Tag Archives: November

Procedure: committee formed, 21 November 1693, Edinburgh

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Procedure: committee formed

Committie for Mr David Dunmuirs taking the oath of alleadgance and assurance

Anent the petitione Given in to the Lords of their Majesties privie Councell Be Mr David Dunmuir Advocat Sheuing That their Lordships petitioner Having failled to Compear before the Lords of Councell and Session who were ordained to administrat the oath of alleadgance and assurance To Advocats at the precise tyme prefixed be the Act of parliament which was occasioned by the petitioners Having the Gout in his foot five or six months from Edinburgh in the Country as he was not able to putt on aither boot or shoe to Give obedience to the Act of parliament at that tyme And the petitioner Having wryten a Letter of excuse to the Lords of sessione to that effect which was redd and Recorded by the Clark And seing the petitioners absence was not Contumacious nor uillfull And therfore Humbly Craving their Lordshipps to Admitt the petitioner to the priviledge of ane Advocat And to administrat the oath of alleadgance and Act of assurance Conforme to the Act of parliament or Remitt the samen to the Lords of session for that effect as the said petitione Bears The saids Lords of their Majesties privy Councell Having Considered this petitione given In to them Be the above Mr David Dunmuir uith the Report lying in the Clark of Councells hands made by the Lords of sessione of such as took the oath of alleadgance and assurance before them quhich Bears expressly that a Letter was tymeously produced from the petitioner Sheuing his willingnes to Come In but Giving ane account of his Indispositione By reasone of his being tormented uith the Gout which as the Report bears was appoynted to lye in the Clerks hands They Heirby allow the said petitioner yet to suear and signe the said oath of alleadgance and signe the assurance In presence of the Earle of Forfar and the Lord Beilhaven tuo of their oune Number and any one of their Clarks And upon his suearing and signing as said is The saids Lords of privy Councell Doe Heirby admitt the petitioner to his former station of ane Advocat and all the priviledges therof to be Enjoyed and bruicked be him alse fully and freelie as he had done the same In manner and uithin the tyme prescribed by the Act of parliament

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Procedure: committee formed

Committie for Mr David Dunmuirs taking the oath of alleadgance and assurance

Anent the petitione Given in to the Lords of their Majesties privie Councell Be Mr David Dunmuir Advocat Sheuing That their Lordships petitioner Having failled to Compear before the Lords of Councell and Session who were ordained to administrat the oath of alleadgance and assurance To Advocats at the precise tyme prefixed be the Act of parliament which was occasioned by the petitioners Having the Gout in his foot five or six months from Edinburgh in the Country as he was not able to putt on aither boot or shoe to Give obedience to the Act of parliament at that tyme And the petitioner Having wryten a Letter of excuse to the Lords of sessione to that effect which was redd and Recorded by the Clark And seing the petitioners absence was not Contumacious nor uillfull And therfore Humbly Craving their Lordshipps to Admitt the petitioner to the priviledge of ane Advocat And to administrat the oath of alleadgance and Act of assurance Conforme to the Act of parliament or Remitt the samen to the Lords of session for that effect as the said petitione Bears The saids Lords of their Majesties privy Councell Having Considered this petitione given In to them Be the above Mr David Dunmuir uith the Report lying in the Clark of Councells hands made by the Lords of sessione of such as took the oath of alleadgance and assurance before them quhich Bears expressly that a Letter was tymeously produced from the petitioner Sheuing his willingnes to Come In but Giving ane account of his Indispositione By reasone of his being tormented uith the Gout which as the Report bears was appoynted to lye in the Clerks hands They Heirby allow the said petitioner yet to suear and signe the said oath of alleadgance and signe the assurance In presence of the Earle of Forfar and the Lord Beilhaven tuo of their oune Number and any one of their Clarks And upon his suearing and signing as said is The saids Lords of privy Councell Doe Heirby admitt the petitioner to his former station of ane Advocat and all the priviledges therof to be Enjoyed and bruicked be him alse fully and freelie as he had done the same In manner and uithin the tyme prescribed by the Act of parliament

1. NRS, PC1/49, 179-80.

1. NRS, PC1/49, 179-80.

Act, 21 November 1693, Edinburgh

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Act

Protectione Bannatyne of Kaims

Anent the petitione Given In to the Lords of their Majesties privie Councell Be Hector Bannatyne of Kaims Sheuing That wher ther is a most Groundless pursuite raised at the Instance of Thomas Craufurd of Carssburne Against the petitioner for ane alleadged ryott pretending that the said petitioner hounded out severall persones to deforce the messengers whom Carssburne had Imployed to poynd the saids petitioners goods which is of it self most calumnious as the Complaint is Groundless soe it is most malicious in Carssburne who is a neighbour to take assignatione to any debt dew be the said petitioner off purpose to distress him And altho the petitioner hes attended all this while upon the dyetts of the said process And that Carssburne hes adduced severall uitnesses therin And He finding that ther is nothing proven Against the said petitioner He hes sent to Bute for other tuo uitnesses so that the petitioner is obliedged to attend to the event of the said process And seing the protectione formerly alloued be their Lordships to the petitioner is expyred And that he Cannot Safely attend their Lordships or the dyetts of the said process or returne safely home by reasone of severall personall dilligences by Captiones Against him for civill debts uithout their Lordships be pleased to renue his protectione And therfore Humbly Craving their Lordships wowld be pleased to Consider the petitioners case and Circumstances And Renue his protectione for such Competent tyme as their Lordships shall think fitt To the effect the petitioner may attend the discussing of the said process and may Returne safely Home as the said petitione Bears The saids Lords of their Majesties privy Councell Having Considered this petitione Given in to them Be the above Hector Bannatyne They doe Heirby Grant personall protectione to the petitioner untill the Eleventh day of december nixt Inclusive that He may attend the discussing of the process depending before the saids Lords att the Instance off Thomas Craufurd of Carssburne Against him and discharges all Judges magistrats messengers att armes or officers uithin burgh or Landuard to putt any Letters of Captione Acts of warding or other personall dilligence to executione Against the said petitioner untill the forsaid day Excepting alwayes their Majesties rents and publict dues sic subscribitur Tueeddall cancel: Southerland Linlithgow Tarbat Strathnaver Raith Beilhaven Will: Master of Forbess James Steuart

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Act

Protectione Bannatyne of Kaims

Anent the petitione Given In to the Lords of their Majesties privie Councell Be Hector Bannatyne of Kaims Sheuing That wher ther is a most Groundless pursuite raised at the Instance of Thomas Craufurd of Carssburne Against the petitioner for ane alleadged ryott pretending that the said petitioner hounded out severall persones to deforce the messengers whom Carssburne had Imployed to poynd the saids petitioners goods which is of it self most calumnious as the Complaint is Groundless soe it is most malicious in Carssburne who is a neighbour to take assignatione to any debt dew be the said petitioner off purpose to distress him And altho the petitioner hes attended all this while upon the dyetts of the said process And that Carssburne hes adduced severall uitnesses therin And He finding that ther is nothing proven Against the said petitioner He hes sent to Bute for other tuo uitnesses so that the petitioner is obliedged to attend to the event of the said process And seing the protectione formerly alloued be their Lordships to the petitioner is expyred And that he Cannot Safely attend their Lordships or the dyetts of the said process or returne safely home by reasone of severall personall dilligences by Captiones Against him for civill debts uithout their Lordships be pleased to renue his protectione And therfore Humbly Craving their Lordships wowld be pleased to Consider the petitioners case and Circumstances And Renue his protectione for such Competent tyme as their Lordships shall think fitt To the effect the petitioner may attend the discussing of the said process and may Returne safely Home as the said petitione Bears The saids Lords of their Majesties privy Councell Having Considered this petitione Given in to them Be the above Hector Bannatyne They doe Heirby Grant personall protectione to the petitioner untill the Eleventh day of december nixt Inclusive that He may attend the discussing of the process depending before the saids Lords att the Instance off Thomas Craufurd of Carssburne Against him and discharges all Judges magistrats messengers att armes or officers uithin burgh or Landuard to putt any Letters of Captione Acts of warding or other personall dilligence to executione Against the said petitioner untill the forsaid day Excepting alwayes their Majesties rents and publict dues sic subscribitur Tueeddall cancel: Southerland Linlithgow Tarbat Strathnaver Raith Beilhaven Will: Master of Forbess James Steuart

1. NRS, PC1/49, 178-9.

1. NRS, PC1/49, 178-9.

Commission by the Council, 21 November 1693, Edinburgh

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Commission by the Council

Commission of Justiciary For trying Elizabeth Dasone

The Lords of their Majesties privy Councell Being Informed That Elizabeth Dassone is presently prisoner in the tolbooth of Aberdein as alleadged guilty of murdering her oune Chyld And Considering It uill be a Great deall of charges and expensses to bring the said Elizabeth Dassone to this place In ordor to a tryall before the Lords Commissioners of Justiciary Besyds the severall Inconveniences may arrise by her transportatione And the saids Lords Lykewayes Considering that these Crymes Cannot be Judged and tryed by any persones in the Country uithout a warrand and Commissione from their Lordships for that effect And their Lordships being desyrous to have the said matter brought to a tryall that the persones guiltie may receave Condigne punishment and others may be detered from Committing such Crymes in tyme coming They Doe Heirby Give full pouer warrand and Commissione to John Earle of Erroll shirreff principall of the shyre of Aberdein Androw Frazer of Kinmundie his depute Sir John Forbes of Craigivar George Pattoune of Grandhome James Moor of Stoniewood James Gordoune of Seatoune Mr James Gray of Ballgounie and George Keith of Creichie or any three of them who are Heirby declared a Quorum to take tryall off and to Judge and doe Justice upon the said Elizabeth Dassone presently prisoner in the said tolbooth for the said Cryme And In ordor therto to meet and Conveen at Aberdeen the third teusday Tuesday2 of december nixt to Come And therto accept of this present Commissione This Commissione is of the same style uith the other in omnibus and subscribed as the said former Commissione

Att Edinburgh The Tuentie first day of november Jaj vic nyntie thrie years

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Commission by the Council

Commission of Justiciary For trying Elizabeth Dasone

The Lords of their Majesties privy Councell Being Informed That Elizabeth Dassone is presently prisoner in the tolbooth of Aberdein as alleadged guilty of murdering her oune Chyld And Considering It uill be a Great deall of charges and expensses to bring the said Elizabeth Dassone to this place In ordor to a tryall before the Lords Commissioners of Justiciary Besyds the severall Inconveniences may arrise by her transportatione And the saids Lords Lykewayes Considering that these Crymes Cannot be Judged and tryed by any persones in the Country uithout a warrand and Commissione from their Lordships for that effect And their Lordships being desyrous to have the said matter brought to a tryall that the persones guiltie may receave Condigne punishment and others may be detered from Committing such Crymes in tyme coming They Doe Heirby Give full pouer warrand and Commissione to John Earle of Erroll shirreff principall of the shyre of Aberdein Androw Frazer of Kinmundie his depute Sir John Forbes of Craigivar George Pattoune of Grandhome James Moor of Stoniewood James Gordoune of Seatoune Mr James Gray of Ballgounie and George Keith of Creichie or any three of them who are Heirby declared a Quorum to take tryall off and to Judge and doe Justice upon the said Elizabeth Dassone presently prisoner in the said tolbooth for the said Cryme And In ordor therto to meet and Conveen at Aberdeen the third teusday Tuesday2 of december nixt to Come And therto accept of this present Commissione This Commissione is of the same style uith the other in omnibus and subscribed as the said former Commissione

1. NRS, PC1/49, 177-178.

2. Sic.

1. NRS, PC1/49, 177-178.

2. Sic.

Commission by the Council, 21 November 1693, Edinburgh

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Commission by the Council

Commissione for trying Robert Millar2

The Lords of their Majesties privie Councell Being Informed that Alexander Miller in Killen uithin the shirreffdome of Ross Agnas Mculloch his spouse John Miller his son and Donald Taylor also in Killan are presently prisoners in the tolbooth of Tayne as alleadged guilty of murdering Elspeth Miller in the said toune of Killen and ane Chyld ane Infant supposed procreat betuixt her and the said John Miller And Considering that it uill be a Great deall of charges and expensses to bring the saids Alexander Miller Agnas McCulloch John Miller and Donald Taylor to this place In ordor to a tryall before the Lords Commissioners of Justiciary Besyds the severall Inconveniences may arrise by their transportatione And the saids Lords Lykewayes Considering that these Crymes Cannot be tryed and Judged by any persones in the Country uithout a warrand and Commissione from their Lordships for that effect And their Lordships being desyrous to have the said matter brought to a tryall that the persones guilty may receave Condigne punishment and others may be deterred from Committing such Crymes in tyme coming They doe Heirby Give full pouer warrand and Commissione to David Ross of Balnagoune shirreff principall of the shyre of […] and […] his depute George Monro of Colraine George Monro of Newmore Kenneth Mckenzie of Scattuell John Ross of Auchnaclouch Walter Ross provost of Taine Mr John Bayne of Dainly and Mr Alexander Grhame Commissary of Ross or any three of them who are heirby declared to be a Quorum To take tryall off And to Judge and doe Justice upon the saids persones presently prisoners in the said tolbooth for the said Cryme And In ordor therto to meet and Conveen at Taine the tuenty sixth day of december nixt to Come And ther to accept of this present Commissione And upon their acceptance to administrat the oath of fidelity to the persone whom James Muntgomery of Langschau Clark to the Justice Court shall depute and substitut to be Clark to this present Commissione And if the said James Muntgomery shall neglect or delay to depute and substitut a Clark as said is being requyred therto uith pouer Lykewayes to the 3 Said Commissioners or their said Quorum to Choise their oune Clark for whom they uill be ansuerable with pouer also to the persones heirby Commissionat or their said Quorum to Creat make and Constitut serjants Dempsters and other members of the said Courte And to Issue out and Cause raise precepts or Lybells of Indytement at the Instance of Charles Mansone procurator fiscall for his Majesties Intrest in the said matter Against the said Alexander Miller Agnas Mculloch John Miller and Donald Taylor for summonding and Citing them and the Assysers and uitnesses in the ordinary manner and under the usuall paines and Certificationes To Compear before the saids Commissioners Heirby Comraissionat or their said Quorum at Taine the […] day of […] with pouer also to them to Amerciat and fyne the absent assysers and uitnesses And the Amerciaments and Fynes to uplift for their oune use and behooff And to And to4 adjurne themselves from tyme to tyme To the effect that the pannells being fully heard The saids Commissioners or their said quorum may Judge and determine the relevancy of the Lybell And to Call ane Inquest of Fourtie five persones who are to be Cited on the assyse of the saids persones and of that number to Choyse ane assyse of Fyfteen And to administrat to them the ordinary oath in the usuall termes And uith pouer also to the saids Commissioners or their said Quorum to examine the uitnesses cited in presence of the saids pannalls and suorne Inquiest upon the poyntes that shall be admitted to probatione And therafter to remitt the said Lybell and Interloquitor to be Given by them Anent the relevancy therof and the depositiones therof to be taken In manner forsaid To the knouledge of the said Inquiest and assayse whom they appoynte to Elect a Chancellor or president uith a Clark And after reading and perusall of the said Indytment Interloquitor to be pronunced theron and depositiones of the uitnesses to be taken in presence of the saids pannalls and assayse To Find the Lybell proven Against the saids pannalls or to assoillzie them according to Lau as they uill be ansuerable to God and a Good Conscience and that they draw up their verdict accordingly and delyver the same sealled by the hand of their Chancellor or president to the saids persones or their quorum whom they Heirby authorize and Commissionat to advyse the haill process and verdict of the Inquest uith the depositiones of the uitnesses And to Give and pronunce sentence Condemnator or absolvitor in the said matter according to Justice And in case the saids Judges shall find the pannalls guilty of the Cryme Laid to their charge with pouer to the saids Commissioners or their Quorum to decerne and adjudge the saids pannalls to be hanged or otherwayes execute uithin such space and after such manner as they shall think fitt And Generally uith full pouer to the saids Commissioners or their said quorum to Act doe and performe all and sundrie things whatsomever Competent and Incumbent to be Acted done and performed by Any Commissioners of Justiciary hitherto nominated and appoynted by the saids Lords of privie Councell And the saids Lords appoyntes the saids Commissioners or their said Quorum uithin the space of tuenty dayes after the pronuncing and executing of their sentence in this matter to Report to the Lords Commissioners of Justiciary or to the Clark of the Criminall Courte ane authentick extract under their hands of their said sentence and the manner of executing therof To the effect the same may be Recorded in the books of Justiciary which the Clark of the Criminall Courte Is heirby appoynted to record therin as he will be ansuerable Given at Edinburgh the tuenty first day of November Jaj vic nyntie three years sic subscribitur Tueeddall cancel: Southerland Linlithgow Annandall Forfar Tarbat Strathnaver Stair Raith Beilhaven William Master of Forbess

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Commission by the Council

Commissione for trying Robert Millar2

The Lords of their Majesties privie Councell Being Informed that Alexander Miller in Killen uithin the shirreffdome of Ross Agnas Mculloch his spouse John Miller his son and Donald Taylor also in Killan are presently prisoners in the tolbooth of Tayne as alleadged guilty of murdering Elspeth Miller in the said toune of Killen and ane Chyld ane Infant supposed procreat betuixt her and the said John Miller And Considering that it uill be a Great deall of charges and expensses to bring the saids Alexander Miller Agnas McCulloch John Miller and Donald Taylor to this place In ordor to a tryall before the Lords Commissioners of Justiciary Besyds the severall Inconveniences may arrise by their transportatione And the saids Lords Lykewayes Considering that these Crymes Cannot be tryed and Judged by any persones in the Country uithout a warrand and Commissione from their Lordships for that effect And their Lordships being desyrous to have the said matter brought to a tryall that the persones guilty may receave Condigne punishment and others may be deterred from Committing such Crymes in tyme coming They doe Heirby Give full pouer warrand and Commissione to David Ross of Balnagoune shirreff principall of the shyre of […] and […] his depute George Monro of Colraine George Monro of Newmore Kenneth Mckenzie of Scattuell John Ross of Auchnaclouch Walter Ross provost of Taine Mr John Bayne of Dainly and Mr Alexander Grhame Commissary of Ross or any three of them who are heirby declared to be a Quorum To take tryall off And to Judge and doe Justice upon the saids persones presently prisoners in the said tolbooth for the said Cryme And In ordor therto to meet and Conveen at Taine the tuenty sixth day of december nixt to Come And ther to accept of this present Commissione And upon their acceptance to administrat the oath of fidelity to the persone whom James Muntgomery of Langschau Clark to the Justice Court shall depute and substitut to be Clark to this present Commissione And if the said James Muntgomery shall neglect or delay to depute and substitut a Clark as said is being requyred therto uith pouer Lykewayes to the 3 Said Commissioners or their said Quorum to Choise their oune Clark for whom they uill be ansuerable with pouer also to the persones heirby Commissionat or their said Quorum to Creat make and Constitut serjants Dempsters and other members of the said Courte And to Issue out and Cause raise precepts or Lybells of Indytement at the Instance of Charles Mansone procurator fiscall for his Majesties Intrest in the said matter Against the said Alexander Miller Agnas Mculloch John Miller and Donald Taylor for summonding and Citing them and the Assysers and uitnesses in the ordinary manner and under the usuall paines and Certificationes To Compear before the saids Commissioners Heirby Comraissionat or their said Quorum at Taine the […] day of […] with pouer also to them to Amerciat and fyne the absent assysers and uitnesses And the Amerciaments and Fynes to uplift for their oune use and behooff And to And to4 adjurne themselves from tyme to tyme To the effect that the pannells being fully heard The saids Commissioners or their said quorum may Judge and determine the relevancy of the Lybell And to Call ane Inquest of Fourtie five persones who are to be Cited on the assyse of the saids persones and of that number to Choyse ane assyse of Fyfteen And to administrat to them the ordinary oath in the usuall termes And uith pouer also to the saids Commissioners or their said Quorum to examine the uitnesses cited in presence of the saids pannalls and suorne Inquiest upon the poyntes that shall be admitted to probatione And therafter to remitt the said Lybell and Interloquitor to be Given by them Anent the relevancy therof and the depositiones therof to be taken In manner forsaid To the knouledge of the said Inquiest and assayse whom they appoynte to Elect a Chancellor or president uith a Clark And after reading and perusall of the said Indytment Interloquitor to be pronunced theron and depositiones of the uitnesses to be taken in presence of the saids pannalls and assayse To Find the Lybell proven Against the saids pannalls or to assoillzie them according to Lau as they uill be ansuerable to God and a Good Conscience and that they draw up their verdict accordingly and delyver the same sealled by the hand of their Chancellor or president to the saids persones or their quorum whom they Heirby authorize and Commissionat to advyse the haill process and verdict of the Inquest uith the depositiones of the uitnesses And to Give and pronunce sentence Condemnator or absolvitor in the said matter according to Justice And in case the saids Judges shall find the pannalls guilty of the Cryme Laid to their charge with pouer to the saids Commissioners or their Quorum to decerne and adjudge the saids pannalls to be hanged or otherwayes execute uithin such space and after such manner as they shall think fitt And Generally uith full pouer to the saids Commissioners or their said quorum to Act doe and performe all and sundrie things whatsomever Competent and Incumbent to be Acted done and performed by Any Commissioners of Justiciary hitherto nominated and appoynted by the saids Lords of privie Councell And the saids Lords appoyntes the saids Commissioners or their said Quorum uithin the space of tuenty dayes after the pronuncing and executing of their sentence in this matter to Report to the Lords Commissioners of Justiciary or to the Clark of the Criminall Courte ane authentick extract under their hands of their said sentence and the manner of executing therof To the effect the same may be Recorded in the books of Justiciary which the Clark of the Criminall Courte Is heirby appoynted to record therin as he will be ansuerable Given at Edinburgh the tuenty first day of November Jaj vic nyntie three years sic subscribitur Tueeddall cancel: Southerland Linlithgow Annandall Forfar Tarbat Strathnaver Stair Raith Beilhaven William Master of Forbess

1. NRS, PC1/49, 174-7.

2. Entry actually refers to Alexander Miller, his spouse Agnes, son John, and a man named David Taylor.

3. The word ‘persones’ scored out here.

4. Sic.

1. NRS, PC1/49, 174-7.

2. Entry actually refers to Alexander Miller, his spouse Agnes, son John, and a man named David Taylor.

3. The word ‘persones’ scored out here.

4. Sic.

Sederunt, 21 November 1693, Edinburgh

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Sederunt

Lord Chancellor; Earl of Southerland; Earl of Linlithgow; Earl of Annandale; Earl of Forfar; Viscount Tarbat; Viscount Stair; Lord Strathnaver; Lord Raith; Lord Beilhaven; Master of Forbes; Lord Advocat; Lord Justice clerk; Lord Hattoune; Lord Funtainhall; Lord Anstruther; Laird of Stevensone

Att Edinburgh The Tuentie first day of november Jaj vic nyntie thrie years1

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Sederunt

Lord Chancellor; Earl of Southerland; Earl of Linlithgow; Earl of Annandale; Earl of Forfar; Viscount Tarbat; Viscount Stair; Lord Strathnaver; Lord Raith; Lord Beilhaven; Master of Forbes; Lord Advocat; Lord Justice clerk; Lord Hattoune; Lord Funtainhall; Lord Anstruther; Laird of Stevensone

1. NRS, PC1/49, 174.

2. NRS, PC1/49, 174.

1. NRS, PC1/49, 174.

2. NRS, PC1/49, 174.

Order, 14 November 1693, Edinburgh

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Order

Recommendatione to Sir Thomas Livingstoune to wryte to the Earle of Seaforths uncle to Enter himself prisoner in Stirling Castle

The Lords of their Majesties privie Councell Being Informed by Sir Thomas Livingstoune Commander in cheiff of their Majesties forces uithin this Kingdome That Mr Collin Mckenzie uncle to the Earle of Seaforth who was in the Hills uith the rebells Is uilling to render up himself But being ane persone Aged and valitudinary Intreats the favour of a Good prisone They heirby Recommend to the said Sir Thomas to wryte to and Acquant the said Mr Collin Mckenzie That the Councell ordains him to Enter himself in the Castle of Stirling Betuixt and the first day of January nixt to Come And ordaines Leivt Collonell John Areskine Leivt Governour of the said castle and in his absence the nixt Commanding officer ther to Receave the said Mr Colline Mckenzie in the said castle and detaine him prisoner therin till furder ordor of Councell And to allow him the benefite of open prisone The said Leivtennant Governour and other officers Being alwayes Lyable for his safe custody

Att Edinburgh The Fourteenth day of November Jaj vic nyntie three years

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Order

Recommendatione to Sir Thomas Livingstoune to wryte to the Earle of Seaforths uncle to Enter himself prisoner in Stirling Castle

The Lords of their Majesties privie Councell Being Informed by Sir Thomas Livingstoune Commander in cheiff of their Majesties forces uithin this Kingdome That Mr Collin Mckenzie uncle to the Earle of Seaforth who was in the Hills uith the rebells Is uilling to render up himself But being ane persone Aged and valitudinary Intreats the favour of a Good prisone They heirby Recommend to the said Sir Thomas to wryte to and Acquant the said Mr Collin Mckenzie That the Councell ordains him to Enter himself in the Castle of Stirling Betuixt and the first day of January nixt to Come And ordaines Leivt Collonell John Areskine Leivt Governour of the said castle and in his absence the nixt Commanding officer ther to Receave the said Mr Colline Mckenzie in the said castle and detaine him prisoner therin till furder ordor of Councell And to allow him the benefite of open prisone The said Leivtennant Governour and other officers Being alwayes Lyable for his safe custody

1. NRS, PC1/49, 173-4.

1. NRS, PC1/49, 173-4.

Letter: royal, 14 November 1693, Edinburgh

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Letter: royal

Letter to the King In favoures of the Lord Arthbuthnet

May It pleas your Majestie
The Viscount of Arthbuthnet Having suffered great losses by the Highland Rebells for his affection and zeall in your Majesties service upon applicatione made to the Estates of parliament and due tryall taken His Losses were found to exceed the soume of Eight Thousand pounds scots And the parliament Remitted the matter to us to Recommend him to your Majestie wherfore we Having againe Reviewed the forsaid tryall and Considered the quantaty of the Viscounts Losses with his good affectione to your Majesties Government and the merite of his family Doe uith all Humility Crave Leave to lay his case before your Majestie And Recommend him and it to your Majesties royall favour and Bounty May It please your Majestie your Majesties most loyall most faithfull and most obedient subjects and servants sic subscribitur Tueeddall Cancel: Southerland Forfar Tarbat Stair Beilhaven James Steuart Adam Cockburne W Anstruther Fra: Montgomery

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Letter: royal

Letter to the King In favoures of the Lord Arthbuthnet

May It pleas your Majestie
The Viscount of Arthbuthnet Having suffered great losses by the Highland Rebells for his affection and zeall in your Majesties service upon applicatione made to the Estates of parliament and due tryall taken His Losses were found to exceed the soume of Eight Thousand pounds scots And the parliament Remitted the matter to us to Recommend him to your Majestie wherfore we Having againe Reviewed the forsaid tryall and Considered the quantaty of the Viscounts Losses with his good affectione to your Majesties Government and the merite of his family Doe uith all Humility Crave Leave to lay his case before your Majestie And Recommend him and it to your Majesties royall favour and Bounty May It please your Majestie your Majesties most loyall most faithfull and most obedient subjects and servants sic subscribitur Tueeddall Cancel: Southerland Forfar Tarbat Stair Beilhaven James Steuart Adam Cockburne W Anstruther Fra: Montgomery

1. NRS, PC1/49, 173.

1. NRS, PC1/49, 173.

Act, 14 November 1693, Edinburgh

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Act

Liberatione Donald Clark

Anent the petitione given In to the Lords of their Majesties privie Councell Be Donald Clark, brother German to Archibald Clark of Bralacken Sheuing That albeit ten or Eleven years agoe Mr Duncan Robertsone wryter in Edinburgh then shirreff Clark of Argyle Having bought from umquhile Mathew Andersone in Ardnacroish ane debt of ane Hundred and sixtie pounds scotts or therby alleadged resting be the petitioner and one John Mckellar to the said Andersone did uithout any Citatione obtaine decreit in absence in Andersone the Cedents name And therupon raised Horning and Captione in the Late King Charles his name And of Late renues the same Captione And upon satturnday last caused apprehend and Imprisone the petitioners persone in the tolbooth of Edinburgh most uroungusly For though the debt uere Just as it is not and that the man at whose Instance the Captione is raised uere not dead as trewly he is yet the petitioner being sent hither upon ordinance and Having a Commissione from the Lord Jedburgh for receaving of the troupes pay for clearing of their present quarters That Immediatly they may be divyded and sent to their uinter quarters By the practise of this and all other nationes The petitioner could not be Incarcerat for ane Civill debt tho Just being upon ther Majesties Immediat service as said is as hes been frequently found by their Lordships and lately in the case of Mr Sletzers Especially the petitioners return being necessary and speedily expected And tho after his being apprehended He made Intimatione therof to the said Mr Duncan and to James Gordoune the messenger and therupon took Instruments as the protest produced uith the said petitione Bears yet they Incarcerat his persone as aforsaid Tho He offered sufficient bale for his presentatione Against this teusday to them And for farder disgrace to him and Contempt of authority procured the toune Guaird for their Concurrance And therfore Humbly Craving their Lordships to take the supplicants case Into ther serious Consideratione And ordaine him Instantly to be sett at Liberty free of all expensses and Jaylor Fee In respect of his wroungus Imprisonment He being upon present duty and the Lord Jedburghs troop being Immediatly to be cleared and divyded In ordor to be sent to their uinter quarters which Cannot be done till after his Liberatione and that he Goe ther uith their pay being their Clark as said is As also that their Lordships uould be pleased to punish the said Mr Duncan and the said messenger in their persones and goods as their Lordships shall think fitt And to ordaine their fynes to be payed to the petitioner touards the reparatione of the damnages sustained by him to be a terror to them and others to Committ the lyke abuse in tyme coming and which uill undoubtedly be a Great Encouradgement to souldiers to serve their Majesties And that Conforme to their Lordships dayly practise in the lyke cases as the said petitione Bears The Saids Lords of their Majesties privie Councell Having Considered this petitione given In to them Be the said Donald Clark uith the Instrument mentioned therin and produced theruith They Heirby ordaine the Magistrats Magistrats2 of Edinburgh and Keeper of their tolbooth To sett the petitioner at Liberty furth therof He first Giving bond and finding sufficient Cautione acted in the books of privie Councell That He shall Compear before the Lords therof upon the tuenty Eight day of november Instant or otherwayes to make payment to the said Duncan Robertsone of the soumes for which He is Incarcerat at his instance And alloues Mr Duncan Robertsone and the said messenger to see and ansuer the petitione as to the other poynts represented against them betuixt and the same day

Att Edinburgh The Fourteenth day of November Jaj vic nyntie three years

A1693/11/211

Act

Liberatione Donald Clark

Anent the petitione given In to the Lords of their Majesties privie Councell Be Donald Clark, brother German to Archibald Clark of Bralacken Sheuing That albeit ten or Eleven years agoe Mr Duncan Robertsone wryter in Edinburgh then shirreff Clark of Argyle Having bought from umquhile Mathew Andersone in Ardnacroish ane debt of ane Hundred and sixtie pounds scotts or therby alleadged resting be the petitioner and one John Mckellar to the said Andersone did uithout any Citatione obtaine decreit in absence in Andersone the Cedents name And therupon raised Horning and Captione in the Late King Charles his name And of Late renues the same Captione And upon satturnday last caused apprehend and Imprisone the petitioners persone in the tolbooth of Edinburgh most uroungusly For though the debt uere Just as it is not and that the man at whose Instance the Captione is raised uere not dead as trewly he is yet the petitioner being sent hither upon ordinance and Having a Commissione from the Lord Jedburgh for receaving of the troupes pay for clearing of their present quarters That Immediatly they may be divyded and sent to their uinter quarters By the practise of this and all other nationes The petitioner could not be Incarcerat for ane Civill debt tho Just being upon ther Majesties Immediat service as said is as hes been frequently found by their Lordships and lately in the case of Mr Sletzers Especially the petitioners return being necessary and speedily expected And tho after his being apprehended He made Intimatione therof to the said Mr Duncan and to James Gordoune the messenger and therupon took Instruments as the protest produced uith the said petitione Bears yet they Incarcerat his persone as aforsaid Tho He offered sufficient bale for his presentatione Against this teusday to them And for farder disgrace to him and Contempt of authority procured the toune Guaird for their Concurrance And therfore Humbly Craving their Lordships to take the supplicants case Into ther serious Consideratione And ordaine him Instantly to be sett at Liberty free of all expensses and Jaylor Fee In respect of his wroungus Imprisonment He being upon present duty and the Lord Jedburghs troop being Immediatly to be cleared and divyded In ordor to be sent to their uinter quarters which Cannot be done till after his Liberatione and that he Goe ther uith their pay being their Clark as said is As also that their Lordships uould be pleased to punish the said Mr Duncan and the said messenger in their persones and goods as their Lordships shall think fitt And to ordaine their fynes to be payed to the petitioner touards the reparatione of the damnages sustained by him to be a terror to them and others to Committ the lyke abuse in tyme coming and which uill undoubtedly be a Great Encouradgement to souldiers to serve their Majesties And that Conforme to their Lordships dayly practise in the lyke cases as the said petitione Bears The Saids Lords of their Majesties privie Councell Having Considered this petitione given In to them Be the said Donald Clark uith the Instrument mentioned therin and produced theruith They Heirby ordaine the Magistrats Magistrats2 of Edinburgh and Keeper of their tolbooth To sett the petitioner at Liberty furth therof He first Giving bond and finding sufficient Cautione acted in the books of privie Councell That He shall Compear before the Lords therof upon the tuenty Eight day of november Instant or otherwayes to make payment to the said Duncan Robertsone of the soumes for which He is Incarcerat at his instance And alloues Mr Duncan Robertsone and the said messenger to see and ansuer the petitione as to the other poynts represented against them betuixt and the same day

1. NRS, PC1/49, 171-3.

2. Sic.

1. NRS, PC1/49, 171-3.

2. Sic.

Procedure, 14 November 1693, Edinburgh

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Procedure

The Earle of Drumlangrig goes to Courte

The Earle of Drumlangrig Acquanted the Councell That He hes his Majesties Command or warrand to Come to Courte and attend his Majestie And that he Intends to take Journey before nixt meeting of Councell And desyred to Know if the Councell had any Commands for Him

Att Edinburgh The Fourteenth day of November Jaj vic nyntie three years

A1693/11/201

Procedure

The Earle of Drumlangrig goes to Courte

The Earle of Drumlangrig Acquanted the Councell That He hes his Majesties Command or warrand to Come to Courte and attend his Majestie And that he Intends to take Journey before nixt meeting of Councell And desyred to Know if the Councell had any Commands for Him

1. NRS, PC1/49, 171.

1. NRS, PC1/49, 171.

Sederunt, 14 November 1693, Edinburgh

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Sederunt

Lord Chancellor; Earl of Drumlangrig; Earl of Southerland; Earl of Linlithgow; Earl of Forfar; Viscount Tarbat; Viscount Stair; Lord Beilhaven; Lord Advocat; Lord Justice Clark; Mr Fra: Muntgomery; Lord Enstruther; Sir Thomas Livingstoune

Att Edinburgh The Fourteenth day of November Jaj vic nyntie three years1

A1693/11/192

Sederunt

Lord Chancellor; Earl of Drumlangrig; Earl of Southerland; Earl of Linlithgow; Earl of Forfar; Viscount Tarbat; Viscount Stair; Lord Beilhaven; Lord Advocat; Lord Justice Clark; Mr Fra: Muntgomery; Lord Enstruther; Sir Thomas Livingstoune

1. NRS, PC1/49, 171.

2. NRS, PC1/49, 171.

1. NRS, PC1/49, 171.

2. NRS, PC1/49, 171.