same maner with the rest of the articles of the above accompts and Finds that the same is preceiding the said first of February Jaj vjc nyntie one years And the Committie being Informed be John Andersone of Dowhill who was provest of Glasgow when thir two debts were Contracted that the same were for cureing the said Captaine Caldweell and Serjant Miller of wounds which they received when they hade been at Dunkell and that the Captaine Laboured under his wounds for many moneths It is the Commities oppinion that the soumes ought to be payed to the said Doctor and Chirurgeon out of the said pole money In so farr allenarly as the arrears due to the Captain and Serjant in particular will extend to without burthening the arreirs resting to the wholl regiement in generall with the same, and that the said Doctor and Chirurgeon are to be Recomended to the Lords Commissioners of their Majesties thessaury for payment in these termes, and the Committie Finds that besides the haill articles of the above accompts ther is resting be the officers of the Severall regiments afternamed to the Magistrats Toune Councill and Communitie of the burgh of Glasgow The principall soumes following, Which they Find sufficiently verified and proven be bonds bearing annualrents and every one of them bearing to be expressly for the use of the regiment all dated before the first day of February Jaj vjc nyntie one subscryved be the officers of the respective regiments and registrat in the books of Councill and session quherof the extracts were produced to and seen and Considered be the Committie viz By the Earle of Argyle his regiment the soume of one Thousand four hundred nyntie four punds scots, Item be the Viscount of Kenmure his regiment the soume of nyne hundreth and Twentie four pounds scots money forsaid Item be the Laird of Grant his regiment the soume of ane Hundreth fiftie pund money forsaid Extending the saids principall soumes altogither in one to the soume of Two Thousand five hundreth sixtie Eight pund money forsaid and it is the Committies oppinion That ther is no annualrent to be payd for the principall soumes being arreirs to the forces for quhich the king and Queens majesties are to pay the annualrent But it is ther oppinion that the above principall soumes Extending without annualrent as said is are to be payed out of the above polemoney And that the magistrats Toune Councill and Communitie of Glasgow are to be recomended to the saids Lords Commissioners of their majesties thesaury for payment of the same accordingly, And Finds it suficiently instructed by a ticket under the hand of Captain Home Nynwells in the deceast Lord Cardross his regiment of Dragoons in August Jaj vjc Eightie nyne That ther is resting be that regiment to James Peddie the soume of nyntein punds Scots for Grass and it is the oppinion of the said Committie that this soume be payed to the said James Peddie out of the said polemoney And that he is to be Recomended to the Lords Commissioners of ther Majesties thesaury for payment of the same Accordingly And Finds it suficiently proven under the hand of Captaine James Stewart That ther was furnished by the magistrats of Glassgow for the use of the Garison of Dinkell in Jully Jaj vjc nyntie when they were in great scarcity and extream hazard The number of Eightie bolls of meall, Which at Eight punds per boll amounts to sixtie four punds, and it is ther oppinion that ther is to be payed to the saids magistrats out of the said polemoney And that the saids magistrats are to be recomended to the saids Lords Commissioners of their majesties thesaurie for payment of the same accordingly And Finds that ther is resting be Captain Dunbar in the Viscount of Kenmuires regiment to James Robb merchant in Glasgow the soume of Threttie punds Scots for shoes furnished to the Souldiers in his Company instructed per bond bearing annualrent and expenses dated the sixth day of may Jaj vjc nyntie years and It is the Committies oppinion that ther should be no annualrent or expenses allowed But that the principall soume should be payed out of the said polemoney And that the said James Robb should be Recomended to the Lords of the thesaury for payment therof as the principall report it self at more length bears And Sicklike The saids Lords of his majesties privy Councill haveing Considered ane other additionall report made to them by the said4 Committie appointed for reviseing the accompts resting by his Majesties forces to the Countrey quherof the tenor followes The Comittie having Considered the accompts given in to them as resting be Captain Robert Buntein in the Earle of Glencairnes Regimeent to the persones afternamed inhabitants within the burgh of Glassgow with the instructiones and verifications therof They Find that besides the soumes resting be ther Majesties forces upon scots pay to the inhabitants of the said toune Contained in a former report of the Committies dated the twentie one day of November Jaj vjc nyntie four years Ther is resting be the said Captaine Buntein to the inhabitants afternamed the following soumes viz to Walter Leitch the soume of Twentie thrie punds Sixtein shilling and Eight pence Sterling money Item to Robert Grahame the soume of Eightein pund Sterling money forsaid Item to John Naper the soume of Twentie five punds Sterling money forsaid Item to William Baxters the soume of fiftie seven punds six shillings Eight pence sterling money forsaid, all which soumes they find suficiently instructed be the bonds granted be the said Captaine to the persones forsaids all bearing expressly for the use or subsistance of his said Company all which bonds doe bear ane obleisment for annualrent and thrie of them Containe penalties and were produced to and Considered be the Committie, And the Committie are of oppinion that ther is no annualrent nor penalty to be allowed for the said soumes And Finds that these soumes were all furnished and advanced preceeding the first day of February Jaj vjc ninty one yeares. And therfore it is the Comittie’s opinion That the principall sumes themselves alone without annualrent or Expences Extending altogether to the Sume of one hundred twenty four pounds three shilling four pence starline money forsaid. and in scots money to the sum of ane Thousand four hundreth fourscore and ten pounds is to be payed to the persones forsaids out of the present polemoney, and that the saids persones are to be Recommended to the Lords Commissioners of their Majesties Theasury for payment of the Same accordingly as the said additionall report at more Length Contains. The saids Lords of his Majesties privy Councill doe heirby approve of the saids principall and additionall reports, and recommends to the Lords Commissioners of his Majesties Theasury to cause payment be made out of the present pole money to the magistrates and Inhabitants of the town of Glasgow of the sumes Contained in the saids Reports, according to their Respective proportiones condescended upon in the said principall and additionall reports.

1. NRS, PC2/25, 132v-135v.

2. Opening bracket missing.

3. Opening bracket missing.

4. Insertion.

1. NRS, PC2/25, 132v-135v.

2. Opening bracket missing.

3. Opening bracket missing.

4. Insertion.

Warrant, 3 January 1695, Edinburgh

Edinburgh the Thrid day of January Jaj vjc nyntie five years

D1695/1/71

Warrant

Warrand for receiveing Caruthers and others Cautioners for each other in a laborowes

Anent a Petition given in to the Lords of his Majesties privy Councill be George Carruthers of Holmaynes William Carruthers of Dankie George Caruthers of Dyke and John Haugh in Daltoune Shewing That the petitioners being Charged with Labborowes direct by the saids Lords delyverance at the instance of Hellen Callander relict of John Caruthers of Hollmayns John Callander merchant in Edinburgh and William Bell in Nutholine In obedience to which Charge the petitioners have presented a bond of Cautionrie to the saids Lords Clerk quherin each of them are bound Cautioners for others to the effect Contained in the saids Letters of Laborows Which bond the Clerks refusses to accept without the saids Lords warrand as not being ordinary And Seing that the petitioners Cannot easily find Caution here notwithstanding that they are knowen to be suficiently responsall for much more then the penalties Contained in the letters, And that the saids Lords have allowed the Clerkes to receive the Chargers as Cautioners for each others in the Lawborowes at the petitioners instance against them And Therfore Humbly Craveing the saids accept of the petitioners bound for each others and to exped the suspensione accordingly as the petition bears The Lords of his majesties privy Councill having Considered this petition given in to them be the above George Caruthers and others They hereby Grant warrand to the Clerks of privy Councill to receive the petitio2 exped the suspensione accordingly.

Edinburgh the Thrid day of January Jaj vjc nyntie five years

D1695/1/71

Warrant

Warrand for receiveing Caruthers and others Cautioners for each other in a laborowes

Anent a Petition given in to the Lords of his Majesties privy Councill be George Carruthers of Holmaynes William Carruthers of Dankie George Caruthers of Dyke and John Haugh in Daltoune Shewing That the petitioners being Charged with Labborowes direct by the saids Lords delyverance at the instance of Hellen Callander relict of John Caruthers of Hollmayns John Callander merchant in Edinburgh and William Bell in Nutholine In obedience to which Charge the petitioners have presented a bond of Cautionrie to the saids Lords Clerk quherin each of them are bound Cautioners for others to the effect Contained in the saids Letters of Laborows Which bond the Clerks refusses to accept without the saids Lords warrand as not being ordinary And Seing that the petitioners Cannot easily find Caution here notwithstanding that they are knowen to be suficiently responsall for much more then the penalties Contained in the letters, And that the saids Lords have allowed the Clerkes to receive the Chargers as Cautioners for each others in the Lawborowes at the petitioners instance against them And Therfore Humbly Craveing the saids accept of the petitioners bound for each others and to exped the suspensione accordingly as the petition bears The Lords of his majesties privy Councill having Considered this petition given in to them be the above George Caruthers and others They hereby Grant warrand to the Clerks of privy Councill to receive the petitio2 exped the suspensione accordingly.

1. NRS, PC2/25, 132r-132v.

2. The words ‘ners as Cautioners each for others in the above suspension of Laborrowes and to susp’ scored out here.

1. NRS, PC2/25, 132r-132v.

2. The words ‘ners as Cautioners each for others in the above suspension of Laborrowes and to susp’ scored out here.

Sederunt, 3 January 1695, Edinburgh

Edinburgh the Thrid day of January Jaj vjc nyntie five years1

D1695/1/62

Sederunt

Earl of Southerland; Earl of Cassills; Earl of Leven; Earl of Anandale preces; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Raith Te dept; Lord Carmicheall; Lord Justice Clerk; Lord Hatton; Mr Fra: Montgomry

Edinburgh the Thrid day of January Jaj vjc nyntie five years1

D1695/1/62

Sederunt

Earl of Southerland; Earl of Cassills; Earl of Leven; Earl of Anandale preces; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Raith Te dept; Lord Carmicheall; Lord Justice Clerk; Lord Hatton; Mr Fra: Montgomry

1. NRS, PC2/25, 132r.

2. NRS, PC2/25, 132r.

1. NRS, PC2/25, 132r.

2. NRS, PC2/25, 132r.

Act, 1 January 1695, Edinburgh

Edinburgh The first day of January Jaj vjc nyntie five years

D1695/1/51

Act

Act James Goodburgh

Anent a Petition given in to the Lords of ther Majesties privy Councill be James Goodburgh in Kennoway and Jean Wishart his spouse Shewing That quher the petitioner haveing in possession the publict Inn, of Kennoway for which he payes a very great rent, And it being very weell known to severall of the saids Lords number that the said Inn Is the Lodging place for passingers betwixt Bruntisland and Dundie and that the persones of best qualitie are very weell accomodate ther And the petitioner apprehending that the Dragoons being to Lodge in and about that place did apply himself to Sir Alexander Bruce of Broomhall to Liberat him from Lodging any of the dragoons Who very weell knowing how ther Lodging ther would incommod the Leidges, Did Give it under his hand ordering and desyreing them to gett Billetts upon others the place not being straitned for such a small number as were appointed to Lye in and about the said place Notwithstanding of all because of the said Conveniencie of Lodging for the Leidges severall of the said Dragoons have taken possessione of a part of the petitioners said house and stables wherby the petitioner is not in a Condition to accomodate ther majesties leidges who passes the road, and of late a Serjant at his oun hand without any warrand or billet in Captain Drumonds troop (Which troop Lyes in and about Kennoway) has come and taken possessione of the petitioners house since he came over to represent his Conditione to ther Lordships and how that Serjant demains and Caries himself in the petitioners house would appear by ane letter therwith produced which he received this morning from his wife And Therfore Humbly Craving the saids Lords to take the premisses to ther serious Consideratione, and therupon to order all the said Dragoons who are presently in the petitioners house to be removed and to Discharge any in time comeing to quarter or stay at the petitioners house Except they be passing the road as passingers or Strangers as the petition bears The Lords of their Majesties privy Councill haveing heard the above petition given in to them be the above James Goodburgh which was read upon the twentie seventh day of December Last but the delyverance theron not being signed The same was read againe this day And the saids Lords Doe heirby Recommend to the Earle of Leven and Lord Carmicheall to speak with the Lord Jedburgh Comander in Cheif of their majesties forces within this kingdome That the petitioners familly be not oppressed with the quartering of Dragoons or ther horses upon them to the prejudice and incommodating of Strangers, Noblemen, Gentlemen and others travelling upon that road who may quarter at the said house.

Edinburgh The first day of January Jaj vjc nyntie five years

D1695/1/51

Act

Act James Goodburgh

Anent a Petition given in to the Lords of ther Majesties privy Councill be James Goodburgh in Kennoway and Jean Wishart his spouse Shewing That quher the petitioner haveing in possession the publict Inn, of Kennoway for which he payes a very great rent, And it being very weell known to severall of the saids Lords number that the said Inn Is the Lodging place for passingers betwixt Bruntisland and Dundie and that the persones of best qualitie are very weell accomodate ther And the petitioner apprehending that the Dragoons being to Lodge in and about that place did apply himself to Sir Alexander Bruce of Broomhall to Liberat him from Lodging any of the dragoons Who very weell knowing how ther Lodging ther would incommod the Leidges, Did Give it under his hand ordering and desyreing them to gett Billetts upon others the place not being straitned for such a small number as were appointed to Lye in and about the said place Notwithstanding of all because of the said Conveniencie of Lodging for the Leidges severall of the said Dragoons have taken possessione of a part of the petitioners said house and stables wherby the petitioner is not in a Condition to accomodate ther majesties leidges who passes the road, and of late a Serjant at his oun hand without any warrand or billet in Captain Drumonds troop (Which troop Lyes in and about Kennoway) has come and taken possessione of the petitioners house since he came over to represent his Conditione to ther Lordships and how that Serjant demains and Caries himself in the petitioners house would appear by ane letter therwith produced which he received this morning from his wife And Therfore Humbly Craving the saids Lords to take the premisses to ther serious Consideratione, and therupon to order all the said Dragoons who are presently in the petitioners house to be removed and to Discharge any in time comeing to quarter or stay at the petitioners house Except they be passing the road as passingers or Strangers as the petition bears The Lords of their Majesties privy Councill haveing heard the above petition given in to them be the above James Goodburgh which was read upon the twentie seventh day of December Last but the delyverance theron not being signed The same was read againe this day And the saids Lords Doe heirby Recommend to the Earle of Leven and Lord Carmicheall to speak with the Lord Jedburgh Comander in Cheif of their majesties forces within this kingdome That the petitioners familly be not oppressed with the quartering of Dragoons or ther horses upon them to the prejudice and incommodating of Strangers, Noblemen, Gentlemen and others travelling upon that road who may quarter at the said house.

1. NRS, PC2/25, 131r-132r.

1. NRS, PC2/25, 131r-132r.

Act, 1 January 1695, Edinburgh

Edinburgh The first day of January Jaj vjc nyntie five years

D1695/1/41

Act

Act Philip Enstruther

Anent the petition given in to the Lords of their majesties privy Councill be Philip Enstruther Sone to the deceast Sir James Enstruther of Airdrie and Dame Catharin Sheen his mother and Lord Edward Murray her husband for his intrest Shewing That quher upon a Remitt from ther Lordships to the Lords of session it pleased them in the moneth of June Last to decerne and Ordaine his said mother and her husband for his intrest to delyver his persone to the Custody and keeping of Sir Philip Enstruther his Grandfather to be by him educat according to his qualitie and the intrest that he pretends to have in the said petitioner which accordingly was done and Sir Philip Granted a discharge of the forsaid Decreet But the petitioner finding that his treatment was every way very hard in that he was not put to schooll for some weeks to prosecute his learning, and that when put to schooll It was ane pitifull English Schooll, Wheras he was advanced in his latine to the third part (not to mention that his mother did allwayes keep a pedagogue to attend him) Lykas the said petitioner was very hardly keept in his Cloaths and in such a maner as in decency he is ashamed to express haveing neither wholl Cloathes nor Shoes, But left to goe almost barefoot, And So Litle Lookt to otherwayes that he was overgone with a nestines he cannot name quherupon so sone as he heard that his mother was come back from Dunkell which was about two moneths after he hade been delyvered to his Grandfather, He begged Leave to visit her but with a purpose not to have returned, yet such was his mothers and Lord Edwards care that after they hade Caused Cloath him and put him in Good conditione, They sent the petitioner back againe But the receptione he gott was that the said petitioner was severly beatten to that extreamity that the nixt day he run back and protested to his parents that he would be sooner torne in peices then to returne to Enstruther, And yet when his Grandfather sent a persone for him Lord Edward did still offer him If the said petitioner would have Condescended, And seing that his said parents who gave in this petitione in his name are ready to prove the haill premisses by witnesses and instruments, And that all ther and petitioners desyre is That he may be placed either with his uncle Hallyeards or at St Androwes with Doctor Monro provest of the old Colledge or any other discreet persone wher he can have ane liberall educatione both for his Cloathes and learning and it is only proper to their Lordships to find out a remeedy for a Case to Circumstantiat And Therfore Humbly Craveing In maner and to the effect aftermentioned as the said petition bears Which petition being read in presence of the saids Lords They allowed the above Sir Philip Enstruther the petitioners Grandfather o see and answer the same, Who accordingly having seen the same Gave in ane Counter petition be way of answer therto Which being upon the Eighteen of December last also read in presence of the saids Lords They Recommended to a Committie of ther oun number To Call for and hear both parties and endavor to bring them to name a persone of Consent to whose Custody the said Philip Enstruther may be Committed for his educatione and intertainement, Which Committie haveing mett returned ther verball report to the Councill And the saids Lords of their majesties privy Councill having this day Considered both the saids petitions with the verball report of the Committie Bearing That they had spock with both parties or their Lawiers for them, And Cannot bring them to a Setlement amicable, The saids Lords of their majesties privy Councill doe herby Appoint the said Philip Enstruther to remaine at Edinburgh or St Androw’s in the option of the said Sir2 Philip Enstruther his Grandfather, and appoints the said Sir Philip to board the said Sir Philip with ane indifferent persone in ane honest house in one or other of the saids tounes and to educat him at the high schooll of Edinburgh or humanity Class of St Androwes as best becomes his quality or may conduce for his advancement in Learning and that betwixt and the twenty day of January instant, And appoints the said Dame Katherin Skeen his mother and Lord Edward Murray her husband to deliver the said Philip to his said Grandfather to the effect forsaid And Ordaines letters of horning on six dayes warning to be direct heiron and other executiones needfull in forme as effeirs.

Edinburgh The first day of January Jaj vjc nyntie five years

D1695/1/41

Act

Act Philip Enstruther

Anent the petition given in to the Lords of their majesties privy Councill be Philip Enstruther Sone to the deceast Sir James Enstruther of Airdrie and Dame Catharin Sheen his mother and Lord Edward Murray her husband for his intrest Shewing That quher upon a Remitt from ther Lordships to the Lords of session it pleased them in the moneth of June Last to decerne and Ordaine his said mother and her husband for his intrest to delyver his persone to the Custody and keeping of Sir Philip Enstruther his Grandfather to be by him educat according to his qualitie and the intrest that he pretends to have in the said petitioner which accordingly was done and Sir Philip Granted a discharge of the forsaid Decreet But the petitioner finding that his treatment was every way very hard in that he was not put to schooll for some weeks to prosecute his learning, and that when put to schooll It was ane pitifull English Schooll, Wheras he was advanced in his latine to the third part (not to mention that his mother did allwayes keep a pedagogue to attend him) Lykas the said petitioner was very hardly keept in his Cloaths and in such a maner as in decency he is ashamed to express haveing neither wholl Cloathes nor Shoes, But left to goe almost barefoot, And So Litle Lookt to otherwayes that he was overgone with a nestines he cannot name quherupon so sone as he heard that his mother was come back from Dunkell which was about two moneths after he hade been delyvered to his Grandfather, He begged Leave to visit her but with a purpose not to have returned, yet such was his mothers and Lord Edwards care that after they hade Caused Cloath him and put him in Good conditione, They sent the petitioner back againe But the receptione he gott was that the said petitioner was severly beatten to that extreamity that the nixt day he run back and protested to his parents that he would be sooner torne in peices then to returne to Enstruther, And yet when his Grandfather sent a persone for him Lord Edward did still offer him If the said petitioner would have Condescended, And seing that his said parents who gave in this petitione in his name are ready to prove the haill premisses by witnesses and instruments, And that all ther and petitioners desyre is That he may be placed either with his uncle Hallyeards or at St Androwes with Doctor Monro provest of the old Colledge or any other discreet persone wher he can have ane liberall educatione both for his Cloathes and learning and it is only proper to their Lordships to find out a remeedy for a Case to Circumstantiat And Therfore Humbly Craveing In maner and to the effect aftermentioned as the said petition bears Which petition being read in presence of the saids Lords They allowed the above Sir Philip Enstruther the petitioners Grandfather o see and answer the same, Who accordingly having seen the same Gave in ane Counter petition be way of answer therto Which being upon the Eighteen of December last also read in presence of the saids Lords They Recommended to a Committie of ther oun number To Call for and hear both parties and endavor to bring them to name a persone of Consent to whose Custody the said Philip Enstruther may be Committed for his educatione and intertainement, Which Committie haveing mett returned ther verball report to the Councill And the saids Lords of their majesties privy Councill having this day Considered both the saids petitions with the verball report of the Committie Bearing That they had spock with both parties or their Lawiers for them, And Cannot bring them to a Setlement amicable, The saids Lords of their majesties privy Councill doe herby Appoint the said Philip Enstruther to remaine at Edinburgh or St Androw’s in the option of the said Sir2 Philip Enstruther his Grandfather, and appoints the said Sir Philip to board the said Sir Philip with ane indifferent persone in ane honest house in one or other of the saids tounes and to educat him at the high schooll of Edinburgh or humanity Class of St Androwes as best becomes his quality or may conduce for his advancement in Learning and that betwixt and the twenty day of January instant, And appoints the said Dame Katherin Skeen his mother and Lord Edward Murray her husband to deliver the said Philip to his said Grandfather to the effect forsaid And Ordaines letters of horning on six dayes warning to be direct heiron and other executiones needfull in forme as effeirs.

1. NRS, PC2/25, 130r-131r.

2. Insertion.

1. NRS, PC2/25, 130r-131r.

2. Insertion.