Tag Archives: January

Procedure: committee formed, 26 January 1693, Edinburgh

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Procedure: committee formed

Committie anent The Lady Monktoune

Petition Ramsay spouse to Ilay of Monktoune Craveing aliement Read And appointed the Creditors of Monktoune to see and answer the same, And Recomends to the Lord Justice Clerk, Lord Hatton and Lord Fountonhall and Laird of Blackbarrony or any two of them To meet and hear both the petitioner and the Creditors of her husband and the donator to his Escheit and endeavor to setle and agree them anent ane Aliement to be allowed to the petitioner and to Report to the Councill.

Edinburgh The Twentie Sixth day of January Jaj vjc nyntie thrie years

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Procedure: committee formed

Committie anent The Lady Monktoune

Petition Ramsay spouse to Ilay of Monktoune Craveing aliement Read And appointed the Creditors of Monktoune to see and answer the same, And Recomends to the Lord Justice Clerk, Lord Hatton and Lord Fountonhall and Laird of Blackbarrony or any two of them To meet and hear both the petitioner and the Creditors of her husband and the donator to his Escheit and endeavor to setle and agree them anent ane Aliement to be allowed to the petitioner and to Report to the Councill.

1. NRS, PC2/24, 166v.

1. NRS, PC2/24, 166v.

Order, 26 January 1693, Edinburgh

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Order

Order anent Francis Allan Gardner Deserter.

The Lords of their majesties privy Councill being informed that Allan Gardner is a disserter from Collonoll Lauders regiement of foot in Flanders and that since his deserting he is become a Packman and has been resett lodged and intertained at the house of John Grame in the parish of Damakellie within the shirefdome of Pearth And haveing been seazed by David Grame one of the Livts in their Majesties Royall regiment of foot guards in Flanders and the Livt did sett two men to be watch upon him at the house of the said John Grame from whom the said Allan Gardner by the assistance or Connivance of the said John did make his escape, And seing the said Allan has left his pack in the house of Thomas Grame in Auchterairden the saids Lords of their Majesties privy Councill Doe heirby Grant warrand to maccers or messengers at armes to cite the said John Grame to Compeir befor them the sixth day of February nixt to answer for his escape of the said Allan And alse for citeing of witnesses, And Ordaines the sheriff depute of Pearth to seaze upon and secure the forsaid pack and Cause transmitt the same safe and inteir to Edinburgh and deliver it to any one of the baillies to be by them made furth comeing as accords of the Law.

Edinburgh The Twentie Sixth day of January Jaj vjc nyntie thrie years

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Order

Order anent Francis Allan Gardner Deserter.

The Lords of their majesties privy Councill being informed that Allan Gardner is a disserter from Collonoll Lauders regiement of foot in Flanders and that since his deserting he is become a Packman and has been resett lodged and intertained at the house of John Grame in the parish of Damakellie within the shirefdome of Pearth And haveing been seazed by David Grame one of the Livts in their Majesties Royall regiment of foot guards in Flanders and the Livt did sett two men to be watch upon him at the house of the said John Grame from whom the said Allan Gardner by the assistance or Connivance of the said John did make his escape, And seing the said Allan has left his pack in the house of Thomas Grame in Auchterairden the saids Lords of their Majesties privy Councill Doe heirby Grant warrand to maccers or messengers at armes to cite the said John Grame to Compeir befor them the sixth day of February nixt to answer for his escape of the said Allan And alse for citeing of witnesses, And Ordaines the sheriff depute of Pearth to seaze upon and secure the forsaid pack and Cause transmitt the same safe and inteir to Edinburgh and deliver it to any one of the baillies to be by them made furth comeing as accords of the Law.

1. NRS, PC2/24, 166v.

1. NRS, PC2/24, 166v.

Order, 26 January 1693, Edinburgh

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Order

Order anent Francis Brodie

The Lords of their Majesties Privy Councill haveing Considered the depositiones taken before a Committie of their oun number to whom it was Recomended to take tryall of Francis Brodie be taken on as a souldier They Find the said Francis has ingadged with and doeth belong to Captaine […] Kerr one of the Captaines in their Majesties royall regiement of foot in Flanders And Therfore Ordaines him to be delivered to the said Captaine that he may be caried abroad as a souldier in the said regiement And appoints the laird of Grant who stands bound to the Committie to produce the said Francis to deliver them to the Said Captaine

Edinburgh The Twentie Sixth day of January Jaj vjc nyntie thrie years

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Order

Order anent Francis Brodie

The Lords of their Majesties Privy Councill haveing Considered the depositiones taken before a Committie of their oun number to whom it was Recomended to take tryall of Francis Brodie be taken on as a souldier They Find the said Francis has ingadged with and doeth belong to Captaine […] Kerr one of the Captaines in their Majesties royall regiement of foot in Flanders And Therfore Ordaines him to be delivered to the said Captaine that he may be caried abroad as a souldier in the said regiement And appoints the laird of Grant who stands bound to the Committie to produce the said Francis to deliver them to the Said Captaine

1. NRS, PC2/24, 166r.

1. NRS, PC2/24, 166r.

Sederunt, 26 January 1693, Edinburgh

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Sederunt

Lord Chancelor; Duke of Hamilton P: of C:; Earl of Melvill P: Seall; Linlithgow; Strathmore; Leven; Earl of Forfar; Viscount Tarbat; Lord Raith; Lord Cardross; Lord Beilhaven; Lord Carmicheall; Master of Forbes; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Mr Frances Montgomrie; Laird of Blackbarony; Laird of Stivenson; Laird of Pollock; Sir William Lockhart; Sir Patrick Murray

Edinburgh The Twentie Sixth day of January Jaj vjc nyntie thrie years1

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Sederunt

Lord Chancelor; Duke of Hamilton P: of C:; Earl of Melvill P: Seall; Linlithgow; Strathmore; Leven; Earl of Forfar; Viscount Tarbat; Lord Raith; Lord Cardross; Lord Beilhaven; Lord Carmicheall; Master of Forbes; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fountonhall; Lord Enstruther; Mr Frances Montgomrie; Laird of Blackbarony; Laird of Stivenson; Laird of Pollock; Sir William Lockhart; Sir Patrick Murray

1. NRS, PC2/24, 166r.

2. NRS, PC2/24, 166r.

1. NRS, PC2/24, 166r.

2. NRS, PC2/24, 166r.

Act, 24 January 1693, Edinburgh

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Act

Act James Anderson and others

Anent a Petition given in to the Lords of their majesties privy Councill be James Anderson ventner burges of Edinburgh and Robert Wishart writter ther Shewing That quher the petitioners haveing become Cautioners for Mr Robert Corsbie seaman in Prestonpanes for presenting of him to their bond granted for that effect dated the nynteinth day of December Jaj vjc nyntie two years, And the petitioners being charged be vertue of letters of horning proceiding upon the said bond aither to present the persone of Robert Corsbie who was pressed be Captaine Young (or to make payment of the soume of Ten pounds sterling money) And Seing the said Robert Corsbie has made his escape not as a run away but to serve their majesties as a seaman with Sir Ralf Dalifeild late admirall in their majesties fleet in Ingland, And by quhich escape the petitioners are charged to present or make payment for him as said is which they cannot obtempor Their Cautionrie for him being out of meir Clemancy and honestie, And seing the petitioners are Distressed for the said Corsbie And that they cannot gett no other relief bot to seaze upon what goods and geir he has at Prestonpans And Therfore Humbly Craveing the saids Lords To Consider the premisses, And for the petitioners releif Grant warrand to secure the saids Corsbies goods and Geir for payment of the forsaid ten pound Sterling money As the petition bears The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above James Anderson and Robert Wishart They Authorize and Give Warrand to the Magistrats of the place wher the goods and geir of the above Robert Corsbie are to sequestrat and secure the same that they may be affected2 be3 the petitioners for releif of their Cautionrie as accords in law.

Edinburgh Twentie fourth day of January Jaj vjc nyntie thrie years

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Act

Act James Anderson and others

Anent a Petition given in to the Lords of their majesties privy Councill be James Anderson ventner burges of Edinburgh and Robert Wishart writter ther Shewing That quher the petitioners haveing become Cautioners for Mr Robert Corsbie seaman in Prestonpanes for presenting of him to their bond granted for that effect dated the nynteinth day of December Jaj vjc nyntie two years, And the petitioners being charged be vertue of letters of horning proceiding upon the said bond aither to present the persone of Robert Corsbie who was pressed be Captaine Young (or to make payment of the soume of Ten pounds sterling money) And Seing the said Robert Corsbie has made his escape not as a run away but to serve their majesties as a seaman with Sir Ralf Dalifeild late admirall in their majesties fleet in Ingland, And by quhich escape the petitioners are charged to present or make payment for him as said is which they cannot obtempor Their Cautionrie for him being out of meir Clemancy and honestie, And seing the petitioners are Distressed for the said Corsbie And that they cannot gett no other relief bot to seaze upon what goods and geir he has at Prestonpans And Therfore Humbly Craveing the saids Lords To Consider the premisses, And for the petitioners releif Grant warrand to secure the saids Corsbies goods and Geir for payment of the forsaid ten pound Sterling money As the petition bears The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above James Anderson and Robert Wishart They Authorize and Give Warrand to the Magistrats of the place wher the goods and geir of the above Robert Corsbie are to sequestrat and secure the same that they may be affected2 be3 the petitioners for releif of their Cautionrie as accords in law.

1. NRS, PC2/24, 165v-166r.

2. The word ‘with’ scored out here.

3. Insertion.

1. NRS, PC2/24, 165v-166r.

2. The word ‘with’ scored out here.

3. Insertion.

Decreet, 24 January 1693, Edinburgh

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Decreet

Certificatione Carmicheall Against Mcnabb.

Anent our Soveraigne Lord and Ladies letters raised before the Lords of their Majesties privy Councill be Mary Carmicheall spouse to Archibald Mcnabb portioner of Monlind Mentioning That quher the pursuar haveing been provyded and secured in ane yearly Joynture of five Chalders victuall by Tyrie of Busbie her first husband out of his lands of Busbie and ane dwalling house within the burgh of Pearth, And haveing therafter maried the said Archibald Mcnab She did behave herself towards him every way as become a dutifull and obedient wife, notwithstanding quherof the said Archibald Mcnabb hath Deserted the pursuar and her familly these severall years bygone and others his Creditors or assneys have these five or six years bypast not only uplifted all the yearly rent and estate belonging to the said Archibald Mcnabb Bot Likewayes all the former Joyntur provyde to her by her first husband without allowing her any part therof for mantaineing of her self and familly By which means the pursuar is reduced to great extreamity and want, and will certainely be explored to begerie or Starving for the futur, And Therfore in all Law and equity the pursuar ought to have ane Competent aliement modified and allowed to her for the mantinance of herself and familly for both bygones and in tyme comeing, And have her oun former Joynture provyded to her by her said first husband allocat and allowed to her by Decreet of the Lords of Privy Councill, And ought to have letters direct at her instance for charging of the said Archibald Mcnabb to hear and see the premisses verified and proven And the samen being so proven to have heard and seen ane Competent aliment Decerned to the pursuar in maner forsaid to be payed into her self yearly And her Discharge Decerned to be ane suficient exonoratione to the tennents and possessors for payment therof And the said Archibald Mcnabb and all others haveing right from him Discharged to trouble and mollest the pursuar in the peacable Joyning possessing and intromitting with the same for the futture And Anent the charge given to the said defender To have Compared before the saids Lords at ane Certaine day bygone To have answered to the points of the above Complaint And to have heard and seen such order and Course taken theranent as appertaines as the forsaid Lybell and executiones therof more fully bears Which Lybell being this day called in presence of the saids Lords of their majesties privy Councill And the pursuar Compeiring be John Tyrie he sone, And the above Archibald Mcnabb being lawfullie called and not Compeiring The saids Lords Grants certificatione against the said defender, And ordaines Letters to be direct to messengers at armes for denunceing the defender their majesties rebell and put him to their majesties horne and escheat and inbring all his moveable goods and geir to ther majesties for his Contemption and Disobedience

Edinburgh Twentie fourth day of January Jaj vjc nyntie thrie years

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Decreet

Certificatione Carmicheall Against Mcnabb.

Anent our Soveraigne Lord and Ladies letters raised before the Lords of their Majesties privy Councill be Mary Carmicheall spouse to Archibald Mcnabb portioner of Monlind Mentioning That quher the pursuar haveing been provyded and secured in ane yearly Joynture of five Chalders victuall by Tyrie of Busbie her first husband out of his lands of Busbie and ane dwalling house within the burgh of Pearth, And haveing therafter maried the said Archibald Mcnab She did behave herself towards him every way as become a dutifull and obedient wife, notwithstanding quherof the said Archibald Mcnabb hath Deserted the pursuar and her familly these severall years bygone and others his Creditors or assneys have these five or six years bypast not only uplifted all the yearly rent and estate belonging to the said Archibald Mcnabb Bot Likewayes all the former Joyntur provyde to her by her first husband without allowing her any part therof for mantaineing of her self and familly By which means the pursuar is reduced to great extreamity and want, and will certainely be explored to begerie or Starving for the futur, And Therfore in all Law and equity the pursuar ought to have ane Competent aliement modified and allowed to her for the mantinance of herself and familly for both bygones and in tyme comeing, And have her oun former Joynture provyded to her by her said first husband allocat and allowed to her by Decreet of the Lords of Privy Councill, And ought to have letters direct at her instance for charging of the said Archibald Mcnabb to hear and see the premisses verified and proven And the samen being so proven to have heard and seen ane Competent aliment Decerned to the pursuar in maner forsaid to be payed into her self yearly And her Discharge Decerned to be ane suficient exonoratione to the tennents and possessors for payment therof And the said Archibald Mcnabb and all others haveing right from him Discharged to trouble and mollest the pursuar in the peacable Joyning possessing and intromitting with the same for the futture And Anent the charge given to the said defender To have Compared before the saids Lords at ane Certaine day bygone To have answered to the points of the above Complaint And to have heard and seen such order and Course taken theranent as appertaines as the forsaid Lybell and executiones therof more fully bears Which Lybell being this day called in presence of the saids Lords of their majesties privy Councill And the pursuar Compeiring be John Tyrie he sone, And the above Archibald Mcnabb being lawfullie called and not Compeiring The saids Lords Grants certificatione against the said defender, And ordaines Letters to be direct to messengers at armes for denunceing the defender their majesties rebell and put him to their majesties horne and escheat and inbring all his moveable goods and geir to ther majesties for his Contemption and Disobedience

1. NRS, PC2/24, 165r-165v.

1. NRS, PC2/24, 165r-165v.

Act, 24 January 1693, Edinburgh

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Act

Act Balhousie Against Mr George Young

Anent a Petition given in to the Lords of their Majesties privy Councill be Thomas Hay of Balhousie Shewing That Mr George Young late minister of Kirkmaiden haveing upon ane Misrepresentatione obtained a gift from the saids Lords of the vaccand stipend of the kirk of Aberdagie for the haill year Jaj vjc nyntie And quherupon he gave in ane petition to the saids Lords Craveing letters of horning against the petitioner as sole heritor of the parich at which tyme ther being answers given in be the petitioner representing that he was patron of the kirk pro illa vice and hade disposed upon the said vaccand stipend for pious uses within the parish according to the act of Parliament, Wherupon the saids lords were pleased to refuse the letters notwithstanding quherof he hade upon the act of Privy Councill raised letters of horning before the Lords of sessione and caused charge the petitioner for payment of the saids stipend Which procedure being both informall and Illegall and materially unjust And Therfore Humbly Craveing the saids Lords would call in the saids letters of horning and for that effect grant warrand to macers to Cite the said Mr George Young to produce the Samen and executiones therof and act of Councill Wherupon the samen are founded and to discharge all executione upon the letters or the raiseing of any other till the petitioner be heard before the saids Lords as the petitione bears, The Lords of their majesties privy Councill Haveing Considered this petition given in to them be the above Thomas Hay of Balhousie They heirby Ordaine the above Mr George Young to deliver and give in to the Clerks of Councill the letters of horning raised at his instance before the Lords of session upon the above act of Councill with the executione upon the saids letters and the raising of any new letters against the petitioner upon the said act Untill the petitioner be heard before the saids Lords And Ordaines letters heiron

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Act

Act Balhousie Against Mr George Young

Anent a Petition given in to the Lords of their Majesties privy Councill be Thomas Hay of Balhousie Shewing That Mr George Young late minister of Kirkmaiden haveing upon ane Misrepresentatione obtained a gift from the saids Lords of the vaccand stipend of the kirk of Aberdagie for the haill year Jaj vjc nyntie And quherupon he gave in ane petition to the saids Lords Craveing letters of horning against the petitioner as sole heritor of the parich at which tyme ther being answers given in be the petitioner representing that he was patron of the kirk pro illa vice and hade disposed upon the said vaccand stipend for pious uses within the parish according to the act of Parliament, Wherupon the saids lords were pleased to refuse the letters notwithstanding quherof he hade upon the act of Privy Councill raised letters of horning before the Lords of sessione and caused charge the petitioner for payment of the saids stipend Which procedure being both informall and Illegall and materially unjust And Therfore Humbly Craveing the saids Lords would call in the saids letters of horning and for that effect grant warrand to macers to Cite the said Mr George Young to produce the Samen and executiones therof and act of Councill Wherupon the samen are founded and to discharge all executione upon the letters or the raiseing of any other till the petitioner be heard before the saids Lords as the petitione bears, The Lords of their majesties privy Councill Haveing Considered this petition given in to them be the above Thomas Hay of Balhousie They heirby Ordaine the above Mr George Young to deliver and give in to the Clerks of Councill the letters of horning raised at his instance before the Lords of session upon the above act of Councill with the executione upon the saids letters and the raising of any new letters against the petitioner upon the said act Untill the petitioner be heard before the saids Lords And Ordaines letters heiron

1. NRS, PC2/24, 164v.

1. NRS, PC2/24, 164v.

Act, 24 January 1693, Edinburgh

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Act

Act The Masters of Paulls Work

Anent a Petitione given in to the Lords of their Majesties privy Councill be Sir William Bining and James Gordon masters of the manufactory of Paulls Work Shewing That notwithstanding of the severall acts of Parliament and Councill in favors of manufactories and the proclamation regulating the pressing of men oblidging all officers who designe the recovery of Deserters to call for the concurrance of the magistrats shirreff or Justice of peace And the said officers are therby strictly prohibited to break open doors or invade any house upon pretence of searching for or apprehending Deserters Livetenant Nairne accompanied with Thretie or fourtie souldiers came in a most violent maner with his sword drawn into the said manufactorie and Caried away William Robertson one of the petitioners workmen and Claimes two others called Patersons who have not been in their majesties service to the great Discouradgment and apparent ruine of the said manufactory hitherto caried on with much care charge and trouble for the ouners although one of the most hopefull in the kingdome And Therfore humbly Craveing the saids Lords to Call before them the said Livetenant Nairne and the said two claimed work men that both parties may be examined upon the matter of fact above represented the said Lord Nairne fyned in the termes of the acts of Parliament acts of privy Councill in favors of manufactories And of the said proclamatione in manifast contempt therof And the said two men Liberat that they may attend their bussines Lykewayes that they would be pleased to grant ane order that the petitioners should not be troubled for the futur without ane order from the saids2 petitioners as the petitione bears The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Sir William Binning and James Gordon masters of Paulls work They Ordaine the above two persones to be restored and Delivered to the petitioners that they may continue and goe in their service without trouble or molestatione

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Act

Act The Masters of Paulls Work

Anent a Petitione given in to the Lords of their Majesties privy Councill be Sir William Bining and James Gordon masters of the manufactory of Paulls Work Shewing That notwithstanding of the severall acts of Parliament and Councill in favors of manufactories and the proclamation regulating the pressing of men oblidging all officers who designe the recovery of Deserters to call for the concurrance of the magistrats shirreff or Justice of peace And the said officers are therby strictly prohibited to break open doors or invade any house upon pretence of searching for or apprehending Deserters Livetenant Nairne accompanied with Thretie or fourtie souldiers came in a most violent maner with his sword drawn into the said manufactorie and Caried away William Robertson one of the petitioners workmen and Claimes two others called Patersons who have not been in their majesties service to the great Discouradgment and apparent ruine of the said manufactory hitherto caried on with much care charge and trouble for the ouners although one of the most hopefull in the kingdome And Therfore humbly Craveing the saids Lords to Call before them the said Livetenant Nairne and the said two claimed work men that both parties may be examined upon the matter of fact above represented the said Lord Nairne fyned in the termes of the acts of Parliament acts of privy Councill in favors of manufactories And of the said proclamatione in manifast contempt therof And the said two men Liberat that they may attend their bussines Lykewayes that they would be pleased to grant ane order that the petitioners should not be troubled for the futur without ane order from the saids2 petitioners as the petitione bears The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Sir William Binning and James Gordon masters of Paulls work They Ordaine the above two persones to be restored and Delivered to the petitioners that they may continue and goe in their service without trouble or molestatione

1. NRS, PC2/24, 163v-164r.

2. The word ‘Lords’ scored out here.

1. NRS, PC2/24, 163v-164r.

2. The word ‘Lords’ scored out here.

Decreet, 24 January 1693, Edinburgh

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Decreet

Decreet Suspending the letters Mackay against Mcphersone

Anent the bill of suspensione given and presented to the Lords of privy Councill be Captain Heugh Mckay governor of the Castle of Blair Mentioneing That quher he was charged be vertue of letters of horning raised at the instance of Lauchlan Mcintosh of Struan and Alexander Mcpherson of Phonos to produce Keneth Dow tenant to the said Lauchlane and John Mckony servant to the said Alexander before the Comittie of Councill appointed anent persones taken on to be Souldiers Conforme to the alleadged Decret and sentance of Councill of the date the thrid day of January instant and that within twentie four houres nixt after his charge under the paine of rebellion and puteing of the petitioner to the horne and for his alledged Disobedience as he wes informed had caused Denunce him rebell and put him therto most wrongeously and unjustly, Considering it is of verity that the Master of Forbes one of the saids Lords number haveing by his missive ordered the petitioner to seaze upon and secure […] Shaw of Delnavert Collin Breik Kenneth Dow and Severall others as being persones accessory to severall robbories and depredationes Committed within his bounds The fornamed Kenneth Dow and John Mckony his accomplice in the begining of December last Resorting about the Blair of Atholl ware apprehended and secured by a serjant in the petitioners company In pursuance of the forsaid warrand from the Master of Forbes And after being some short tyme detained in the Garison of Blair the fornamed Keneth Dow and John Mckony did voluntarly take on with the petitioner in his majesties service and made no deficultie to continue therin untill they ware informed that the petitioner was to draw out a part of his Company for recruiteing of their Majesties army in Flanders and they being conveyed to Fife with other recruites Designed for that service found meanes to make their escape from those that guarded the recruits And therafter ware conducted and taken on voluntarly by Livt Meinzies in Coll Monroes regiment in presence of the magistrats of Bruntisland as their Certificat theranent has evidenced notwithstanding quherof ane Clamerous Complaint was presented to the saids Lords against the petitioner by Lauchlan Mcintosh of Stroan and Alexander Mcpherson of Phonas as if the forsaid Kenneth Dow and John Mckony hade been unwarrantably and violently seized by the petitioner upon whose Suggestiones the petitioner was ordained to exhibit the fornamed persones before the Committie would evidently appear when the saids Lords would be pleased to Consider that the first apprehending and seazure was by warrand from the Master of Forbes a Privy Councillor as persones accessione to robberies and depredationes within his bounds And that to evit the danger and trouble therof they hade voluntarly taken on with the petitioner for his Majesties Service as would be proven by most unsuspect witnesses residing about the Blair of Atholl, And therafter when they ware Conveyed with the other recruites haveing made their escape from such as guard the recruites before ever any Citation was given to the petitioner anent them So that it was Imposible for him to present them before the Committie at the tyme prefixed by the said charge And Therfore the forsaid Decreet or Sentance of Councill with the letters of horning raised theron and executiones therof Ought and should be simpliciter suspended upon him and he and he2 simpliciter relaxed ther frae without Cautione or Consignatione And Therfore humbly Suplicating the saids Lords to the effect aftermentioned The Lords of their majesties privy councill haveing Considered the above bill and reasones of suspension They have Suspended and heirby Suspends the letters and charges raised at the instance of the chargers against the Suspender simpliciter upon the above Captaine Mckay Suspender and Declaires him quyt therof and free therfrae in all time comeing And ordaines him to be relaxed frae the process of horning abovecontained.

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Decreet

Decreet Suspending the letters Mackay against Mcphersone

Anent the bill of suspensione given and presented to the Lords of privy Councill be Captain Heugh Mckay governor of the Castle of Blair Mentioneing That quher he was charged be vertue of letters of horning raised at the instance of Lauchlan Mcintosh of Struan and Alexander Mcpherson of Phonos to produce Keneth Dow tenant to the said Lauchlane and John Mckony servant to the said Alexander before the Comittie of Councill appointed anent persones taken on to be Souldiers Conforme to the alleadged Decret and sentance of Councill of the date the thrid day of January instant and that within twentie four houres nixt after his charge under the paine of rebellion and puteing of the petitioner to the horne and for his alledged Disobedience as he wes informed had caused Denunce him rebell and put him therto most wrongeously and unjustly, Considering it is of verity that the Master of Forbes one of the saids Lords number haveing by his missive ordered the petitioner to seaze upon and secure […] Shaw of Delnavert Collin Breik Kenneth Dow and Severall others as being persones accessory to severall robbories and depredationes Committed within his bounds The fornamed Kenneth Dow and John Mckony his accomplice in the begining of December last Resorting about the Blair of Atholl ware apprehended and secured by a serjant in the petitioners company In pursuance of the forsaid warrand from the Master of Forbes And after being some short tyme detained in the Garison of Blair the fornamed Keneth Dow and John Mckony did voluntarly take on with the petitioner in his majesties service and made no deficultie to continue therin untill they ware informed that the petitioner was to draw out a part of his Company for recruiteing of their Majesties army in Flanders and they being conveyed to Fife with other recruites Designed for that service found meanes to make their escape from those that guarded the recruits And therafter ware conducted and taken on voluntarly by Livt Meinzies in Coll Monroes regiment in presence of the magistrats of Bruntisland as their Certificat theranent has evidenced notwithstanding quherof ane Clamerous Complaint was presented to the saids Lords against the petitioner by Lauchlan Mcintosh of Stroan and Alexander Mcpherson of Phonas as if the forsaid Kenneth Dow and John Mckony hade been unwarrantably and violently seized by the petitioner upon whose Suggestiones the petitioner was ordained to exhibit the fornamed persones before the Committie would evidently appear when the saids Lords would be pleased to Consider that the first apprehending and seazure was by warrand from the Master of Forbes a Privy Councillor as persones accessione to robberies and depredationes within his bounds And that to evit the danger and trouble therof they hade voluntarly taken on with the petitioner for his Majesties Service as would be proven by most unsuspect witnesses residing about the Blair of Atholl, And therafter when they ware Conveyed with the other recruites haveing made their escape from such as guard the recruites before ever any Citation was given to the petitioner anent them So that it was Imposible for him to present them before the Committie at the tyme prefixed by the said charge And Therfore the forsaid Decreet or Sentance of Councill with the letters of horning raised theron and executiones therof Ought and should be simpliciter suspended upon him and he and he2 simpliciter relaxed ther frae without Cautione or Consignatione And Therfore humbly Suplicating the saids Lords to the effect aftermentioned The Lords of their majesties privy councill haveing Considered the above bill and reasones of suspension They have Suspended and heirby Suspends the letters and charges raised at the instance of the chargers against the Suspender simpliciter upon the above Captaine Mckay Suspender and Declaires him quyt therof and free therfrae in all time comeing And ordaines him to be relaxed frae the process of horning abovecontained.

1. NRS, PC2/24, 162v-163v.

2. Sic.

1. NRS, PC2/24, 162v-163v.

2. Sic.

Sederunt, 24 January 1693, Edinburgh

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Edinburgh Twentie fourth day of January Jaj vjc nyntie thrie years1

D1693/1/282

Sederunt

Lord Chancelor; Duke of Hamilton Pres; Earl of Melvill P: Seall; Earl of Linlithgow; Earl of Strathmore; Earl of Leven; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Cardross; Lord Beilhaven; Lord Carmichell; Master of Forbes; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fontonhall; Lord Enstruther; Mr Fr: Montgomry; Laird of Grant; Laird of Blackbarony; Laird of Stivenson; Laird of Pollock; Sir William Lockhart; Sir Patrick Murray

Edinburgh Twentie fourth day of January Jaj vjc nyntie thrie years1

D1693/1/282

Sederunt

Lord Chancelor; Duke of Hamilton Pres; Earl of Melvill P: Seall; Earl of Linlithgow; Earl of Strathmore; Earl of Leven; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Viscount Stair; Lord Raith; Lord Cardross; Lord Beilhaven; Lord Carmichell; Master of Forbes; Lord Advocat; Lord Justice Clerk; Lord Hatton; Lord Fontonhall; Lord Enstruther; Mr Fr: Montgomry; Laird of Grant; Laird of Blackbarony; Laird of Stivenson; Laird of Pollock; Sir William Lockhart; Sir Patrick Murray

1. NRS, PC2/24, 162v.

2. NRS, PC2/24, 162v.

1. NRS, PC2/24, 162v.

2. NRS, PC2/24, 162v.