Tag Archives: January

Act, 17 January 1699, Edinburgh

Posted on by

Att Edinburgh the Seventeinth day of January Jaj vic Nyntie Nyne

D1699/1/71

Act

Act Anent the Lists of Poleable persons

Anent the petitione given in to the Lords of his majesties privy Councill by the Magistrats of the burgh of Glasgow for them Selves and in name and behalf of the Toune Councill and Community of the said burgh Shewing Wheras the petitioners haveing conforme to the act of parliament anent the Pole-money taken and made Lists and rolls of the poleable persones within the Said burgh and duely recorded the samen in the termes of the said act The petitioners did upon the Nynteinth of December Last Transmitt ane abstract of the saids Lists by the ordinary post established betwixt Edinburgh and Glasgow, and albeit the Taxmen of the post office be oblidged by a Speciall agreement with the petitioners to make due and punctuall returnes of all Letters betwixt this place and Glasgow in the space of two dayes, yet the forsaids Lists and rolls which were dispatched on the Nynteinth as said is, did not arryve here till the Twentie thrid day of December when they were Lodged in Sir Thomas Moncreiffs hands, and the petitioners haveing severall times applied to William Ferguson of Ferguslie Tacksmen of the pole to receive the saids Lists that the same might be marked and returned in due time, He absolutely refused on pretence that they were not reported betwixt and that time prefixt be the act of parliament which was the twentie Second of the said moneth of December And Seing the petitioners are not in the fault that the saids rolls were not reported against the day prefixt and that their was bot modua mori the same being renewed by Sir Thomas Moncreiff the very day therafter and that it was only the post masters fault and non of the petitioners as said is And Therfore Humbly Craveing the saids Lords would be pleased to ordaine the said William Cochran Tacksman yet to receive and mark the saids Lists and rolls which are lying in Sir Thomas Moncreifs hands Especially ther being no Certification against the Magistrats who doe not report against the preceise day, and Likewayes to Recomend to the Tacksman that he appoint his Collector or the Collector of Cess for the Shyre who is willing to attend at Glasgow to uplift the pole payable to the Inhabitants therof within the Same, and that they not be oblidged who are very numerous to goe twentie myles to the head burgh of the Shyre at this Seasone to pay their pole as the petition bears, The Lords of his majesties privy Councill haveing Considered this petition given in to them by the Town of Glasgow anent their Lists of the pole money, And it haveing gone to the vote Whither the Taxmen of the pole should be ordained to receive and take up the books and lists of poleable persones which are presently Lying in the hands of the Clerks of his majesties thesaury or not, It was Caried in the affirmative, That they should be ordained to take them up, and appoints Sir Thomas Moncreiff Clerk to the Thesaury to make offer and delyver up the same instantly to the saids tacksmen, To the effect If they have any thing to represent theranent they may represent it to the Councill against their nixt Meetting.

Att Edinburgh the Seventeinth day of January Jaj vic Nyntie Nyne

D1699/1/71

Act

Act Anent the Lists of Poleable persons

Anent the petitione given in to the Lords of his majesties privy Councill by the Magistrats of the burgh of Glasgow for them Selves and in name and behalf of the Toune Councill and Community of the said burgh Shewing Wheras the petitioners haveing conforme to the act of parliament anent the Pole-money taken and made Lists and rolls of the poleable persones within the Said burgh and duely recorded the samen in the termes of the said act The petitioners did upon the Nynteinth of December Last Transmitt ane abstract of the saids Lists by the ordinary post established betwixt Edinburgh and Glasgow, and albeit the Taxmen of the post office be oblidged by a Speciall agreement with the petitioners to make due and punctuall returnes of all Letters betwixt this place and Glasgow in the space of two dayes, yet the forsaids Lists and rolls which were dispatched on the Nynteinth as said is, did not arryve here till the Twentie thrid day of December when they were Lodged in Sir Thomas Moncreiffs hands, and the petitioners haveing severall times applied to William Ferguson of Ferguslie Tacksmen of the pole to receive the saids Lists that the same might be marked and returned in due time, He absolutely refused on pretence that they were not reported betwixt and that time prefixt be the act of parliament which was the twentie Second of the said moneth of December And Seing the petitioners are not in the fault that the saids rolls were not reported against the day prefixt and that their was bot modua mori the same being renewed by Sir Thomas Moncreiff the very day therafter and that it was only the post masters fault and non of the petitioners as said is And Therfore Humbly Craveing the saids Lords would be pleased to ordaine the said William Cochran Tacksman yet to receive and mark the saids Lists and rolls which are lying in Sir Thomas Moncreifs hands Especially ther being no Certification against the Magistrats who doe not report against the preceise day, and Likewayes to Recomend to the Tacksman that he appoint his Collector or the Collector of Cess for the Shyre who is willing to attend at Glasgow to uplift the pole payable to the Inhabitants therof within the Same, and that they not be oblidged who are very numerous to goe twentie myles to the head burgh of the Shyre at this Seasone to pay their pole as the petition bears, The Lords of his majesties privy Councill haveing Considered this petition given in to them by the Town of Glasgow anent their Lists of the pole money, And it haveing gone to the vote Whither the Taxmen of the pole should be ordained to receive and take up the books and lists of poleable persones which are presently Lying in the hands of the Clerks of his majesties thesaury or not, It was Caried in the affirmative, That they should be ordained to take them up, and appoints Sir Thomas Moncreiff Clerk to the Thesaury to make offer and delyver up the same instantly to the saids tacksmen, To the effect If they have any thing to represent theranent they may represent it to the Councill against their nixt Meetting.

1. NRS, PC2/27, 179v-180v.

1. NRS, PC2/27, 179v-180v.

Act, 17 January 1699, Edinburgh

Posted on by

Att Edinburgh the Seventeinth day of January Jaj vic Nyntie Nyne

D1699/1/61

Act

Act Anent Captain Baillies papers

Anent a Petition given in to the Lords of privy Council by Captain Robert Baillie, Rachell Baillie relict of the deceast Mr George Hutchisone late Minister in Edinburgh and other of the freinds and relations of the deceast Captain James Baillie Merchant in Edinburgh Shewing That wher the said Captain Robert Baillie brother sone to the said Captain James Baillie was out of the kingdome the time of his decease and the said Captain James Baillie did deliver the keyes of his Cabinet in the time of his Sicknes to Mr James Kirktoune Minister in Edinburgh to be keeped by him untill such time as his nearest freinds and relations Should be mett togither before he Should give up the keyes, or the Cabinet Should be opened And alse by the application made to my Lord Chancelor by Some of the Said Captain James his nearest relations, His Lordship was pleased to Cause Seall the saids Cabinats Untill such time as his nearest relationes and these concerned Should be present at the opening therof And seing that the said Captain Robert Baillie is his heir appearend to his heretable estate, And that Mr Hutchinson his nearest of Kine, and will have right to the exercise unless he has disposed on the Same Otherwayes, and that the other freinds and relations Concurr for the opening of the Saids Cabinats and alse Mr James Kirktoune is Content to delyver up the keyes therof to any persone whom the saids Lords Should name And Therfore Humbly Craveing the saids Lords would be pleased in Consideratione of the premysses To grant warrand to the said Mr James Kirktoune to delyver the keyes of the said Cabinat to ther Lordships Clerk of Councill and to him to open the saids Cabinats in presence of the petitioners and to make Inventar of the wrytes therincontained, and to delyver to each of them what wrytes belonged to them or to any other person who hade right to any wrytes Lying in the saids Cabinets as the petition bears, The Lords of his Majesties privy Councill Haveing Considered this petition given in to them by the above Captain Robert Baillie and others above wryten, They hereby Grant warrand to and Ordaine the above Mr James Kirktoune to deliver up the keyes of the above Cabinet to Sir Gilbert Eliot Clerk of privy Councill and Grants power and Warrand to the said Sir Gilbert to oppen the above Cabinets in presence of the present Lord provest of Edinburgh and of the petitioners and to make Such Inventary of the wrytes therin Contained, and to delyver up to each of the petitioners the wrytes belonging to them, or to any other person who have right to any wrytes belonging to them, and that in presence of the said Lord provest of Edinburgh upon their respective recepts Each persone for his own wrytes, And Ordaines Letters of horning under the Signet of Councill for present delyverie of the saids keyes upon six hours warning, and others needfull to be direct hereupon in forme as effeirs

Att Edinburgh the Seventeinth day of January Jaj vic Nyntie Nyne

D1699/1/61

Act

Act Anent Captain Baillies papers

Anent a Petition given in to the Lords of privy Council by Captain Robert Baillie, Rachell Baillie relict of the deceast Mr George Hutchisone late Minister in Edinburgh and other of the freinds and relations of the deceast Captain James Baillie Merchant in Edinburgh Shewing That wher the said Captain Robert Baillie brother sone to the said Captain James Baillie was out of the kingdome the time of his decease and the said Captain James Baillie did deliver the keyes of his Cabinet in the time of his Sicknes to Mr James Kirktoune Minister in Edinburgh to be keeped by him untill such time as his nearest freinds and relations Should be mett togither before he Should give up the keyes, or the Cabinet Should be opened And alse by the application made to my Lord Chancelor by Some of the Said Captain James his nearest relations, His Lordship was pleased to Cause Seall the saids Cabinats Untill such time as his nearest relationes and these concerned Should be present at the opening therof And seing that the said Captain Robert Baillie is his heir appearend to his heretable estate, And that Mr Hutchinson his nearest of Kine, and will have right to the exercise unless he has disposed on the Same Otherwayes, and that the other freinds and relations Concurr for the opening of the Saids Cabinats and alse Mr James Kirktoune is Content to delyver up the keyes therof to any persone whom the saids Lords Should name And Therfore Humbly Craveing the saids Lords would be pleased in Consideratione of the premysses To grant warrand to the said Mr James Kirktoune to delyver the keyes of the said Cabinat to ther Lordships Clerk of Councill and to him to open the saids Cabinats in presence of the petitioners and to make Inventar of the wrytes therincontained, and to delyver to each of them what wrytes belonged to them or to any other person who hade right to any wrytes Lying in the saids Cabinets as the petition bears, The Lords of his Majesties privy Councill Haveing Considered this petition given in to them by the above Captain Robert Baillie and others above wryten, They hereby Grant warrand to and Ordaine the above Mr James Kirktoune to deliver up the keyes of the above Cabinet to Sir Gilbert Eliot Clerk of privy Councill and Grants power and Warrand to the said Sir Gilbert to oppen the above Cabinets in presence of the present Lord provest of Edinburgh and of the petitioners and to make Such Inventary of the wrytes therin Contained, and to delyver up to each of the petitioners the wrytes belonging to them, or to any other person who have right to any wrytes belonging to them, and that in presence of the said Lord provest of Edinburgh upon their respective recepts Each persone for his own wrytes, And Ordaines Letters of horning under the Signet of Councill for present delyverie of the saids keyes upon six hours warning, and others needfull to be direct hereupon in forme as effeirs

1. NRS, PC2/27, 178v-179v.

1. NRS, PC2/27, 178v-179v.

Sederunt, 17 January 1699, Edinburgh

Posted on by

Att Edinburgh the Seventeinth day of January Jaj vic Nyntie Nyne1

D1699/1/52

Sederunt

Lord Chancelour; Earl of Argyle; Earl of Marr; Earl of Lowdone; Earl of Leven; Earl of Annandale; Earl of Northesk; Lord Polwarth; Lord Carmichell; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Aberurchill; Laird of Grant; Laird of Pollock; Laird of Stivenson; Lord Provest of Edinburgh

Att Edinburgh the Seventeinth day of January Jaj vic Nyntie Nyne1

D1699/1/52

Sederunt

Lord Chancelour; Earl of Argyle; Earl of Marr; Earl of Lowdone; Earl of Leven; Earl of Annandale; Earl of Northesk; Lord Polwarth; Lord Carmichell; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Aberurchill; Laird of Grant; Laird of Pollock; Laird of Stivenson; Lord Provest of Edinburgh

1. NRS, PC2/27, 178v.

2. NRS, PC2/27, 178v.

1. NRS, PC2/27, 178v.

2. NRS, PC2/27, 178v.

Act, 12 January 1699, Edinburgh

Posted on by

Att Edinburgh The Twelth day of January Jaj vic nyntie nyne

D1699/1/41

Act

Act John White for Collecting Polemoney

Anent the petitione given in to the Lords of his majesties privy Councill be John Whyte Collector of the Cess and Supplie of the Shyre of Fyfe Shewing That wher the saids Lords by a publict proclamation appointed the Collector of Cess and Supply within the respective Shyres of this kingdome to Collect and ingather the polemoney Imposed by the Late act of parliament, and for that end ordained the Commissioners of Supply of the respective shyres to meett and Conveen at the ordinary place of meetting Betwixt and the first of January then nixt to come and ther to requyre the Collectors of Supply within the respective Shyres to undertake the Collecting of the polemoney for thie ensueing year And to find Caution for that effect with Certificatione in maner mentioned in the said proclamatione In obedience wherunto the saids Commissioners of Supply of the Shyre of Fyfe did appoint a meetting to be at Couper the last day of December Jaj vic nyntie Eight, at the ordinary time and place of meeting, upon which day the petitioner came to Couper to attend the Commissioners That he might undertake the forsaid Collectione and find Caution to them Conforme to the forsaid proclamation, Bot non of the saids Commissioners did keep the said meetting or Conveened at the forsaid time and place Except […] Mitchell of Murdocarny To whom the petitioner Declared his willingnes to Obey the forsaid proclamation by undertakeing to uplift the pole money payable in the shyre of Fyfe for the moneth of January and February nixt, and to find Caution for that effect in the termes of the said proclamatione Bot he declared that in Respect ther was not a quorum of the saids Commissioners present he could not take upon him to receive the petitioners Cautioners, And Remitted the petitioners to apply to the saids Lords wherupon the petitioner protested and took instruments in the hands of Mr John Malcome nottar publict as the Samen of the date the Threttie one of December Last therwith produced would testifie, And the petitioner is yet most willing to undertake the Collecting of the forsaid polemoney And to find Caution for that effect to any persone whom the saids Lords Should think fitt to appoint to receive the same, Bot In regaird the petitioners residence is at Kirkaldie, Wherby Constant Custome the Collectors of Supply of the Said Shyre are oblidged to receive and Collect the Cess and Supplie payable by the heritors of the said shyre as the samen shall be brought in by them Excepting two or three dayes on which the said Collectors are oblidged to attend and Collect the forsaid Supply at the tounes of St Androwes Couper and Drumfermling, And since It might very much prejudge and hinder the ingathering of the forsaid Supply for his majesties use, and would be exceeding inconvenient to the heritors Lyable in payment of the same, If the petitioner Should be oblidged to attend at Couper, and ther to receive and Collect the forsaid polemoney dureing the saids moneths of January and February as was expressly appointed by the forsaid proclamatione Ordaineing the polemoney to be Collected at the head burgh of each Shyre respective which is Couper in the Shyre of Fyfe And Therfore Humbly Craveing the saids Lords would appoint such persones as they should think fitt For reserveing the petitioners Cautioner for his Collecting and uplifting the forsaid pole money payable in the said Shyre and to dispense with the petitioners Collecting the Same at the Toune of Kirkaldie for the reasones abovementioned as the said petitione bears The Lords of his Majesties privy Councill Haveing Considered this petition given in to them be the above John Whyt They Doe hereby give order and warrant to any two or thrie of the Commissioners of Supply within the said Shyre of Fyfe to take and receive the petitioner and his Cautioners bond for Collecting and uplifting of the Polemoney within the said Shyre And Refuses to dispence with the petitioners Collecting of the Same at the toune of Kirkaldy, Bot ordains him to Collect the said money at the head burgh of the said shyre as is appointed by the act of parliament.

Att Edinburgh The Twelth day of January Jaj vic nyntie nyne

D1699/1/41

Act

Act John White for Collecting Polemoney

Anent the petitione given in to the Lords of his majesties privy Councill be John Whyte Collector of the Cess and Supplie of the Shyre of Fyfe Shewing That wher the saids Lords by a publict proclamation appointed the Collector of Cess and Supply within the respective Shyres of this kingdome to Collect and ingather the polemoney Imposed by the Late act of parliament, and for that end ordained the Commissioners of Supply of the respective shyres to meett and Conveen at the ordinary place of meetting Betwixt and the first of January then nixt to come and ther to requyre the Collectors of Supply within the respective Shyres to undertake the Collecting of the polemoney for thie ensueing year And to find Caution for that effect with Certificatione in maner mentioned in the said proclamatione In obedience wherunto the saids Commissioners of Supply of the Shyre of Fyfe did appoint a meetting to be at Couper the last day of December Jaj vic nyntie Eight, at the ordinary time and place of meeting, upon which day the petitioner came to Couper to attend the Commissioners That he might undertake the forsaid Collectione and find Caution to them Conforme to the forsaid proclamation, Bot non of the saids Commissioners did keep the said meetting or Conveened at the forsaid time and place Except […] Mitchell of Murdocarny To whom the petitioner Declared his willingnes to Obey the forsaid proclamation by undertakeing to uplift the pole money payable in the shyre of Fyfe for the moneth of January and February nixt, and to find Caution for that effect in the termes of the said proclamatione Bot he declared that in Respect ther was not a quorum of the saids Commissioners present he could not take upon him to receive the petitioners Cautioners, And Remitted the petitioners to apply to the saids Lords wherupon the petitioner protested and took instruments in the hands of Mr John Malcome nottar publict as the Samen of the date the Threttie one of December Last therwith produced would testifie, And the petitioner is yet most willing to undertake the Collecting of the forsaid polemoney And to find Caution for that effect to any persone whom the saids Lords Should think fitt to appoint to receive the same, Bot In regaird the petitioners residence is at Kirkaldie, Wherby Constant Custome the Collectors of Supply of the Said Shyre are oblidged to receive and Collect the Cess and Supplie payable by the heritors of the said shyre as the samen shall be brought in by them Excepting two or three dayes on which the said Collectors are oblidged to attend and Collect the forsaid Supply at the tounes of St Androwes Couper and Drumfermling, And since It might very much prejudge and hinder the ingathering of the forsaid Supply for his majesties use, and would be exceeding inconvenient to the heritors Lyable in payment of the same, If the petitioner Should be oblidged to attend at Couper, and ther to receive and Collect the forsaid polemoney dureing the saids moneths of January and February as was expressly appointed by the forsaid proclamatione Ordaineing the polemoney to be Collected at the head burgh of each Shyre respective which is Couper in the Shyre of Fyfe And Therfore Humbly Craveing the saids Lords would appoint such persones as they should think fitt For reserveing the petitioners Cautioner for his Collecting and uplifting the forsaid pole money payable in the said Shyre and to dispense with the petitioners Collecting the Same at the Toune of Kirkaldie for the reasones abovementioned as the said petitione bears The Lords of his Majesties privy Councill Haveing Considered this petition given in to them be the above John Whyt They Doe hereby give order and warrant to any two or thrie of the Commissioners of Supply within the said Shyre of Fyfe to take and receive the petitioner and his Cautioners bond for Collecting and uplifting of the Polemoney within the said Shyre And Refuses to dispence with the petitioners Collecting of the Same at the toune of Kirkaldy, Bot ordains him to Collect the said money at the head burgh of the said shyre as is appointed by the act of parliament.

1. NRS, PC2/27, 177v-178v.

1. NRS, PC2/27, 177v-178v.

Sederunt, 12 January 1699, Edinburgh

Posted on by

Att Edinburgh The Twelth day of January Jaj vic nyntie nyne1

D1699/1/32

Sederunt

Lord Chancelor; Earl of Argyle; Earl of Crafurd; Earl of Morton; Earl of Lauderdale; Earl of Lowdoune; Earl of Leven; Earl of Annandale; Earl of Northesk; Lord Strathnaver; Lord Pollwarth; Lord Carmicheall; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Aberurchill; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Lord Rankeillor; Lord Phesdo; Laird of Grant; Laird of Pollock; Lord Provost of Edinburgh

Att Edinburgh The Twelth day of January Jaj vic nyntie nyne1

D1699/1/32

Sederunt

Lord Chancelor; Earl of Argyle; Earl of Crafurd; Earl of Morton; Earl of Lauderdale; Earl of Lowdoune; Earl of Leven; Earl of Annandale; Earl of Northesk; Lord Strathnaver; Lord Pollwarth; Lord Carmicheall; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Aberurchill; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Lord Rankeillor; Lord Phesdo; Laird of Grant; Laird of Pollock; Lord Provost of Edinburgh

1. NRS, PC2/27, 177v.

2. NRS, PC2/27, 177v.

1. NRS, PC2/27, 177v.

2. NRS, PC2/27, 177v.

Act, 5 January 1699, Edinburgh

Posted on by

Att Edinburgh The Fifth day of January Jaj vic Nyntie Nyne years

D1699/1/21

Act

Act In the suspensione Gordons Against Grant and Wiseman

Anent The bill of suspensione given in and presented to the Lords of his majesties privy Councill be George and John Gordone, Lawfull Sones to George Gordone of Rothemay and William Logie eldest Lawfull Sone to John Logie of Boddom, and the saids George Gordon of Rothemay and John Logie of Boddom for their interest Shewing That wher in ane Court holden by the Commissioners of Justiciary for the Northern districk within the Tolbooth of Elgine upon the Twentie Second day of November Last by past, The saids George and John Gordons sones to Rothemay and William Logie sone to the said John Logie were denounced decerned and declaired fugitives and outlawes by his Majesties Lawes and acts of parliament, and to have no benefit therof in all time therafter and their moveable goods and geir to be Escheet and inbrought to James Wiseman their procurator phiscall and Collector of […] for the use of the saids Commissioners For their not Compearing personally before the saids Commissioners upon the said day to answer to the points of ane Lybell and Complaint raised and execute against them to the Saids Commissioners at the instance of John Grant of Ballindalloch and Alexander Grant of Kirkdaills his brother german and nearest of kine to Patrick Grant […] with Concourse of James Wiseman procurator Fiscall to the saids Commissioners Wherby […] and lybell against the petitioners That upon the Twentie fifth of October Last by past or ane or other of the dayes of the said moneth The saids George and John Gordons and William Logie […] Did Fraudulently and upon ane evill Designe intice and draw away Patrick2 Grant from his dwalling house at the kirktoune of Byne and haveing brought him […] of Insh wher they alleadge the petitioners and their Complices waited for the said Patrick Grant […] being armed with pistolls Guns and Swords etc Did most murderously fall upon the said Patrick Grant and beat and Wound him in the head and draw him throw the house and Closs […] of Insh and that the petitioners should have fired and shott severall pistolls at the said Patrick Grant […] received seaverall shotts and Wounds in the body and particularly ane most mortall Wound by a Shott in the head from a pistoll Loaded with Haill, Sluggs and Culted Lead Which break his Jaw-bone As the Samen is more fully Narrated in the Complaint given in against the petitioners and narrated in the forsaid Decreet as also upon the twentie thrid day of the said moneth of November Last the said John Logie of Boddom was fyned, and amerciat by the saids Commissioners in the Soume of Two Hundred merks Scots money to be payed to their said procurator Fiscall for his not presenting the said William Logie his sone and John Patersone his Servant to Justice, as ane Extract of the forsaid decreet under the hand of the Clerk of Court therwith produced would testifie, Against which decreet and Sentance the petitioners Ought to be reponed and the Samen Suspended and the petitioners relaxed for the reasones and Causes following Primo the saids Commissioners by the said decreet Comitted manifast iniquity, In so farr as that the petitioners haveing Compeared before the saids Commissioners of Justiciary by Mr Alexander Lesslie and Patrick Murisone their procurators, and Craved that the saids Commissioners would allow them to debate and give in in wryt severall reasones and grounds of Law why the petitioners were not oblidged or could Compear to answer before them, Which the Saids Commissioners altogither refused to admitt or accept off, or to hear any defences given in for the petitioners unless they were personally present, as by their interloquitor in the said decreet marked on the margine with the figure (thrid) therwith produced would testifie Secundo the saids procurators being debarred from proponeing their Lawfull defences betook themselves to the nixt remeedy by drawing them up in wryt and gave them in to the Clerk of Court And wherupon took instruments which are as followes Viz primo that they were not cited upon a Competent number of dayes as appeared by the executione Secundo that the petitioners were neither Cited personally nor at their dwalling places or marcat Cross of the Shyre wher they Lived as wes Observall and necessary in all Criminall Citationes Which the execution did Likways instruct Tertio that the Copies alleadged to be given the petitioners did neither bear the witnesses names nor designations Quarto they offered positively to Improve3 the executiones alledged to have been given against the petitioners Quinto they could not appear before the saids Justiciars without the eminent danger of ther Lives not haveing tutus accessus to the said Court for the Saids John and Alexander Grants haveing formerly threatened to murder the petitioners and they haveing at the time convocat, and brought with them to the toune of Elgine two hundred men at least, and most of them being nottorious rebells and Slight men Who have never Imbraced the benefit of his majesties indemnity and haveing placed them at severall posts near the toune Court house to have Shot and murdered the petitioners if they should have Compeared at the said Court the petitioners were necessitate to Lurk in the toune for Some tyme, and therafter to retire out at a back gate for fear of being murdered and assacinated by the said proffligat rebells and Ruffians Sexto That the matter Complained of beign only a Scuffle wherupon neither death nor Mittulation hade followed The Samen did no wayes fall under the Compass of their Commission Especially Seing the Samen was res hacteng Judicata by the Shiriff of Aberdeen within whose bounds the Scuffle hapned all which defences being Competent against the executiones and Impeditive processes were Nevertheless rejected by the saids Commissioners in a most arbitrary maner and Contrair to all Law and inviolable forme of process as Instruments taken therupon under the hand of the Clerk of Court therwith produced would testifie Tertio Patrick Grant alleadged injured was not at all Compearing or Complaineing Neither was their any warrand from him produced Impowering either his brother or the procurator Fiscall or any other persone insist in any Such Complaint, And albeit brothers and relations may persew and insist for the death and Slaughter of their freinds, yet for privat injuries Such as blood and Battery alleadged given to any persone as of threttie years of age and upwards was never allowed to be insisted in at the instance of any freind or relatione without a Speciall mandat and Commission from the persone himself who is alleadged to receive Such injuries and it was pars judicis for these Commissioners to have noticed Such Nullities in Lybells before them, and the sustaining therof at the instance of the Saids pursuers for the injurie alledged to have been done and Committed upon the person of the said Patrick Grant their brother was altogither Illegall unjust and without warrand, Likeas the Lybell and Complaint was and is in it self absolutely false and groundless in every point, And was evident by this That albeit it was their Lybelled against the petitioners that the said Patrick Grant was either actually dead, or in adyeing Conditione past all hopes of recovery, yet the said Patrick Grant is at this present hour in perfect health as ane testificat therof under the hand of Patrick Cushney his Chirurgeon and of knowen fame and reputation therwith produced would testifie Quarto as the said Patrick Grant was not at all Compleaner in the said proces So neither could he have the Confidence to insist in any Complaint or proces upon the grounds therin contained, It being clear and undenyable that he himself was author and only person who began that pretended Scuffle, He himself being the only agresser and haveing pulled William Logie younger of Boddem to the ground and tread upon him with his feet, and when he was so beatt and no able to rise, Bot lying upon his back, So Cruell and barbarouse was the said Patrick Grant, That he drew and Cockt a pistoll of designe to have Shott him dead, when he was Lying upon the ground as said is, and which undoubtedly he would have effectuated if by Providence John Patersone, hade not diverted him by fyreing a pistoll with Some Small graith at his face, and therby diverting him from his Cruell intended murder against the said William Logie, Quinto for verifieing that the forsaid decreet and sentance proceeds without any Citatione against the petitioners either personally or at their dwalling places, or at the head burgh of the Shyre wher the petitioners Lives the extract of the said decreet therwith produced and opponed at the figure (1) on the Margine, and for verifieing that the said pretended ryot or Battarie was res Judicata prior to the attatchment of the saids Interloquitor4 ane extract of the decreet pronounced by the Shirreff of Aberdeen theranene dated the Eightein day of november Last Likewayes therwith produced would testifie, And therfore the forsaid decreet and sentance ought to be Suspended and the petitioner relaxed and Nevertheless the petitioners were Content to find Cautione Incase etc And Therfore Humbly Craveing the saids Lords would Grant warrand for Letters to Sumond the Said John and Master Alexander Grants pretended persewars and the said procurator Fiscall for his intrest etc To have Compeared before the saids Lords at ane Certain day Bringing with them the forsaid present Decreet etc And to have heard and Seen the Samen Suspended and the petitioners relaxed etc as in the said bill of suspensione at more Length is Contained Which bill of suspension at the instance of the said John and George Gordons and others against Grants and Wiseman Chargers and answers made therto5 Being this day read in presence of the saids Lords of his majesties privy Councill They Have Refused and hereby Refusses to pass the said bill of suspension And Ordaines George Gordon eldest Lawfull sone to John Gordon of Rothemay to be instantly taken into custody by the Macers of privy Councill untill he give bond and find sufficient Caution acted in the books of privy Councill, That he shall answer as Law will to the Commissioners of Justiciary within the northern district at their first meetting at the toune of Elgtine in the moneth of march nixt, and therafter at such other dyets as shall be appointed by the saids Commissioners from time to time to which he shall be requyred to attend by the Citatione personally or at his fathers dwalling house, and answer to the Crimes Contained in the decreet Charged on, or which shall be otherwayes Laid to his charge theranent under the penaltie of Two Thousand merks Scots incase he shall transgress in any part of the premisses and incase he do not instantly find Caution Ordaines him to be Committed prisoner within the Tolbooth of Edinburgh therin to remaine dureing the Councills pleasure.

Att Edinburgh The Fifth day of January Jaj vic Nyntie Nyne years

D1699/1/21

Act

Act In the suspensione Gordons Against Grant and Wiseman

Anent The bill of suspensione given in and presented to the Lords of his majesties privy Councill be George and John Gordone, Lawfull Sones to George Gordone of Rothemay and William Logie eldest Lawfull Sone to John Logie of Boddom, and the saids George Gordon of Rothemay and John Logie of Boddom for their interest Shewing That wher in ane Court holden by the Commissioners of Justiciary for the Northern districk within the Tolbooth of Elgine upon the Twentie Second day of November Last by past, The saids George and John Gordons sones to Rothemay and William Logie sone to the said John Logie were denounced decerned and declaired fugitives and outlawes by his Majesties Lawes and acts of parliament, and to have no benefit therof in all time therafter and their moveable goods and geir to be Escheet and inbrought to James Wiseman their procurator phiscall and Collector of […] for the use of the saids Commissioners For their not Compearing personally before the saids Commissioners upon the said day to answer to the points of ane Lybell and Complaint raised and execute against them to the Saids Commissioners at the instance of John Grant of Ballindalloch and Alexander Grant of Kirkdaills his brother german and nearest of kine to Patrick Grant […] with Concourse of James Wiseman procurator Fiscall to the saids Commissioners Wherby […] and lybell against the petitioners That upon the Twentie fifth of October Last by past or ane or other of the dayes of the said moneth The saids George and John Gordons and William Logie […] Did Fraudulently and upon ane evill Designe intice and draw away Patrick2 Grant from his dwalling house at the kirktoune of Byne and haveing brought him […] of Insh wher they alleadge the petitioners and their Complices waited for the said Patrick Grant […] being armed with pistolls Guns and Swords etc Did most murderously fall upon the said Patrick Grant and beat and Wound him in the head and draw him throw the house and Closs […] of Insh and that the petitioners should have fired and shott severall pistolls at the said Patrick Grant […] received seaverall shotts and Wounds in the body and particularly ane most mortall Wound by a Shott in the head from a pistoll Loaded with Haill, Sluggs and Culted Lead Which break his Jaw-bone As the Samen is more fully Narrated in the Complaint given in against the petitioners and narrated in the forsaid Decreet as also upon the twentie thrid day of the said moneth of November Last the said John Logie of Boddom was fyned, and amerciat by the saids Commissioners in the Soume of Two Hundred merks Scots money to be payed to their said procurator Fiscall for his not presenting the said William Logie his sone and John Patersone his Servant to Justice, as ane Extract of the forsaid decreet under the hand of the Clerk of Court therwith produced would testifie, Against which decreet and Sentance the petitioners Ought to be reponed and the Samen Suspended and the petitioners relaxed for the reasones and Causes following Primo the saids Commissioners by the said decreet Comitted manifast iniquity, In so farr as that the petitioners haveing Compeared before the saids Commissioners of Justiciary by Mr Alexander Lesslie and Patrick Murisone their procurators, and Craved that the saids Commissioners would allow them to debate and give in in wryt severall reasones and grounds of Law why the petitioners were not oblidged or could Compear to answer before them, Which the Saids Commissioners altogither refused to admitt or accept off, or to hear any defences given in for the petitioners unless they were personally present, as by their interloquitor in the said decreet marked on the margine with the figure (thrid) therwith produced would testifie Secundo the saids procurators being debarred from proponeing their Lawfull defences betook themselves to the nixt remeedy by drawing them up in wryt and gave them in to the Clerk of Court And wherupon took instruments which are as followes Viz primo that they were not cited upon a Competent number of dayes as appeared by the executione Secundo that the petitioners were neither Cited personally nor at their dwalling places or marcat Cross of the Shyre wher they Lived as wes Observall and necessary in all Criminall Citationes Which the execution did Likways instruct Tertio that the Copies alleadged to be given the petitioners did neither bear the witnesses names nor designations Quarto they offered positively to Improve3 the executiones alledged to have been given against the petitioners Quinto they could not appear before the saids Justiciars without the eminent danger of ther Lives not haveing tutus accessus to the said Court for the Saids John and Alexander Grants haveing formerly threatened to murder the petitioners and they haveing at the time convocat, and brought with them to the toune of Elgine two hundred men at least, and most of them being nottorious rebells and Slight men Who have never Imbraced the benefit of his majesties indemnity and haveing placed them at severall posts near the toune Court house to have Shot and murdered the petitioners if they should have Compeared at the said Court the petitioners were necessitate to Lurk in the toune for Some tyme, and therafter to retire out at a back gate for fear of being murdered and assacinated by the said proffligat rebells and Ruffians Sexto That the matter Complained of beign only a Scuffle wherupon neither death nor Mittulation hade followed The Samen did no wayes fall under the Compass of their Commission Especially Seing the Samen was res hacteng Judicata by the Shiriff of Aberdeen within whose bounds the Scuffle hapned all which defences being Competent against the executiones and Impeditive processes were Nevertheless rejected by the saids Commissioners in a most arbitrary maner and Contrair to all Law and inviolable forme of process as Instruments taken therupon under the hand of the Clerk of Court therwith produced would testifie Tertio Patrick Grant alleadged injured was not at all Compearing or Complaineing Neither was their any warrand from him produced Impowering either his brother or the procurator Fiscall or any other persone insist in any Such Complaint, And albeit brothers and relations may persew and insist for the death and Slaughter of their freinds, yet for privat injuries Such as blood and Battery alleadged given to any persone as of threttie years of age and upwards was never allowed to be insisted in at the instance of any freind or relatione without a Speciall mandat and Commission from the persone himself who is alleadged to receive Such injuries and it was pars judicis for these Commissioners to have noticed Such Nullities in Lybells before them, and the sustaining therof at the instance of the Saids pursuers for the injurie alledged to have been done and Committed upon the person of the said Patrick Grant their brother was altogither Illegall unjust and without warrand, Likeas the Lybell and Complaint was and is in it self absolutely false and groundless in every point, And was evident by this That albeit it was their Lybelled against the petitioners that the said Patrick Grant was either actually dead, or in adyeing Conditione past all hopes of recovery, yet the said Patrick Grant is at this present hour in perfect health as ane testificat therof under the hand of Patrick Cushney his Chirurgeon and of knowen fame and reputation therwith produced would testifie Quarto as the said Patrick Grant was not at all Compleaner in the said proces So neither could he have the Confidence to insist in any Complaint or proces upon the grounds therin contained, It being clear and undenyable that he himself was author and only person who began that pretended Scuffle, He himself being the only agresser and haveing pulled William Logie younger of Boddem to the ground and tread upon him with his feet, and when he was so beatt and no able to rise, Bot lying upon his back, So Cruell and barbarouse was the said Patrick Grant, That he drew and Cockt a pistoll of designe to have Shott him dead, when he was Lying upon the ground as said is, and which undoubtedly he would have effectuated if by Providence John Patersone, hade not diverted him by fyreing a pistoll with Some Small graith at his face, and therby diverting him from his Cruell intended murder against the said William Logie, Quinto for verifieing that the forsaid decreet and sentance proceeds without any Citatione against the petitioners either personally or at their dwalling places, or at the head burgh of the Shyre wher the petitioners Lives the extract of the said decreet therwith produced and opponed at the figure (1) on the Margine, and for verifieing that the said pretended ryot or Battarie was res Judicata prior to the attatchment of the saids Interloquitor4 ane extract of the decreet pronounced by the Shirreff of Aberdeen theranene dated the Eightein day of november Last Likewayes therwith produced would testifie, And therfore the forsaid decreet and sentance ought to be Suspended and the petitioner relaxed and Nevertheless the petitioners were Content to find Cautione Incase etc And Therfore Humbly Craveing the saids Lords would Grant warrand for Letters to Sumond the Said John and Master Alexander Grants pretended persewars and the said procurator Fiscall for his intrest etc To have Compeared before the saids Lords at ane Certain day Bringing with them the forsaid present Decreet etc And to have heard and Seen the Samen Suspended and the petitioners relaxed etc as in the said bill of suspensione at more Length is Contained Which bill of suspension at the instance of the said John and George Gordons and others against Grants and Wiseman Chargers and answers made therto5 Being this day read in presence of the saids Lords of his majesties privy Councill They Have Refused and hereby Refusses to pass the said bill of suspension And Ordaines George Gordon eldest Lawfull sone to John Gordon of Rothemay to be instantly taken into custody by the Macers of privy Councill untill he give bond and find sufficient Caution acted in the books of privy Councill, That he shall answer as Law will to the Commissioners of Justiciary within the northern district at their first meetting at the toune of Elgtine in the moneth of march nixt, and therafter at such other dyets as shall be appointed by the saids Commissioners from time to time to which he shall be requyred to attend by the Citatione personally or at his fathers dwalling house, and answer to the Crimes Contained in the decreet Charged on, or which shall be otherwayes Laid to his charge theranent under the penaltie of Two Thousand merks Scots incase he shall transgress in any part of the premisses and incase he do not instantly find Caution Ordaines him to be Committed prisoner within the Tolbooth of Edinburgh therin to remaine dureing the Councills pleasure.

1. NRS, PC2/27, 174r-177r.

2. Insertion. The word ‘Alexander’ scored out here.

3. The prefix ‘Im’ is an insertion.

4. This word is only partially legible, having been written over another word.

5. The words ‘and answers made therto’ are an insertion.

1. NRS, PC2/27, 174r-177r.

2. Insertion. The word ‘Alexander’ scored out here.

3. The prefix ‘Im’ is an insertion.

4. This word is only partially legible, having been written over another word.

5. The words ‘and answers made therto’ are an insertion.

Sederunt, 5 January 1699, Edinburgh

Posted on by

Att Edinburgh The Fifth day of January Jaj vic Nyntie Nyne years1

D1699/1/12

Sederunt

3 Lord Chancelor; Earl of Melvill; Earl of Eroll; Earl of Marr; Earl of Mortoune; Earl of Eglingtoune; Earl of Lauderdale; Earl of Lowthian; Earl of Lowdone; Earl of Finlator; Earl of Leven; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Strathnaver; Lord Carmichaell; Lord Forbes; Lord President of Session; Lord Advocat; Lord Thesaurer Depute; Lord Justice Clerk; Lord Philiphaugh; Lord Crossrig; Lord Rankeillor; Lord Phesdoe; Mr Fra: Montgomrie; Laird of Grant; Laird of Stevenson

Att Edinburgh The Fifth day of January Jaj vic Nyntie Nyne years1

D1699/1/12

Sederunt

3 Lord Chancelor; Earl of Melvill; Earl of Eroll; Earl of Marr; Earl of Mortoune; Earl of Eglingtoune; Earl of Lauderdale; Earl of Lowthian; Earl of Lowdone; Earl of Finlator; Earl of Leven; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Strathnaver; Lord Carmichaell; Lord Forbes; Lord President of Session; Lord Advocat; Lord Thesaurer Depute; Lord Justice Clerk; Lord Philiphaugh; Lord Crossrig; Lord Rankeillor; Lord Phesdoe; Mr Fra: Montgomrie; Laird of Grant; Laird of Stevenson

1. NRS, PC2/27, 174r.

2. NRS, PC2/27, 174r.

3. The words ‘Her Majesties Commissioner’ scored out here.

1. NRS, PC2/27, 174r.

2. NRS, PC2/27, 174r.

3. The words ‘Her Majesties Commissioner’ scored out here.

Decreet, 25 January 1698, Edinburgh

Posted on by

Att Edinburgh the twentie fifth day of Janwary Jaj vic nyntie eight yeirs

D1698/1/221

Decreet

Certification Lias Against Brux

Anent the lybell or Letters of complaint raised and persewed befor The Lords of his majesties privie Cownsell at the instance of John Lias in Cwshlachie with concurse of Sir James Stewart his majesties Advocat for his highnes interest in the mater wnderwritten Makeing Mentione That wher by the comowne Law The Lawes of this and all other well governed nationes the violent dispossessing of any of our Leidges without any grownd or Shaddow of Law and the binding and tying of ther hands and tortering and tormenting of them while bownd in Vault and dwngeons to the hazard of ther Lives and keeping them therin untill they condescend by force to renunce ther interests in the oppressiones favoures and the extorting of bonds and other obligationes from the persons so oppressed Be all Crimes of a high nature (Especiallie wher the same is done by ministers and preachers of the Gospell) and ought to be severly pwnished Nevertheles It is of veritie That the said John Lias Complainer haveing had in tack from The Laird of Brux ane piece of grownd called Cwshlachie and being injured by Mr Robert Irving minister of Towie in his tack Because he was prospering in the same was still threatening to cause Brux dispossess the said Complainer of his tack designing to affright and terrifie him therby apprehending to obleidge the said Complainer to pass from his tack in his favoures But the said Complainer Still continweing in his tack and wnwilling to pass from the Same to the said Mr Robert Irvine did upon the […] day of febrwary Jaj vic nyntie thrie or ane or other of the dayes or other of the moneths of the said yeir called for a Sight of the said Complainers assedatione and he owt of his Simplicitie Gave the said Mr Robert Irvine his assedatione in his hands not thinking that a persone of his character and office would be gwiltie of any base or wnjust thing to one of his parochiners yet the said Mr Robert Irvine nor regairding his own duetie and qwalitie did teare the Same in peices and then threatned violentlie to throw the said Complainer owt of his possessione And accordingly upon the eight day of May Jaj vic nyntie thrie yeirs or ane or other of the dayes of the said moneth Caused men divide the said Complainers Land appointing one half for himself and violently at his own hand entered to the possessione of the said Complainers Lands by grassing of his Cattell all that Summer upon his grass and did most wnjustly and wnchristeanly pull downe two of the said Complainers houses on the twentie Second day of Jwllie the said yeir And not being yet Satisfied with what wnjustice and illegall methods he had taken in dispossessing of the said Complainer to his wtter rwine did upon the twentie fifth day of March Jaj vic nyntie four yeirs Come with Roderick Forbess younger of Brwx being instigat by the said Mr Robert Irvine while the said Complainer was Sowing his Land the said Mr Robert Irvine laying aside all fear of God and regaird for his own office and charge did with the said Roderick Forbes apprehend the said Complainer while Sowing as said is and tying his hands behind his back brought him off the grownd so tyed and bownd and caryed him prisoner Like a malefactor to the said Mr Robert Irvine his house and ther detaned him dureing which tyme they being about drawing the papers that they were force the said Complainer wnjustly to Subsribe he did endeavoure to Shake his hands Lowse of ther bonds But the said Mr Robert Irvine Came and ordered the Cords that tyed the said Complainers hands to be more severly drawen which accordingly was done And the said Complainer detained in that conditione till he was almost dead and therby forced to Subscribe a renunceatione of his said tack and also a dispositione to the seed he had sowen All which the said Complainer was obleidged to doe otheruise he had bein Stiffled in the cords with which he was tyed By all which It may evidentlie appear to the Lords of our privie Cowncell that the said Mr Robert Irvine is gwiltie of the crymes foirsaids And therfore ought and Should be decerned to pay the Soume of […] for the damnadges and also ought to be deprived of his office In respect he is not qwalified according to Law And yet continwes to preach And he and the Said Roderick Forbess ought and Should be otherwise pwnished in ther persones and goods to the terror of others to Committ the lyke in any tyme comeing And anent the charge given to the saids defenders to have Compeared personallie befor the Saids Lords of his majesties privie Cownsell at ane certaine day now bypast wnder the paine of rebellione etc As in the principall Lybell or Letters of Complaint with the executiones therof at more Lenth is Contained Which lybell or Letters of complaint being this day called in presence of the Saids Lords of his majesties privie Cownsell And the persewer Compearing personallie with Mr David Dalrimple his Advocat And the defenders being Laufullie cited oft tymes called and not Compeareing The Saids Lords doe heirby Grant Certificatione against the saids defenders in respect of ther absence and not Compearance And ordaines Letters of certificatione to be direct heiron Commanding messengers at armes to pass to the mercat cross of […] And other places neidfull and ther in his majesties name and authoritie duely Laufullie and orderly denunce the saids Mr Robert Irvine and Roderick Forbes his majesties rebells and pwtt them to his highnes horne And to ordaine all ther moveable goods and geir to be escheat and inbrought to his majesties wse for ther contempt and disobedience.

Att Edinburgh the twentie fifth day of Janwary Jaj vic nyntie eight yeirs

D1698/1/221

Decreet

Certification Lias Against Brux

Anent the lybell or Letters of complaint raised and persewed befor The Lords of his majesties privie Cownsell at the instance of John Lias in Cwshlachie with concurse of Sir James Stewart his majesties Advocat for his highnes interest in the mater wnderwritten Makeing Mentione That wher by the comowne Law The Lawes of this and all other well governed nationes the violent dispossessing of any of our Leidges without any grownd or Shaddow of Law and the binding and tying of ther hands and tortering and tormenting of them while bownd in Vault and dwngeons to the hazard of ther Lives and keeping them therin untill they condescend by force to renunce ther interests in the oppressiones favoures and the extorting of bonds and other obligationes from the persons so oppressed Be all Crimes of a high nature (Especiallie wher the same is done by ministers and preachers of the Gospell) and ought to be severly pwnished Nevertheles It is of veritie That the said John Lias Complainer haveing had in tack from The Laird of Brux ane piece of grownd called Cwshlachie and being injured by Mr Robert Irving minister of Towie in his tack Because he was prospering in the same was still threatening to cause Brux dispossess the said Complainer of his tack designing to affright and terrifie him therby apprehending to obleidge the said Complainer to pass from his tack in his favoures But the said Complainer Still continweing in his tack and wnwilling to pass from the Same to the said Mr Robert Irvine did upon the […] day of febrwary Jaj vic nyntie thrie or ane or other of the dayes or other of the moneths of the said yeir called for a Sight of the said Complainers assedatione and he owt of his Simplicitie Gave the said Mr Robert Irvine his assedatione in his hands not thinking that a persone of his character and office would be gwiltie of any base or wnjust thing to one of his parochiners yet the said Mr Robert Irvine nor regairding his own duetie and qwalitie did teare the Same in peices and then threatned violentlie to throw the said Complainer owt of his possessione And accordingly upon the eight day of May Jaj vic nyntie thrie yeirs or ane or other of the dayes of the said moneth Caused men divide the said Complainers Land appointing one half for himself and violently at his own hand entered to the possessione of the said Complainers Lands by grassing of his Cattell all that Summer upon his grass and did most wnjustly and wnchristeanly pull downe two of the said Complainers houses on the twentie Second day of Jwllie the said yeir And not being yet Satisfied with what wnjustice and illegall methods he had taken in dispossessing of the said Complainer to his wtter rwine did upon the twentie fifth day of March Jaj vic nyntie four yeirs Come with Roderick Forbess younger of Brwx being instigat by the said Mr Robert Irvine while the said Complainer was Sowing his Land the said Mr Robert Irvine laying aside all fear of God and regaird for his own office and charge did with the said Roderick Forbes apprehend the said Complainer while Sowing as said is and tying his hands behind his back brought him off the grownd so tyed and bownd and caryed him prisoner Like a malefactor to the said Mr Robert Irvine his house and ther detaned him dureing which tyme they being about drawing the papers that they were force the said Complainer wnjustly to Subsribe he did endeavoure to Shake his hands Lowse of ther bonds But the said Mr Robert Irvine Came and ordered the Cords that tyed the said Complainers hands to be more severly drawen which accordingly was done And the said Complainer detained in that conditione till he was almost dead and therby forced to Subscribe a renunceatione of his said tack and also a dispositione to the seed he had sowen All which the said Complainer was obleidged to doe otheruise he had bein Stiffled in the cords with which he was tyed By all which It may evidentlie appear to the Lords of our privie Cowncell that the said Mr Robert Irvine is gwiltie of the crymes foirsaids And therfore ought and Should be decerned to pay the Soume of […] for the damnadges and also ought to be deprived of his office In respect he is not qwalified according to Law And yet continwes to preach And he and the Said Roderick Forbess ought and Should be otherwise pwnished in ther persones and goods to the terror of others to Committ the lyke in any tyme comeing And anent the charge given to the saids defenders to have Compeared personallie befor the Saids Lords of his majesties privie Cownsell at ane certaine day now bypast wnder the paine of rebellione etc As in the principall Lybell or Letters of Complaint with the executiones therof at more Lenth is Contained Which lybell or Letters of complaint being this day called in presence of the Saids Lords of his majesties privie Cownsell And the persewer Compearing personallie with Mr David Dalrimple his Advocat And the defenders being Laufullie cited oft tymes called and not Compeareing The Saids Lords doe heirby Grant Certificatione against the saids defenders in respect of ther absence and not Compearance And ordaines Letters of certificatione to be direct heiron Commanding messengers at armes to pass to the mercat cross of […] And other places neidfull and ther in his majesties name and authoritie duely Laufullie and orderly denunce the saids Mr Robert Irvine and Roderick Forbes his majesties rebells and pwtt them to his highnes horne And to ordaine all ther moveable goods and geir to be escheat and inbrought to his majesties wse for ther contempt and disobedience.

1. NRS, PC2/27, 79v-81v.

1. NRS, PC2/27, 79v-81v.

Order, 25 January 1698, Edinburgh

Posted on by

Att Edinburgh the twentie fifth day of Janwary Jaj vic nyntie eight yeirs

D1698/1/211

Order

Anent Major Burnet and dragownes of his troupe and the Captains and other officers of Lord Forbess Dragownes And anent Lord Forbes and his regiment and officers therof

The Cowncell ordaines Major Burnet in The Lord Forbess his Late regiment of Dragownes to exhibite and prodwce his accompt books kept betuixt him and his company of Dragownes befor the Comitie who are appointed to discuss the differences betuixt him and his dragownes In caice he have any Swch compt bookes and if he have non Swch or if he faill to prodwce them Then the Cowncell alloues the dragownes to prove the debts by ther own oathes and alloues the Comitie to advise these oathes and before pronunceing decreit to make ther report to the Cowncell and remits to The Comitie alreadie named anent Lord Forbess dragownes to consider (2the ane of two of the saids dragownes whom Major Burnet alleadges to have bein desertors With pouer to the Comitie to give protectione or passes to these two dragownes In caice they think fitt that they be not furder troubled or called in qwestione as desertors befor a Cowrt martiall or any other coutr whatsoever and to discuss them Summarlie as accords And remits to the Same Comitie to take the oathes of the Captaine and other officers of the dragownes of the said regiment anent the dragownes who have rwn away with ther horses And upon the number of horses they have rwn away with Conforme to the officers petitione And warrand theron of the twentie of Janwary instant And recomends to the foirsaid Comitie to consider what The Lord Forbess hes advanced to the said regiment of Dragownes upon a remit by The Cownsell to The Lords Commissioners of his majesties Thesaurie more then ther pay and to examine and adjust all accompts betuixt The said Lord Forbess and his said regiment and the officers therof And recomends to the said Committie to meet tomorrow at ten in the foirnoon and to make ther report to The Cowncell with ther first convenience And have added and heirby adds The Lords Ruthven to the foirsaid Countrie and continwes ther qworum as formerly

Att Edinburgh the twentie fifth day of Janwary Jaj vic nyntie eight yeirs

D1698/1/211

Order

Anent Major Burnet and dragownes of his troupe and the Captains and other officers of Lord Forbess Dragownes And anent Lord Forbes and his regiment and officers therof

The Cowncell ordaines Major Burnet in The Lord Forbess his Late regiment of Dragownes to exhibite and prodwce his accompt books kept betuixt him and his company of Dragownes befor the Comitie who are appointed to discuss the differences betuixt him and his dragownes In caice he have any Swch compt bookes and if he have non Swch or if he faill to prodwce them Then the Cowncell alloues the dragownes to prove the debts by ther own oathes and alloues the Comitie to advise these oathes and before pronunceing decreit to make ther report to the Cowncell and remits to The Comitie alreadie named anent Lord Forbess dragownes to consider (2the ane of two of the saids dragownes whom Major Burnet alleadges to have bein desertors With pouer to the Comitie to give protectione or passes to these two dragownes In caice they think fitt that they be not furder troubled or called in qwestione as desertors befor a Cowrt martiall or any other coutr whatsoever and to discuss them Summarlie as accords And remits to the Same Comitie to take the oathes of the Captaine and other officers of the dragownes of the said regiment anent the dragownes who have rwn away with ther horses And upon the number of horses they have rwn away with Conforme to the officers petitione And warrand theron of the twentie of Janwary instant And recomends to the foirsaid Comitie to consider what The Lord Forbess hes advanced to the said regiment of Dragownes upon a remit by The Cownsell to The Lords Commissioners of his majesties Thesaurie more then ther pay and to examine and adjust all accompts betuixt The said Lord Forbess and his said regiment and the officers therof And recomends to the said Committie to meet tomorrow at ten in the foirnoon and to make ther report to The Cowncell with ther first convenience And have added and heirby adds The Lords Ruthven to the foirsaid Countrie and continwes ther qworum as formerly

1. NRS, PC2/27, 79v-80r.

2. Closing bracket missing.

1. NRS, PC2/27, 79v-80r.

2. Closing bracket missing.

Warrant, 25 January 1698, Edinburgh

Posted on by

Att Edinburgh the twentie fifth day of Janwary Jaj vic nyntie eight yeirs

D1698/1/201

Warrant

Warrand for takeing Collonell Dowglasses Serjents oathes

Petitione the Serjeants of Collonell Douglasses regiment read And the Cownsell haveing considered the Same with the accompt mentioned therin and prodwced therwith The Cownsell doe heirby remit to the Comitie alreadie appointed anent The Lord Forbesses Dragownes to take the The Serjeants ther oathes upon the tymes of ther respective services as in the accompt And ordaines the act upon the Serjeants bill of the twentie of Janwary instant to be extracted conforme to the Serjeants oathes and accompt given in with this petitione

Att Edinburgh the twentie fifth day of Janwary Jaj vic nyntie eight yeirs

D1698/1/201

Warrant

Warrand for takeing Collonell Dowglasses Serjents oathes

Petitione the Serjeants of Collonell Douglasses regiment read And the Cownsell haveing considered the Same with the accompt mentioned therin and prodwced therwith The Cownsell doe heirby remit to the Comitie alreadie appointed anent The Lord Forbesses Dragownes to take the The Serjeants ther oathes upon the tymes of ther respective services as in the accompt And ordaines the act upon the Serjeants bill of the twentie of Janwary instant to be extracted conforme to the Serjeants oathes and accompt given in with this petitione

1. NRS, PC2/27, 79r-79v.

1. NRS, PC2/27, 79r-79v.