Sederunt, 23 January 1697, Edinburgh

Att Edinburgh the Tuenty third day of January Jaj vic nyntie seven years1

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Sederunt

Lord Chancelor; Duke of Queensberry; Earl of Argyll; Earl of Mortoun; Lord Raith; Lord Advocat; Lord Philiphaugh; Lord Halcraig; Lord Rankeilor; Laird of Pollock; Laird of Stevenson

Att Edinburgh the Tuenty third day of January Jaj vic nyntie seven years1

A1697/1/242

Sederunt

Lord Chancelor; Duke of Queensberry; Earl of Argyll; Earl of Mortoun; Lord Raith; Lord Advocat; Lord Philiphaugh; Lord Halcraig; Lord Rankeilor; Laird of Pollock; Laird of Stevenson

1. NRS, PC1/51, 95.

2. NRS, PC1/51, 95.

1. NRS, PC1/51, 95.

2. NRS, PC1/51, 95.

Act, 22 January 1697, Edinburgh

Att Edinburgh the tuenty second day of January Jaj vic nyntie seven years

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Act

Act of Liberation Mr John Eduards

The Lord Advocate having acquainted the Councill That he is Informed by the Keepers of the tolbooth of Edinburgh that Mr John Eduards prisoner in that tolbooth is in hazard not to Live till the Sabbath day And their Lordships having Considered a testificat under the hands of Doctor Ecles and David Fyffe apothecary Chirurgeon of his Indisposition and that his Life is in hazard The saids Lords of his Majesties privie Councill Doe heirby Give order and warrand to the Magistrats of Edinburgh and Keeper of their tolbooth to sett the said Mr John Eduards at Libertie furth thereof he first Giving bond and finding sufficient Cautione acted in the books of his Majesties privie Councill That he shall Live peacably under and with all Submission to the present government of his Majestie King William And that he shall not Act Consult nor Contryve any thing in prejudice therof nor shall not Converss or Correspond with any rebells And that he shall appear before the saids Lords whensoever he shall be Called for or required to that effect under the penaltie of one thousand merks Scotts money In case he shall transgress in any part of the premisses.

Att Edinburgh the tuenty second day of January Jaj vic nyntie seven years

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Act

Act of Liberation Mr John Eduards

The Lord Advocate having acquainted the Councill That he is Informed by the Keepers of the tolbooth of Edinburgh that Mr John Eduards prisoner in that tolbooth is in hazard not to Live till the Sabbath day And their Lordships having Considered a testificat under the hands of Doctor Ecles and David Fyffe apothecary Chirurgeon of his Indisposition and that his Life is in hazard The saids Lords of his Majesties privie Councill Doe heirby Give order and warrand to the Magistrats of Edinburgh and Keeper of their tolbooth to sett the said Mr John Eduards at Libertie furth thereof he first Giving bond and finding sufficient Cautione acted in the books of his Majesties privie Councill That he shall Live peacably under and with all Submission to the present government of his Majestie King William And that he shall not Act Consult nor Contryve any thing in prejudice therof nor shall not Converss or Correspond with any rebells And that he shall appear before the saids Lords whensoever he shall be Called for or required to that effect under the penaltie of one thousand merks Scotts money In case he shall transgress in any part of the premisses.

1. NRS, PC1/51, 95.

1. NRS, PC1/51, 95.

Procedure, 22 January 1697, Edinburgh

Att Edinburgh the tuenty second day of January Jaj vic nyntie seven years

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Procedure

Anent English hammered money

It having gone to the Vote proceed in Crying up the English milned money or delay It was Carryed proceed Then it went to the Vote Cry up the English milned Croune and fractions or not It was Carryed in the affirmative Therafter It being votted if the English milned Croune should be Cryed up to pass at three pound five shilling Scotts and its fractions proportionallie It was Carryed in the affirmative And Recomends to the Lord Advocate to putt this in the former proclamation.

Att Edinburgh the tuenty second day of January Jaj vic nyntie seven years

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Procedure

Anent English hammered money

It having gone to the Vote proceed in Crying up the English milned money or delay It was Carryed proceed Then it went to the Vote Cry up the English milned Croune and fractions or not It was Carryed in the affirmative Therafter It being votted if the English milned Croune should be Cryed up to pass at three pound five shilling Scotts and its fractions proportionallie It was Carryed in the affirmative And Recomends to the Lord Advocate to putt this in the former proclamation.

1. NRS, PC1/51, 95.

1. NRS, PC1/51, 95.

Procedure, 22 January 1697, Edinburgh

Att Edinburgh the tuenty second day of January Jaj vic nyntie seven years

A1697/1/211

Procedure

Anent Bread English money

It having gone to the vote if the English hammered unmilled money shall be Current at a Grott the dropp yea or not It was Carryed in the affirmative that it goe at a Grott the dropp And that a proclamation be prepared for this effect And Recommends to his Majesties Advocat to prepare the same against the nixt meeting of Councill.

Att Edinburgh the tuenty second day of January Jaj vic nyntie seven years

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Procedure

Anent Bread English money

It having gone to the vote if the English hammered unmilled money shall be Current at a Grott the dropp yea or not It was Carryed in the affirmative that it goe at a Grott the dropp And that a proclamation be prepared for this effect And Recommends to his Majesties Advocat to prepare the same against the nixt meeting of Councill.

1. NRS, PC1/51, 95.

1. NRS, PC1/51, 95.

Sederunt, 22 January 1697, Edinburgh

Att Edinburgh the tuenty second day of January Jaj vic nyntie seven years1

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Sederunt

Lord Chancelor; Duke of Queensberry; Earl of Argyll; Earl of Mortoun; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Yester; Lord John Hamilton; Lord Raith; Lord Carmichaell; Lord Advocat; Lord Justice Clerk; Lord Philiphaugh; Lord Halcraig; Lord Anstruther; Lord Rankeilor; Mr Francis Montgomery; Laird of Pollock; Laird of Blackbarrony; Laird of Stevenson; Laird of Cessnock; Laird of Balhousie; Provost of Edinburgh

Att Edinburgh the tuenty second day of January Jaj vic nyntie seven years1

A1697/1/202

Sederunt

Lord Chancelor; Duke of Queensberry; Earl of Argyll; Earl of Mortoun; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Yester; Lord John Hamilton; Lord Raith; Lord Carmichaell; Lord Advocat; Lord Justice Clerk; Lord Philiphaugh; Lord Halcraig; Lord Anstruther; Lord Rankeilor; Mr Francis Montgomery; Laird of Pollock; Laird of Blackbarrony; Laird of Stevenson; Laird of Cessnock; Laird of Balhousie; Provost of Edinburgh

1. NRS, PC1/51, 94.

2. NRS, PC1/51, 94.

1. NRS, PC1/51, 94.

2. NRS, PC1/51, 94.

Letter: royal, 20 January 1697, Edinburgh

Att Edinburgh the Tuenty day of January Jaj vic nyntie seven

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Letter: royal

Letter to the King anent a ship taken in Orkney by ane English man of war

A Letter from the Councill to the King Anent a Scotts wyn Ship taken at Keirstoun in Orkney by ane English man of warr read votted and approven And appointed to be transcribed and Carryed through the Councelors houses in the Afternoon that it may be Despatched by a flying pacquet this afternoon with a Further Letter to the secretaries of state.
Folloues the tenor of the Letter
May it please your sacred Majestie Having had a Complaint exhibit to us in Councill That a ship Belonging to some of our merchants Called the Kathrine of Dysert James Symdone master having Come homeward the Length of the road and bay of Carstoun in Orkney wher she was at Anchor closs upon the Land was their with her Crue seized and Carryed away by ane English frygott called the Woolage frygott one Stapletoun Captain as if she had been Laufull prise which being a manifest violation of the rights of this your ancient Kingdome and a heavy Loss and Greivance to your good Subjects Concerned And in effect of that Consequence as to the security of our trade that it may in a Great manner frustrat the payment of your Majesties Customes We thought it our duety speciallie for preventing the Grudges and animosities so Likely to arise from such practises To Lay the case before your Majestie with all Submission Most humbly Intreating that your Majestie would Cause give the necessary orders to make the Captain of the frygatt make full restitution both of the ship and Loading and damnages of the parties Concerned And that Because of the frequent Insults we have suffered of this kinde If it please your Majestie such Intimation and orders may be Given to all ships of warr and other ships and their Commanders and masters That they presume not to seize atttacque or molest in any Sort Any ship or vessell belonging to your Leidges of this Kingdome within the harbours roads and waters therof which will both tend to the honour of this your ancient Kingdome The securitie and Encouragement of the Trade therof and the Great Satisfaction of all your Majesties good subjects We are May it please your Majestie Your Majesties most Loyall most faithfull and most obedient subjects and servants sic subscribitur Poluarth Cancelar Queensberry Argyll Leven Annandale John Hamilton Teviott Raith Beilhaven J Hamiltone James Steuart A Hope John Maxuell.

Att Edinburgh the Tuenty day of January Jaj vic nyntie seven

A1697/1/191

Letter: royal

Letter to the King anent a ship taken in Orkney by ane English man of war

A Letter from the Councill to the King Anent a Scotts wyn Ship taken at Keirstoun in Orkney by ane English man of warr read votted and approven And appointed to be transcribed and Carryed through the Councelors houses in the Afternoon that it may be Despatched by a flying pacquet this afternoon with a Further Letter to the secretaries of state.
Folloues the tenor of the Letter
May it please your sacred Majestie Having had a Complaint exhibit to us in Councill That a ship Belonging to some of our merchants Called the Kathrine of Dysert James Symdone master having Come homeward the Length of the road and bay of Carstoun in Orkney wher she was at Anchor closs upon the Land was their with her Crue seized and Carryed away by ane English frygott called the Woolage frygott one Stapletoun Captain as if she had been Laufull prise which being a manifest violation of the rights of this your ancient Kingdome and a heavy Loss and Greivance to your good Subjects Concerned And in effect of that Consequence as to the security of our trade that it may in a Great manner frustrat the payment of your Majesties Customes We thought it our duety speciallie for preventing the Grudges and animosities so Likely to arise from such practises To Lay the case before your Majestie with all Submission Most humbly Intreating that your Majestie would Cause give the necessary orders to make the Captain of the frygatt make full restitution both of the ship and Loading and damnages of the parties Concerned And that Because of the frequent Insults we have suffered of this kinde If it please your Majestie such Intimation and orders may be Given to all ships of warr and other ships and their Commanders and masters That they presume not to seize atttacque or molest in any Sort Any ship or vessell belonging to your Leidges of this Kingdome within the harbours roads and waters therof which will both tend to the honour of this your ancient Kingdome The securitie and Encouragement of the Trade therof and the Great Satisfaction of all your Majesties good subjects We are May it please your Majestie Your Majesties most Loyall most faithfull and most obedient subjects and servants sic subscribitur Poluarth Cancelar Queensberry Argyll Leven Annandale John Hamilton Teviott Raith Beilhaven J Hamiltone James Steuart A Hope John Maxuell.

1. NRS, PC1/51, 93-4.

1. NRS, PC1/51, 93-4.

Sederunt, 20 January 1697, Edinburgh

Att Edinburgh the Tuenty day of January Jaj vic nyntie seven1

A1697/1/182

Sederunt

Lord Chancelor; Duke of Queensberry; Earl of Argyll; Earl of Mortoun; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Lord John Hamilton; Viscount Teviot; Lord Raith; Lord Beilhaven; Lord Advocat; Lord Philiphaugh; Lord Halcraig; Lord Anstruther; Lord Rankeilor; Laird of Pollock

Att Edinburgh the Tuenty day of January Jaj vic nyntie seven1

A1697/1/182

Sederunt

Lord Chancelor; Duke of Queensberry; Earl of Argyll; Earl of Mortoun; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Lord John Hamilton; Viscount Teviot; Lord Raith; Lord Beilhaven; Lord Advocat; Lord Philiphaugh; Lord Halcraig; Lord Anstruther; Lord Rankeilor; Laird of Pollock

1. NRS, PC1/51, 93.

2. NRS, PC1/51, 93.

1. NRS, PC1/51, 93.

2. NRS, PC1/51, 93.

Commission by the Council, 19 January 1697, Edinburgh

At Edinburgh the Nynteenth day of January Jaj vic nyntie seven years

A1697/1/171

Commission by the Council

Commission for Discovering some witches

The Lords of his Majesties privie Councill Being Informed of severall flagrant Grounds of suspicion of witches and witchcraft within the Shire of Renfreu Especially from the afflicted and extraordinary Condition of Christian Shaw daughter to John Shaw of Bargarren Doe therfore heirby Grant pouer and Commission to Alexander Lord Blantyre Sir John Maxuell of Pollock Sir John Shaw of Greenock William Cunyngham of Craigens Alexander Porterfeild of Douchall Glanderstoun Calduell Gavine Cochran of Thornlymure Alexander Porterfeild of Fulluood and the Shirreff deput of the Shire of Renfrew or any five of them as ther quorum to make all Laufull Inquirie Anent the saids witches and witchcraft And to Cite and examine witnesses and take all Laufull probation but without oath for discovering of the same And as they shall find Cause to Give orders for Imprisoning or otherwayes securing the persons Justly suspect untill further order And the forsaids persones are heirby required to Give ane account of their dilligence and proceedings un the said matter to the Clerks of privie Councill betwixt and the tenth day of March next to Come Sic subscribitur Poluarth cancelar Argyll Leven Forfar Raith Beilhaven James Steuart A Hope W Anstruther John Maxuell Robert Sinclair.

At Edinburgh the Nynteenth day of January Jaj vic nyntie seven years

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Commission by the Council

Commission for Discovering some witches

The Lords of his Majesties privie Councill Being Informed of severall flagrant Grounds of suspicion of witches and witchcraft within the Shire of Renfreu Especially from the afflicted and extraordinary Condition of Christian Shaw daughter to John Shaw of Bargarren Doe therfore heirby Grant pouer and Commission to Alexander Lord Blantyre Sir John Maxuell of Pollock Sir John Shaw of Greenock William Cunyngham of Craigens Alexander Porterfeild of Douchall Glanderstoun Calduell Gavine Cochran of Thornlymure Alexander Porterfeild of Fulluood and the Shirreff deput of the Shire of Renfrew or any five of them as ther quorum to make all Laufull Inquirie Anent the saids witches and witchcraft And to Cite and examine witnesses and take all Laufull probation but without oath for discovering of the same And as they shall find Cause to Give orders for Imprisoning or otherwayes securing the persons Justly suspect untill further order And the forsaids persones are heirby required to Give ane account of their dilligence and proceedings un the said matter to the Clerks of privie Councill betwixt and the tenth day of March next to Come Sic subscribitur Poluarth cancelar Argyll Leven Forfar Raith Beilhaven James Steuart A Hope W Anstruther John Maxuell Robert Sinclair.

1. NRS, PC1/51, 93.

1. NRS, PC1/51, 93.

Procedure, 19 January 1697, Edinburgh

At Edinburgh the Nynteenth day of January Jaj vic nyntie seven years

A1697/1/161

Procedure

Anent English money

It being moved that some Course might be taken with the English hammered money which is heaped in upon Scotland from England wher only milled money is now Current And Having gone to the Vote whither Revive the proclamationes for the Currency of that money or not It Came to the Lord High Chancelors Vote (the votes being splitt) And His Lordship delayed to Give his opinione till Fryday at three of the Clock in the Afternoon.

At Edinburgh the Nynteenth day of January Jaj vic nyntie seven years

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Procedure

Anent English money

It being moved that some Course might be taken with the English hammered money which is heaped in upon Scotland from England wher only milled money is now Current And Having gone to the Vote whither Revive the proclamationes for the Currency of that money or not It Came to the Lord High Chancelors Vote (the votes being splitt) And His Lordship delayed to Give his opinione till Fryday at three of the Clock in the Afternoon.

1. NRS, PC1/51, 92.

1. NRS, PC1/51, 92.

Warrant, 19 January 1697, Edinburgh

At Edinburgh the Nynteenth day of January Jaj vic nyntie seven years

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Warrant

Warrand Anent persons under bale

The Lords of his Majesties privie Councill having Considered the report made to them by the Committee anent persons under Bale They Find that ther is noe necessity to Call or Cite the persons named in the first place of the said report But Continoues their Bales as formerly uithout alteration And ordaines Sir William Sharp who is under bale of tuo hundred pounds Sterling to renue his bale for five hundreth pounds Sterling And ordaines William Hamilton of Orvistoun who is under bale of Fyve hundreth pounds Sterling to renue his bale for one Thowsand pounds sterling And ordaines both ther bonds to be registrat and they and their Cautioners to be Cited And upon Granting the new bales alloues the old bonds to be given up And the saids Lords Liberats Sir William Birne from the sentence of Confynment under which he Lyes And alloues him to be at Libertie upon his giving bond and finding sufficient Caution cited in the books of his Majesties privie Councill That he shall Live peacably under and with all Submission to the present government of his Majestie King William And that he shall not Act Consult nor Contryve any thing in prejudice therof nor shall not Converss or Correspond with any rebells And that he shall appear before the saids Lords whensoever he shall be Called for or required to that effect under the penaltie of one Thousand pounds sterling In caise he shall transgress in any part of the premysses And the saids Lords appointes Mr Thomas Gordon Late Regent at Glasgow and his Cautioner to be Cited and upon his appearance Confynes him to the toune of old Aberdeen and tuo Mylles about the same And ordaines him to Give bond and find sufficient Caution acted in the saids books of privie Councill That he shall keep his said Confynment and not goe uithout the bounds of the same And that he shall Live peacably and appear when called for as said is under the penalty of Tuo Thousand merks And appointes him to be Committed prisoner till he Give the said bond And the Councill ordaines Captain James Patoune and his Cautioners to be Cited And upon his appearing Banishes him furth of his Majesties dominions to the plantations in America And to be Committed prisoner till he be shipped for the saids plantationes as was done by a former sentence of Councill of the date the tuenty Eight day of december Jaj vic nyntie three years And ordaines him to be Committed prisoner to the tolbooth of Edinburgh untill he fulfill the said Sentence And ordaines Charles Farqwharson brother to Inneray James Adamson Gentlemen Alexander Sandilands Captain John Livingstoune Captain John Ramsay […] Irving of Stapletoune and Captaine James Dalziell son to Glennae who have all Lately been in France and their Cautioners to be Cited That the Councill may Consider what to doe with them if they shall appear And ordaines James Broune son to Hugh Broune apothecary in Edinburgh Leivtennant James Gordon Captaine Robert Dobie Ensigne John Lesly James Frazer of Tyrie Leivtennant Alexander Lesly Lues Hay Ensigne James Drummond […] Elphingstoun of Glaick and his son […] Gordon of Auchintoull younger […] Edmonstoun of Broich James Grhame of Buchlyvie Mr Thomas Creichtoune servant to the Earle of Perth Patrick Kininmounth of that Ilk and Patrick Wyntoun of Strickmartine and their Cautioners all to be Cited to renue their Bales or that the Councill may Consider what they will doe with them And the Councill appointes […] Kennedy of Cullane and […] Lindsay of Elvellick to be Cited upon their bonds to Compear and find new Cautioners In respect both the old Cautioners are dead And ordaines the persones afternamed For whom the new Viscount of Teviott then Sir Thomas Livingstoune did take bond for their appearance In Aprile Jaj vic nyntie one years Viz John Buchannan of Arnpryor Dugall Buchannan of Gartencablet Walter and James Grhames of Gartur Andrew McFarlane of Gartartan Thomas Grhame of Douchrie John Buchannan of Auchininar Robert Grhame of Glennie Hary Grhame in Buquhaple John Grhame of Killiearne and Eduard Buchannan of Spittle To be Cited at the Instance of Sir James Steuart his Majesties Advocat to appear before the Councill upon the last Thursday of February nixt to Come To Ansuer to what shall be Laid to their Charge And ordaines the forsaids bonds to be registrat and the Clerks of Councill to raise horning thereon and a Lybell against the persons Last named And appoyntes his Majesties sollicitor to Call for and Cause execute the saids hornings and Lybell with all dilligence.

At Edinburgh the Nynteenth day of January Jaj vic nyntie seven years

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Warrant

Warrand Anent persons under bale

The Lords of his Majesties privie Councill having Considered the report made to them by the Committee anent persons under Bale They Find that ther is noe necessity to Call or Cite the persons named in the first place of the said report But Continoues their Bales as formerly uithout alteration And ordaines Sir William Sharp who is under bale of tuo hundred pounds Sterling to renue his bale for five hundreth pounds Sterling And ordaines William Hamilton of Orvistoun who is under bale of Fyve hundreth pounds Sterling to renue his bale for one Thowsand pounds sterling And ordaines both ther bonds to be registrat and they and their Cautioners to be Cited And upon Granting the new bales alloues the old bonds to be given up And the saids Lords Liberats Sir William Birne from the sentence of Confynment under which he Lyes And alloues him to be at Libertie upon his giving bond and finding sufficient Caution cited in the books of his Majesties privie Councill That he shall Live peacably under and with all Submission to the present government of his Majestie King William And that he shall not Act Consult nor Contryve any thing in prejudice therof nor shall not Converss or Correspond with any rebells And that he shall appear before the saids Lords whensoever he shall be Called for or required to that effect under the penaltie of one Thousand pounds sterling In caise he shall transgress in any part of the premysses And the saids Lords appointes Mr Thomas Gordon Late Regent at Glasgow and his Cautioner to be Cited and upon his appearance Confynes him to the toune of old Aberdeen and tuo Mylles about the same And ordaines him to Give bond and find sufficient Caution acted in the saids books of privie Councill That he shall keep his said Confynment and not goe uithout the bounds of the same And that he shall Live peacably and appear when called for as said is under the penalty of Tuo Thousand merks And appointes him to be Committed prisoner till he Give the said bond And the Councill ordaines Captain James Patoune and his Cautioners to be Cited And upon his appearing Banishes him furth of his Majesties dominions to the plantations in America And to be Committed prisoner till he be shipped for the saids plantationes as was done by a former sentence of Councill of the date the tuenty Eight day of december Jaj vic nyntie three years And ordaines him to be Committed prisoner to the tolbooth of Edinburgh untill he fulfill the said Sentence And ordaines Charles Farqwharson brother to Inneray James Adamson Gentlemen Alexander Sandilands Captain John Livingstoune Captain John Ramsay […] Irving of Stapletoune and Captaine James Dalziell son to Glennae who have all Lately been in France and their Cautioners to be Cited That the Councill may Consider what to doe with them if they shall appear And ordaines James Broune son to Hugh Broune apothecary in Edinburgh Leivtennant James Gordon Captaine Robert Dobie Ensigne John Lesly James Frazer of Tyrie Leivtennant Alexander Lesly Lues Hay Ensigne James Drummond […] Elphingstoun of Glaick and his son […] Gordon of Auchintoull younger […] Edmonstoun of Broich James Grhame of Buchlyvie Mr Thomas Creichtoune servant to the Earle of Perth Patrick Kininmounth of that Ilk and Patrick Wyntoun of Strickmartine and their Cautioners all to be Cited to renue their Bales or that the Councill may Consider what they will doe with them And the Councill appointes […] Kennedy of Cullane and […] Lindsay of Elvellick to be Cited upon their bonds to Compear and find new Cautioners In respect both the old Cautioners are dead And ordaines the persones afternamed For whom the new Viscount of Teviott then Sir Thomas Livingstoune did take bond for their appearance In Aprile Jaj vic nyntie one years Viz John Buchannan of Arnpryor Dugall Buchannan of Gartencablet Walter and James Grhames of Gartur Andrew McFarlane of Gartartan Thomas Grhame of Douchrie John Buchannan of Auchininar Robert Grhame of Glennie Hary Grhame in Buquhaple John Grhame of Killiearne and Eduard Buchannan of Spittle To be Cited at the Instance of Sir James Steuart his Majesties Advocat to appear before the Councill upon the last Thursday of February nixt to Come To Ansuer to what shall be Laid to their Charge And ordaines the forsaids bonds to be registrat and the Clerks of Councill to raise horning thereon and a Lybell against the persons Last named And appoyntes his Majesties sollicitor to Call for and Cause execute the saids hornings and Lybell with all dilligence.

1. NRS, PC1/51, 91-2.

1. NRS, PC1/51, 91-2.