Tag Archives: January

Letter: from the Council, 15 January 1695, Edinburgh

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At Edinburgh tuesday 15th January 1695

A1695/1/221

Letter: from the Council

Letter from the Councill to the Secretary anent Desertors frae Flander serving in Scotland

The following letter being read in Councill was transcrived and signed by the Earle of Annandale preses of Councill for the tyme in name and by appoyntment of the Councill and appoynted to be recorded followes the letter My Lord His Majesties late letter of the tenth of December last Bearing That such as have deserted from the Scots Regiments since they were in Flanders be seized on and none others by the officers from Flanders, hath occasioned a questione betwixt these officers and the officers of the standing forces in this Kingdome, for the officers from Flanders conceive that by the abovementioned letter they may sease on all that have deserted from the Scotch Regiments in Flanders, whether they have here againe actuallie engadged in the standing Regiments within this Kingdome or not and on the other hand The officers of the forces within the Kingdome alleadge his majesties meaning to be That noe Desertors from Flanders should be seized except such as are out of service For they say the Kings Letter of the tuentie seventh day of november Jaj vjc and nynty and two years Toutching desertors of this sort allowes such only to be seized as shall be found not presently in his majesties Service And that agreeable to this Letter The Lords of privy Councill by their act of the sevententh day of November Jaj vjc nynty Toutching recruits Grants warrand to the Flanders officers to seise all manner of Desertors as they can find but still with this quality not presentlie in their majesties service And further when the Lords of Councill gave instructions in Februarie last anent the Levies then to be made they in their sexth instructione toutching Desertors from their Majesties forces at home or abroad allow the said Commissioner of supplie to determine the desertor to belong to the persone who puts him out in the new levie albeit he be found a Desertor By all which Documents which we have seen They think That they have taken on the said Desertors lawfully And that therfore it cannot be his Majesties meaning that they should be taken from them And farder they alleadge That if after the Considerable draughts that are appoynted to made out of the Regiments, The foresaid Desertor shall lykewayes be taken from them, their Regiments will scarce have the forme of Regiments This being the plaine Case The Lords of his majesties privy Councill are desyreous to know his Majesties owne mynd in the matter viz Whither all the said Desertors may be seised or only such as2 are found out of service and this I am commanded to signifie to you by their Lordships By whose ordors and in whose name these presents are subscrived by your most humble servant sic subscribitur Annandale p dated 15th January 1695 Directed thus on the back To the Right Honorable James Johnstoune Esquire Secretary of State for the Kingdome of Scotland

At Edinburgh tuesday 15th January 1695

A1695/1/221

Letter: from the Council

Letter from the Councill to the Secretary anent Desertors frae Flander serving in Scotland

The following letter being read in Councill was transcrived and signed by the Earle of Annandale preses of Councill for the tyme in name and by appoyntment of the Councill and appoynted to be recorded followes the letter My Lord His Majesties late letter of the tenth of December last Bearing That such as have deserted from the Scots Regiments since they were in Flanders be seized on and none others by the officers from Flanders, hath occasioned a questione betwixt these officers and the officers of the standing forces in this Kingdome, for the officers from Flanders conceive that by the abovementioned letter they may sease on all that have deserted from the Scotch Regiments in Flanders, whether they have here againe actuallie engadged in the standing Regiments within this Kingdome or not and on the other hand The officers of the forces within the Kingdome alleadge his majesties meaning to be That noe Desertors from Flanders should be seized except such as are out of service For they say the Kings Letter of the tuentie seventh day of november Jaj vjc and nynty and two years Toutching desertors of this sort allowes such only to be seized as shall be found not presently in his majesties Service And that agreeable to this Letter The Lords of privy Councill by their act of the sevententh day of November Jaj vjc nynty Toutching recruits Grants warrand to the Flanders officers to seise all manner of Desertors as they can find but still with this quality not presentlie in their majesties service And further when the Lords of Councill gave instructions in Februarie last anent the Levies then to be made they in their sexth instructione toutching Desertors from their Majesties forces at home or abroad allow the said Commissioner of supplie to determine the desertor to belong to the persone who puts him out in the new levie albeit he be found a Desertor By all which Documents which we have seen They think That they have taken on the said Desertors lawfully And that therfore it cannot be his Majesties meaning that they should be taken from them And farder they alleadge That if after the Considerable draughts that are appoynted to made out of the Regiments, The foresaid Desertor shall lykewayes be taken from them, their Regiments will scarce have the forme of Regiments This being the plaine Case The Lords of his majesties privy Councill are desyreous to know his Majesties owne mynd in the matter viz Whither all the said Desertors may be seised or only such as2 are found out of service and this I am commanded to signifie to you by their Lordships By whose ordors and in whose name these presents are subscrived by your most humble servant sic subscribitur Annandale p dated 15th January 1695 Directed thus on the back To the Right Honorable James Johnstoune Esquire Secretary of State for the Kingdome of Scotland

1. NRS, PC1/50, 97-8.

2. The letter ‘f’ scored out here.

1. NRS, PC1/50, 97-8.

2. The letter ‘f’ scored out here.

Sederunt, 15 January 1695, Edinburgh

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At Edinburgh tuesday 15th January 16951

A1695/1/212

Sederunt

Earl of Melvill; Earl of Cassills; Earl of Lothian; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Breadalbane; Viscount Tarbat; Lord Raith; Lord Carmichaell; Lord Polwarth; Lord Justice Clerk; Lord Hattoune; Laird of Grant; Laird of Stevensone

At Edinburgh tuesday 15th January 16951

A1695/1/212

Sederunt

Earl of Melvill; Earl of Cassills; Earl of Lothian; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Breadalbane; Viscount Tarbat; Lord Raith; Lord Carmichaell; Lord Polwarth; Lord Justice Clerk; Lord Hattoune; Laird of Grant; Laird of Stevensone

1. NRS, PC1/50, 97.

2. NRS, PC1/50, 97.

1. NRS, PC1/50, 97.

2. NRS, PC1/50, 97.

Act, 10 January 1695, Edinburgh

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At Edinburgh Thursday 10th January 1695

A1695/1/201

Act

Act upon Collonell Fergusons petitione for levieing recruits

Anent the petitione given in to the Lords of his majesties privy Councill by Collonell James Fergusone Shewing That his majestie in his ordors relateing to the recruits for Flanders haveing intimat his pleasure to the said Lords That none of the standing forces in Scotland be allowed to be recruited, untill first the Complement for Flanders be made up and also That all desertors found to be reallie such from Flanders shal be ordained to be delyvered up wherever they can be apprehended and that the magistrats of the severall brughs doe Concurr hereunto Nevertheless the officers of the forces here doe not only daily recruit But lyke they and the Countrey refuse to render up Desertors alleadgeing his Majesties indemnitie and the said Lords ordors to the Contrary Whereas it is humbly conceived That the designe and meaning of the indemnity was meerlie to unite all such againe to the service by Secureing them their lives and now That the frequent recruitings in this Countrey heretofore have exhausted the most part of idle persons and others fitt for service There will arryse insuperable difficulties in makeing up the number requyred if the said Lords should not take of the hindrances above represented And it was humblie moved in ordor to the furthering of the said recruits That the said Lords would not only authorise the recruiting officers to Cause beat drums within the toune of Edinburgh and suburbs and other burghs of the Kingdome But also condescend to their haveing all such who are prisoners for Capitall Crymes, and that the keepers of the Prisons be authorized for that effect and in case any difference should arrise betwixt the recruiters and the persons with quhom they may be concerned The said Lords would be pleased to appoynt a Comittie of Councille to whom the said petitioner may apply from tyme to tyme for haveing the same determined and who shall accordingly see the said Lords their ordors duely observed and put in executione And therfore humblie Craveing That the said Lords might be pleased after considering the premisses to stop the standing forces from makeing any further recruits untill these designed abroad be first made up To ordaine all Desertors who shall be discovered with those who are prisoners for crymes to be delyvered up, and further to grant warrand for beating of drums as the said petitione at lenth bears
The Lords of his majesties privy Councille Haveing Considered the foresaid representation given in by the said Collonel James Fergusone anent recruits and Desertors They Hereby allow the officers come from Flanders To levie men for recruiting their Regiments so far as they shall not be recruited by the men allowed by the Kings Majestie to them out of the standing forces of this Kingdom And for that effect to take on all such as are willing to engadge and to beat drums within the burgh of Edinburgh and other places for that end And ordains magistrats of Brughs and other Magistrats within this Kingdome to give Concurrance to the officers for makeing up their recruits and to allow them their prisons for such as shall willinglie engadge and also for their desertors The officers alwayes sustaining and intertaining such persones as shall be committed by them And as to persons who are prisoners for Capitall Crymes The said Lords appoynts the officers to make particular applicatione for evry such persone as they shall desyre to be delyvered to them from tyme to tyme and nominats and appoynts the Earles of Argyle Morton and Leven The Viscount of Tarbatt Lord Polwarth and Laird of Grant to be a Comittie for Considering all debates differencies or Complaints which may be made to them anent persons allegat wrongouslie seized either as Desertors or Souldiers With power to them to determine in these differencies or remitt the same to Inferior magistrats as they shall see Cause and in case of difficulty to report to the Councill and ordaines all persones who have been engadged by any of the officers of the standing forces within this Kingdome as Souldiers since the eighteen day of December Jaj vjc nynty and four years being the date of the proclamatione anent recruits and regulateing the seizing of Desertors to be delyvered to the officers come from Flanders for makeing up their recruits at sight of the Committee and upon such tearms as they shall find just excepting alwayes such persones as have been seized as Desertors from their Majesties forces in this Kingdome And Remitts to the same Committie To Consider how persons committed to his majesties Garrisons or persones as Souldiers or Desertors have been provyded for as to bedding and other necessaries untill the are put on board And to make report Hereof to the Councill and Declairs any two of the above Comittie to be a sufficient quorum

At Edinburgh Thursday 10th January 1695

A1695/1/201

Act

Act upon Collonell Fergusons petitione for levieing recruits

Anent the petitione given in to the Lords of his majesties privy Councill by Collonell James Fergusone Shewing That his majestie in his ordors relateing to the recruits for Flanders haveing intimat his pleasure to the said Lords That none of the standing forces in Scotland be allowed to be recruited, untill first the Complement for Flanders be made up and also That all desertors found to be reallie such from Flanders shal be ordained to be delyvered up wherever they can be apprehended and that the magistrats of the severall brughs doe Concurr hereunto Nevertheless the officers of the forces here doe not only daily recruit But lyke they and the Countrey refuse to render up Desertors alleadgeing his Majesties indemnitie and the said Lords ordors to the Contrary Whereas it is humbly conceived That the designe and meaning of the indemnity was meerlie to unite all such againe to the service by Secureing them their lives and now That the frequent recruitings in this Countrey heretofore have exhausted the most part of idle persons and others fitt for service There will arryse insuperable difficulties in makeing up the number requyred if the said Lords should not take of the hindrances above represented And it was humblie moved in ordor to the furthering of the said recruits That the said Lords would not only authorise the recruiting officers to Cause beat drums within the toune of Edinburgh and suburbs and other burghs of the Kingdome But also condescend to their haveing all such who are prisoners for Capitall Crymes, and that the keepers of the Prisons be authorized for that effect and in case any difference should arrise betwixt the recruiters and the persons with quhom they may be concerned The said Lords would be pleased to appoynt a Comittie of Councille to whom the said petitioner may apply from tyme to tyme for haveing the same determined and who shall accordingly see the said Lords their ordors duely observed and put in executione And therfore humblie Craveing That the said Lords might be pleased after considering the premisses to stop the standing forces from makeing any further recruits untill these designed abroad be first made up To ordaine all Desertors who shall be discovered with those who are prisoners for crymes to be delyvered up, and further to grant warrand for beating of drums as the said petitione at lenth bears
The Lords of his majesties privy Councille Haveing Considered the foresaid representation given in by the said Collonel James Fergusone anent recruits and Desertors They Hereby allow the officers come from Flanders To levie men for recruiting their Regiments so far as they shall not be recruited by the men allowed by the Kings Majestie to them out of the standing forces of this Kingdom And for that effect to take on all such as are willing to engadge and to beat drums within the burgh of Edinburgh and other places for that end And ordains magistrats of Brughs and other Magistrats within this Kingdome to give Concurrance to the officers for makeing up their recruits and to allow them their prisons for such as shall willinglie engadge and also for their desertors The officers alwayes sustaining and intertaining such persones as shall be committed by them And as to persons who are prisoners for Capitall Crymes The said Lords appoynts the officers to make particular applicatione for evry such persone as they shall desyre to be delyvered to them from tyme to tyme and nominats and appoynts the Earles of Argyle Morton and Leven The Viscount of Tarbatt Lord Polwarth and Laird of Grant to be a Comittie for Considering all debates differencies or Complaints which may be made to them anent persons allegat wrongouslie seized either as Desertors or Souldiers With power to them to determine in these differencies or remitt the same to Inferior magistrats as they shall see Cause and in case of difficulty to report to the Councill and ordaines all persones who have been engadged by any of the officers of the standing forces within this Kingdome as Souldiers since the eighteen day of December Jaj vjc nynty and four years being the date of the proclamatione anent recruits and regulateing the seizing of Desertors to be delyvered to the officers come from Flanders for makeing up their recruits at sight of the Committee and upon such tearms as they shall find just excepting alwayes such persones as have been seized as Desertors from their Majesties forces in this Kingdome And Remitts to the same Committie To Consider how persons committed to his majesties Garrisons or persones as Souldiers or Desertors have been provyded for as to bedding and other necessaries untill the are put on board And to make report Hereof to the Councill and Declairs any two of the above Comittie to be a sufficient quorum

1. NRS, PC1/50, 94-6.

1. NRS, PC1/50, 94-6.

Procedure, 10 January 1695, Edinburgh

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A1695/1/191

Procedure

Querie anent Hearthmoney

The said Earle haveing also desyred in name of the Lords of Thesaurie that the Councill would give their oppinione as to what is to be done with such persones as have been and are deficient in payment of the hearthmoney, and what should be done with the Cautioners for the Collectors of the hearthmoney where the Collectors themselves are dead The Councill recommends to the Lord Polwarth and Laird of Grant To Consider the proclamations and acts of Councille made anent the hearthmoney and report their oppinione in the above poynts to the Councille and Declairs any one of the Lords Commissioners to be members of the foresaid Committee

At Edinburgh Thursday 10th January 1695

A1695/1/191

Procedure

Querie anent Hearthmoney

The said Earle haveing also desyred in name of the Lords of Thesaurie that the Councill would give their oppinione as to what is to be done with such persones as have been and are deficient in payment of the hearthmoney, and what should be done with the Cautioners for the Collectors of the hearthmoney where the Collectors themselves are dead The Councill recommends to the Lord Polwarth and Laird of Grant To Consider the proclamations and acts of Councille made anent the hearthmoney and report their oppinione in the above poynts to the Councille and Declairs any one of the Lords Commissioners to be members of the foresaid Committee

1. NRS, PC1/50, 94.

1. NRS, PC1/50, 94.

Procedure, 10 January 1695, Edinburgh

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At Edinburgh Thursday 10th January 1695

A1695/1/181

Procedure

Querie anent Irish salt beeff

The Earle of Cassills represented in name of the Commissioners of the Thesaurie That they desyred to know if salt beeff be comprehended in the act of parliament dischargeing the importatione of Cattle or victuall from Ireland The same was laid asyde till farder considered

At Edinburgh Thursday 10th January 1695

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Procedure

Querie anent Irish salt beeff

The Earle of Cassills represented in name of the Commissioners of the Thesaurie That they desyred to know if salt beeff be comprehended in the act of parliament dischargeing the importatione of Cattle or victuall from Ireland The same was laid asyde till farder considered

1. NRS, PC1/50, 94.

1. NRS, PC1/50, 94.

Procedure, 10 January 1695, Edinburgh

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At Edinburgh Thursday 10th January 1695

A1695/1/171

Procedure

Approbatione Alexander Kellies Imprisonment

The Councill approved of the Lord Justice Clerk his causeing imprisone Alexander Kellie upon suspision of his haveing been in France since he inacted himself in the books of privy Councill not to goe there And ordained him to continue closs prisoner and appoynted a Committee to examine him

At Edinburgh Thursday 10th January 1695

A1695/1/171

Procedure

Approbatione Alexander Kellies Imprisonment

The Councill approved of the Lord Justice Clerk his causeing imprisone Alexander Kellie upon suspision of his haveing been in France since he inacted himself in the books of privy Councill not to goe there And ordained him to continue closs prisoner and appoynted a Committee to examine him

1. NRS, PC1/50, 94.

1. NRS, PC1/50, 94.

Act, 10 January 1695, Edinburgh

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At Edinburgh Thursday 10th January 1695

A1695/1/161

Act

Act and Recomendatione Sir Æneas Mcphersone

Anent the petitione given in to the Lords of his majesties privy Councill by Sir Æneas Mcphersone Prisoner in the Tolbooth of Edinburgh Shewing That where the said petitioner being thir four moneths bygone keeped closs prisoner in Edinburgh Tolbooth without allowing his relations when they were in toune to see him though they came on purpose from the Highlands for that end and to supplie his necessities He and his familie are thereby reduced to hard straits and his health so visiblie impaired That it is almost impossible the said petitioner can subsist or live any considerable tyme in so unhealthie a prisone And therfore humblie Craveing that the said Lords might consider the said petitioners condition and either to sett him free on baile That He may provyde for his suffering familey or failzieing of that to ordor the said petitioner ane augmentatione of aliment and libertie to be under Guards in the same lodgeing with his wyfe and Children The said petitioner being willing to enact himself under the paine of death not to labour ane escape as the said petitione at lenth bears.
The Lords of his majesties privie Councill haveing Considered the foresaid petitione given in to them by the said Sir Æneas Mcphersone They hereby Recomend to the Lords Commissioners of his majesties Thesaurie To allow the said petitioner ane aliment of two shilling sterline per diem besyde the two shilling sterline formerlie alowed to him and this for the aliment and intertainment of the said Sir Æneas himself and Lady and numerous familey and Recomends to Sir James Stueart his majesties Advocat To wryt to the Secretarie of State That He send doune such informatione and evidence as might be the ground of ane indictment against the said Sir Æneas and Recomends to the said Lords of Thesaurie to continue the above additionall aliment untill the answer be returned from the secretarie of state.

At Edinburgh Thursday 10th January 1695

A1695/1/161

Act

Act and Recomendatione Sir Æneas Mcphersone

Anent the petitione given in to the Lords of his majesties privy Councill by Sir Æneas Mcphersone Prisoner in the Tolbooth of Edinburgh Shewing That where the said petitioner being thir four moneths bygone keeped closs prisoner in Edinburgh Tolbooth without allowing his relations when they were in toune to see him though they came on purpose from the Highlands for that end and to supplie his necessities He and his familie are thereby reduced to hard straits and his health so visiblie impaired That it is almost impossible the said petitioner can subsist or live any considerable tyme in so unhealthie a prisone And therfore humblie Craveing that the said Lords might consider the said petitioners condition and either to sett him free on baile That He may provyde for his suffering familey or failzieing of that to ordor the said petitioner ane augmentatione of aliment and libertie to be under Guards in the same lodgeing with his wyfe and Children The said petitioner being willing to enact himself under the paine of death not to labour ane escape as the said petitione at lenth bears.
The Lords of his majesties privie Councill haveing Considered the foresaid petitione given in to them by the said Sir Æneas Mcphersone They hereby Recomend to the Lords Commissioners of his majesties Thesaurie To allow the said petitioner ane aliment of two shilling sterline per diem besyde the two shilling sterline formerlie alowed to him and this for the aliment and intertainment of the said Sir Æneas himself and Lady and numerous familey and Recomends to Sir James Stueart his majesties Advocat To wryt to the Secretarie of State That He send doune such informatione and evidence as might be the ground of ane indictment against the said Sir Æneas and Recomends to the said Lords of Thesaurie to continue the above additionall aliment untill the answer be returned from the secretarie of state.

1. NRS, PC1/50, 93.

1. NRS, PC1/50, 93.

Sederunt, 10 January 1695, Edinburgh

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At Edinburgh Thursday 10th January 16951

A1695/1/152

Sederunt

Earl of Melvill; Earl of Argyle; Earl of Mortoune; Earl of Cassills; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Breadalbane; Viscount Tarbat; Lord Raith; Lord Carmichaell; Lord Polwarth; Lord Advocat; Lord Justice clerk; Lord Hattoune; Laird of Grant

At Edinburgh Thursday 10th January 16951

A1695/1/152

Sederunt

Earl of Melvill; Earl of Argyle; Earl of Mortoune; Earl of Cassills; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Breadalbane; Viscount Tarbat; Lord Raith; Lord Carmichaell; Lord Polwarth; Lord Advocat; Lord Justice clerk; Lord Hattoune; Laird of Grant

1. NRS, PC1/50, 93.

2. NRS, PC1/50, 93.

1. NRS, PC1/50, 93.

2. NRS, PC1/50, 93.

Procedure, 3 January 1695, Edinburgh

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At Edinburgh thursday 3d January 1695

A1695/1/141

Procedure

New Dyet to the Commissione for Shools and Colledges

The Lords of their Majesties privy Councill understanding That the Commissione of parliament appoyted for the visitatione of Colledges and Schools which should have mett yeasterday being the first weddensday of Januarie instant did not meet in respect of the sadd news of her Royall Majesties death which came that day They doe Hereby appoynt the dyet for the meeting of the said Commissione to be upon munday the seventh day of Januarie instant at ten in the forenoon And Appoynts the macers of Councill To acquaint the members to the Commissione that they be present at the said Commissione

At Edinburgh thursday 3d January 1695

A1695/1/141

Procedure

New Dyet to the Commissione for Shools and Colledges

The Lords of their Majesties privy Councill understanding That the Commissione of parliament appoyted for the visitatione of Colledges and Schools which should have mett yeasterday being the first weddensday of Januarie instant did not meet in respect of the sadd news of her Royall Majesties death which came that day They doe Hereby appoynt the dyet for the meeting of the said Commissione to be upon munday the seventh day of Januarie instant at ten in the forenoon And Appoynts the macers of Councill To acquaint the members to the Commissione that they be present at the said Commissione

1. NRS, PC1/50, 92.

1. NRS, PC1/50, 92.

Sederunt, 3 January 1695, Edinburgh

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At Edinburgh thursday 3d January 1695

A1695/1/131

Sederunt

Earl of Southerland; Earl of Cassills; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Breadalbane; Viscount Tarbat; Lord Raith; Lord Carmichael; Lord Justice Clerk; Lord Hattoune; Mr Fra: Montgomery

At Edinburgh thursday 3d January 1695

A1695/1/131

Sederunt

Earl of Southerland; Earl of Cassills; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Breadalbane; Viscount Tarbat; Lord Raith; Lord Carmichael; Lord Justice Clerk; Lord Hattoune; Mr Fra: Montgomery

1. NRS, PC1/50, 92.

1. NRS, PC1/50, 92.