Procedure: judicial proceedings, 15 October 1696, Edinburgh

Att Edinburgh the Fifftein day of October Jaj vic nyntie Six yeirs

D1696/10/131

Procedure: judicial proceedings

Sist executione Kirkwrd Against Neatherwrd

The Counsell doe heirby Sist executione at the instance of Geddes of Kirkurd against […] Law of Neatherurd upon the bill of Suspensione given in be Neatherwrd against Kirkurd untill the fifth day of November next to come inclusive And in the mean tyme allowes Kirkurd the charges to sie and ansuer the said bill of Suspensione against the day foirsaid

Att Edinburgh the Fifftein day of October Jaj vic nyntie Six yeirs

D1696/10/131

Procedure: judicial proceedings

Sist executione Kirkwrd Against Neatherwrd

The Counsell doe heirby Sist executione at the instance of Geddes of Kirkurd against […] Law of Neatherurd upon the bill of Suspensione given in be Neatherwrd against Kirkurd untill the fifth day of November next to come inclusive And in the mean tyme allowes Kirkurd the charges to sie and ansuer the said bill of Suspensione against the day foirsaid

1. NRS, PC2/26, 304v.

1. NRS, PC2/26, 304v.

Procedure: judicial proceedings, 15 October 1696, Edinburgh

Att Edinburgh the Fifftein day of October Jaj vic nyntie Six yeirs

D1696/10/121

Procedure: judicial proceedings

Sist of executione Charles Murray and his partners Against James Dunlope

Petitione Charles Murray and his pairtners Late tacksemen of the excyse of East and Midle Lothian And the towne of Edinburghs impositione Read and The Counsell Doe heirby sist all executione or qwartering wsed or to be wsed at the instance of James Dunlope pretending right to the said excyse and impositiones untill the Fifth day of November next to come inclwsive And if ther be any pairtners presentlie qwartered upon the petitioners for the Causs foirsaid ordaines them to be instantlie removed And allowes the said James Dunlope or any other pretending right or interest to the said excyse or impositiones to Sie and answer this petitione against the said Fifth of November next

Att Edinburgh the Fifftein day of October Jaj vic nyntie Six yeirs

D1696/10/121

Procedure: judicial proceedings

Sist of executione Charles Murray and his partners Against James Dunlope

Petitione Charles Murray and his pairtners Late tacksemen of the excyse of East and Midle Lothian And the towne of Edinburghs impositione Read and The Counsell Doe heirby sist all executione or qwartering wsed or to be wsed at the instance of James Dunlope pretending right to the said excyse and impositiones untill the Fifth day of November next to come inclwsive And if ther be any pairtners presentlie qwartered upon the petitioners for the Causs foirsaid ordaines them to be instantlie removed And allowes the said James Dunlope or any other pretending right or interest to the said excyse or impositiones to Sie and answer this petitione against the said Fifth of November next

1. NRS, PC2/26, 304v.

1. NRS, PC2/26, 304v.

Act, 15 October 1696, Edinburgh

Att Edinburgh the Fifftein day of October Jaj vic nyntie Six yeirs

D1696/10/111

Act

Act Basile Hamiltowne

The Lords of his majesties privie Counsell haveing considered a petitione given in to them be Lord Basile Hamiltowne The2 heirby allow the petitioner to import from Ireland the number of Six Score yowng Cows of the Lairgest kynd for makeing up his Lordships stock in the park of Baldoon And that frie of Custome And appoints the clerks of privie Counsell In respect the petitioner is not presentlie in towne to take bond Or obleisement from his Lordship when he shall returne to this towne That he shall import no more Cows then the above number And that he shall imploy the number to be imported for no other end but the makeing up of his Lordships Stock in the park of Baldowne wnder the penaltie of Five Hundereth merks Scotts money

Att Edinburgh the Fifftein day of October Jaj vic nyntie Six yeirs

D1696/10/111

Act

Act Basile Hamiltowne

The Lords of his majesties privie Counsell haveing considered a petitione given in to them be Lord Basile Hamiltowne The2 heirby allow the petitioner to import from Ireland the number of Six Score yowng Cows of the Lairgest kynd for makeing up his Lordships stock in the park of Baldoon And that frie of Custome And appoints the clerks of privie Counsell In respect the petitioner is not presentlie in towne to take bond Or obleisement from his Lordship when he shall returne to this towne That he shall import no more Cows then the above number And that he shall imploy the number to be imported for no other end but the makeing up of his Lordships Stock in the park of Baldowne wnder the penaltie of Five Hundereth merks Scotts money

1. NRS, PC2/26, 304r-304v.

2. Sic.

1. NRS, PC2/26, 304r-304v.

2. Sic.

Sederunt, 15 October 1696, Edinburgh

Att Edinburgh the Fifftein day of October Jaj vic nyntie Six yeirs1

D1696/10/102

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberrie; Earl of Tulliebarden; Earl of Morton; Earl of Lawderdale; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Kintore; Lord Carmichael; Lord Ruthven; Sir James Ogilvie; Lord Advocat; Lord Justiceclerk; Lord Philliphaugh; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Laird of Blackbarrony

Att Edinburgh the Fifftein day of October Jaj vic nyntie Six yeirs1

D1696/10/102

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberrie; Earl of Tulliebarden; Earl of Morton; Earl of Lawderdale; Earl of Lothian; Earl of Leven; Earl of Forfar; Earl of Kintore; Lord Carmichael; Lord Ruthven; Sir James Ogilvie; Lord Advocat; Lord Justiceclerk; Lord Philliphaugh; Lord Hallcraig; Lord Fountainhall; Lord Anstruther; Laird of Blackbarrony

1. NRS, PC2/26, 304r.

2. NRS, PC2/26, 303v-304r.

1. NRS, PC2/26, 304r.

2. NRS, PC2/26, 303v-304r.

Act, 13 October 1696, Edinburgh

Att Edinburgh the threttein day of October Jaj vic nyntie six yeirs

D1696/10/91

Act

Act Thomas Grieve

Anent the petitione given in to the Lords of his majesties privie Counsell be Thomas Greive merchand in Berwick Shewing that the petitioner haveing in the midle of September Last Shipped aboard Six Hundereth bolls of bear and malt in order to import the samen to this kingdome the petitioner was detained and stopped in his voyadge by contrairie wynd untill the tyme allowed for importing of victwall was elapsed And Seing the foirsaid victwall was Shipped aboard upon the faith of his majesties proclamatione And that the Same is readie to be imported and will come in verie good Seasone for Supplieing the wants of poor people the haill Victwall formerlie imported at Leith being now exhawsed And that the petitioner is content to qwyte the benefite of the twentie Shilling per boll allowed to importers by the Late proclamatione And therfor humblie craveing to the effect eftermentioned As the said petitione bears Which being this day red and considered be the saids Lords of privie Counsell They Doe heirby grant warrand to the petitioner to import into this kingdome the above qwantitie of six Hundereth bolls of bear and mast The petitioner allwayes paying the custome and other publict Dwes for the same according as was formerlie in wse to be done of before

Att Edinburgh the threttein day of October Jaj vic nyntie six yeirs

D1696/10/91

Act

Act Thomas Grieve

Anent the petitione given in to the Lords of his majesties privie Counsell be Thomas Greive merchand in Berwick Shewing that the petitioner haveing in the midle of September Last Shipped aboard Six Hundereth bolls of bear and malt in order to import the samen to this kingdome the petitioner was detained and stopped in his voyadge by contrairie wynd untill the tyme allowed for importing of victwall was elapsed And Seing the foirsaid victwall was Shipped aboard upon the faith of his majesties proclamatione And that the Same is readie to be imported and will come in verie good Seasone for Supplieing the wants of poor people the haill Victwall formerlie imported at Leith being now exhawsed And that the petitioner is content to qwyte the benefite of the twentie Shilling per boll allowed to importers by the Late proclamatione And therfor humblie craveing to the effect eftermentioned As the said petitione bears Which being this day red and considered be the saids Lords of privie Counsell They Doe heirby grant warrand to the petitioner to import into this kingdome the above qwantitie of six Hundereth bolls of bear and mast The petitioner allwayes paying the custome and other publict Dwes for the same according as was formerlie in wse to be done of before

1. NRS, PC2/26, 303v-304r.

1. NRS, PC2/26, 303v-304r.

Decreet, 13 October 1696, Edinburgh

Att Edinburgh the threttein day of October Jaj vic nyntie six yeirs

D1696/10/81

Decreet

Committie and decreit Lady Glenbucket against her Son

Petitione Jean Dowglas Lady Glenbwcket Read and nominats and appoints the Earles of Mortone And Kintore and Sir Thomas Burnet of Leyes to be a Comittie to meet with the petitioner and […] of Glenbwcket her Sone and to endeavoure to Setle and agrie them in the lybell depending at the Ladyes instance against her Son befor the Counsell And declaires any two of the Said Comittie to be a qworum And recomends to them to meet tomorrow at ten in the foirnoon and in caice the Comittie Shall not agrie the pairties allowes to the Lady a furder Dilligence by captione against the witnesses alreadie cited by her and not examined untill the […] Day of november next and in the meantyme decernes and ordaines the said […] of Glenbwcket to make payment and satisfactione to the said Jean Dowglas his mother of the Soume of Ane Hundereth punds Scotts money And ordaines Letters of horning on fiftein dayes and other executorialls needfull to be direct heiron wnder the Signet of Counsell in forme as effeirs And recomends to the Comittie formerlie appointed for examineing the wittnesses in this mater to examine the witneses which Shall be adduced upon the said furder dilligence Conforme to the former reference made to them

Att Edinburgh the threttein day of October Jaj vic nyntie six yeirs

D1696/10/81

Decreet

Committie and decreit Lady Glenbucket against her Son

Petitione Jean Dowglas Lady Glenbwcket Read and nominats and appoints the Earles of Mortone And Kintore and Sir Thomas Burnet of Leyes to be a Comittie to meet with the petitioner and […] of Glenbwcket her Sone and to endeavoure to Setle and agrie them in the lybell depending at the Ladyes instance against her Son befor the Counsell And declaires any two of the Said Comittie to be a qworum And recomends to them to meet tomorrow at ten in the foirnoon and in caice the Comittie Shall not agrie the pairties allowes to the Lady a furder Dilligence by captione against the witnesses alreadie cited by her and not examined untill the […] Day of november next and in the meantyme decernes and ordaines the said […] of Glenbwcket to make payment and satisfactione to the said Jean Dowglas his mother of the Soume of Ane Hundereth punds Scotts money And ordaines Letters of horning on fiftein dayes and other executorialls needfull to be direct heiron wnder the Signet of Counsell in forme as effeirs And recomends to the Comittie formerlie appointed for examineing the wittnesses in this mater to examine the witneses which Shall be adduced upon the said furder dilligence Conforme to the former reference made to them

1. NRS, PC2/26, 303r-303v.

1. NRS, PC2/26, 303r-303v.

Warrant, 13 October 1696, Edinburgh

Att Edinburgh the threttein day of October Jaj vic nyntie six yeirs

D1696/10/71

Warrant

Warrand or pass Leivetenent Collonell John Erskine

Anent the petitione given in to the Lords of his majesties privie Counsell be Leivtenent Collonell John Erskine Leivetenent governour of Stirleing Castle Shewing that the petitioners necessarie affairs doe call him to goe out of the Kingdome a few moneths And seing he cannot in dwetie Leave his post without ther Lordships Libertie first had and obtained for that effect And therfor humblie craveing to the effect eftermentioned As the said petitione bears Which being this day red and considered be the saids Lords of privie Counsell they doe heirby allow and give warrand to the petitioner to Leave his post at Stireling Castle and to depairt furth of this kingdome about his necessarie affaires he allwayes returneing betuixt and the first day of March next come And the Counsell declairs that their presents shall be a sufficient pass to the petitioner for the effect foirsaid

Att Edinburgh the threttein day of October Jaj vic nyntie six yeirs

D1696/10/71

Warrant

Warrand or pass Leivetenent Collonell John Erskine

Anent the petitione given in to the Lords of his majesties privie Counsell be Leivtenent Collonell John Erskine Leivetenent governour of Stirleing Castle Shewing that the petitioners necessarie affairs doe call him to goe out of the Kingdome a few moneths And seing he cannot in dwetie Leave his post without ther Lordships Libertie first had and obtained for that effect And therfor humblie craveing to the effect eftermentioned As the said petitione bears Which being this day red and considered be the saids Lords of privie Counsell they doe heirby allow and give warrand to the petitioner to Leave his post at Stireling Castle and to depairt furth of this kingdome about his necessarie affaires he allwayes returneing betuixt and the first day of March next come And the Counsell declairs that their presents shall be a sufficient pass to the petitioner for the effect foirsaid

1. NRS, PC2/26, 303r.

1. NRS, PC2/26, 303r.

Sederunt, 13 October 1696, Edinburgh

Att Edinburgh the threttein day of October Jaj vic nyntie six yeirs1

D1696/10/62

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Argyll; Earl of Morton; Earl of Lothian; Earl of Leven; Earl of Kintore; Lord Raith; Lord Ross; Lord Belhaven; Lord Carmichael; Lord Ruthven; Sir James Ogilvie; Lord Advocat; Lord Justiceclerk; Lord Hallcraig; Lord Anstruther; Mr Fra: Montgomery; Laird of Pollock; Laird of Leyes; Laird of Ballhousie

Att Edinburgh the threttein day of October Jaj vic nyntie six yeirs1

D1696/10/62

Sederunt

Lord Chancellor; Earl of Mellvill; Duke of Qweensberry; Earl of Argyll; Earl of Morton; Earl of Lothian; Earl of Leven; Earl of Kintore; Lord Raith; Lord Ross; Lord Belhaven; Lord Carmichael; Lord Ruthven; Sir James Ogilvie; Lord Advocat; Lord Justiceclerk; Lord Hallcraig; Lord Anstruther; Mr Fra: Montgomery; Laird of Pollock; Laird of Leyes; Laird of Ballhousie

1. NRS, PC2/26, 303r.

2. NRS, PC2/26, 303r.

1. NRS, PC2/26, 303r.

2. NRS, PC2/26, 303r.

Warrant, 2 October 1696, Edinburgh

Att Edinburgh the second Day of October Jaj vic nyntie six yeirs

D1696/10/51

Warrant

Warrand for transporting Jennet Lesslie

Anent the petitione given in to the Lords of his majesties privie Counsell be George Lesslie of Burdsbank Mr John Lesslie of Midletowne William Sowtherland of Rosehaugh and John Lesslie of Ardcanie Shewing that wheras Jennet Lesslie daughter to […] Lesslie of Wntack haveing forged severall bonds And particularie a bond of Ane thowsand pund alleadged to have bein granted to her by Burdsbanks father And ane other bond of nyn hundereth merks alleadged granted by the said John Lessly of Ardcame and ane other bond of The Hundereth merks be the said Mr John Lesslie of Midletowne and ane bond of Ane Thousand pund by the said William Southerland And they haveing applyed to the Shereff of Elgine to apprehend the said Jennet Lesslie She was accordinglie taken and secured they inacting themselvs to persue improbatione of the saids bonds befor a Judge competent wnder the paine of Five hundereth merks And accordinglie they did enact themselvs as appears by the extract of the act therwith prodwced And She acknowledgeing in face of cowrt that the bond of Ane Thowsand pund alleadged granted by Rosehawgh is forged and that the Same is written and made up by Robert Murray Some tyme Emboe in Southerland albeit the bond bears to be written by George Troupe messenger in Elgine And that She assigned the same to Robert Gordoun brother to Emboe And as to Mr John Lesslies bond She declaires that She will nether own nor disowne the Samen but wishes it were burnt as appears by the extract of her conffessione under the Shirreff clerks hand And Seing that the saids persones hes enacted themselvs to perswe the said falsehood And that they are willing to proceed in it with all the dilligence that can be And that Such forgeries ought to be pwnished examplarlie And therfor humblie craveing to the effect eftermentioned As the said petitione bears His majesties high Commissioner and the Lords of his majesties privie Counsell haveing heard and considered the above petitione They Doe heirby ordaine the petitioners as these who have inacted themselves to perswe the flasehoods mentioned in the petitione To cause transport the above Jennet Lesslie from the tollbwith of Elgine wher She presentlie lyes prisoner to the tollbwith of Edinburgh wnder a Sufficient gwaird upon ther own charges And ordaines the magistrats of Edinburgh and keepers of ther tollbwith to receave and detaine the said Jennet Lesslie prisoner untill furder order

Att Edinburgh the second Day of October Jaj vic nyntie six yeirs

D1696/10/51

Warrant

Warrand for transporting Jennet Lesslie

Anent the petitione given in to the Lords of his majesties privie Counsell be George Lesslie of Burdsbank Mr John Lesslie of Midletowne William Sowtherland of Rosehaugh and John Lesslie of Ardcanie Shewing that wheras Jennet Lesslie daughter to […] Lesslie of Wntack haveing forged severall bonds And particularie a bond of Ane thowsand pund alleadged to have bein granted to her by Burdsbanks father And ane other bond of nyn hundereth merks alleadged granted by the said John Lessly of Ardcame and ane other bond of The Hundereth merks be the said Mr John Lesslie of Midletowne and ane bond of Ane Thousand pund by the said William Southerland And they haveing applyed to the Shereff of Elgine to apprehend the said Jennet Lesslie She was accordinglie taken and secured they inacting themselvs to persue improbatione of the saids bonds befor a Judge competent wnder the paine of Five hundereth merks And accordinglie they did enact themselvs as appears by the extract of the act therwith prodwced And She acknowledgeing in face of cowrt that the bond of Ane Thowsand pund alleadged granted by Rosehawgh is forged and that the Same is written and made up by Robert Murray Some tyme Emboe in Southerland albeit the bond bears to be written by George Troupe messenger in Elgine And that She assigned the same to Robert Gordoun brother to Emboe And as to Mr John Lesslies bond She declaires that She will nether own nor disowne the Samen but wishes it were burnt as appears by the extract of her conffessione under the Shirreff clerks hand And Seing that the saids persones hes enacted themselvs to perswe the said falsehood And that they are willing to proceed in it with all the dilligence that can be And that Such forgeries ought to be pwnished examplarlie And therfor humblie craveing to the effect eftermentioned As the said petitione bears His majesties high Commissioner and the Lords of his majesties privie Counsell haveing heard and considered the above petitione They Doe heirby ordaine the petitioners as these who have inacted themselves to perswe the flasehoods mentioned in the petitione To cause transport the above Jennet Lesslie from the tollbwith of Elgine wher She presentlie lyes prisoner to the tollbwith of Edinburgh wnder a Sufficient gwaird upon ther own charges And ordaines the magistrats of Edinburgh and keepers of ther tollbwith to receave and detaine the said Jennet Lesslie prisoner untill furder order

1. NRS, PC2/26, 302r-303r.

1. NRS, PC2/26, 302r-303r.

Order, 2 October 1696, Edinburgh

Att Edinburgh the second Day of October Jaj vic nyntie six yeirs

D1696/10/41

Order

Reference Nasmith to the Thesaurie

Anent the petitione given in to the Lords of his majesties privie Counsell By John Nasmith apothecarie in Hamiltoun Shewing that wher the deceast Francis Nasmith the petitioners brother haveing in the yeir Jaj vic nyntie thrie procured from the then Secretaries of State ane gift for being one of the thrie ordinarie macers of privie Counsell and exchequer in obtaineing wherof he not onlie expended and Laid out any Litle fortowne he had in the world himself but contracted severall debts which the petitioner as his representative hes bein necessitat Since to transact and pay And his said brother haveing Dureing his life officiat in the said office befor ther Lordships without haveing aither caswalitie or sellarie for the Same And Seing he and conseqwentlie the petitioner as now his representative hes the onlie undoubted right to the ordinary Sellarie of the said office for the yeir in which he served And that the same hes not bein2 acclaimed by or payed to any other And the petitioners case calling more then ordinarie for ther Lordships favoure and kindnes his brothers whole stock and more being expended in procureing the said gift without any benefite he being taken away by a Surpriseing feaver And therfore humbly craveing to the effect eftermentioned As the said petitione bears His majesties high Commissioner and the Lords of his majesties privie Counsell Haveing heard this petitione given in to them be the above John Nasmith They heirby referr the same to the Lords Commissioners of his majesties Thesaurie to consider the grounds wherupon the petition is founded And to doe them as they shall find Jwst

Att Edinburgh the second Day of October Jaj vic nyntie six yeirs

D1696/10/41

Order

Reference Nasmith to the Thesaurie

Anent the petitione given in to the Lords of his majesties privie Counsell By John Nasmith apothecarie in Hamiltoun Shewing that wher the deceast Francis Nasmith the petitioners brother haveing in the yeir Jaj vic nyntie thrie procured from the then Secretaries of State ane gift for being one of the thrie ordinarie macers of privie Counsell and exchequer in obtaineing wherof he not onlie expended and Laid out any Litle fortowne he had in the world himself but contracted severall debts which the petitioner as his representative hes bein necessitat Since to transact and pay And his said brother haveing Dureing his life officiat in the said office befor ther Lordships without haveing aither caswalitie or sellarie for the Same And Seing he and conseqwentlie the petitioner as now his representative hes the onlie undoubted right to the ordinary Sellarie of the said office for the yeir in which he served And that the same hes not bein2 acclaimed by or payed to any other And the petitioners case calling more then ordinarie for ther Lordships favoure and kindnes his brothers whole stock and more being expended in procureing the said gift without any benefite he being taken away by a Surpriseing feaver And therfore humbly craveing to the effect eftermentioned As the said petitione bears His majesties high Commissioner and the Lords of his majesties privie Counsell Haveing heard this petitione given in to them be the above John Nasmith They heirby referr the same to the Lords Commissioners of his majesties Thesaurie to consider the grounds wherupon the petition is founded And to doe them as they shall find Jwst

1. NRS, PC2/26, 301v-302r.

2. The letter ‘accla’ scored out here.

1. NRS, PC2/26, 301v-302r.

2. The letter ‘accla’ scored out here.