Tag Archives: September

Order, 4 September 1696, Edinburgh

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Att Edinburgh the fourth day of September Jaj vic and nyntie Six yeirs

D1696/9/51

Order

Recomendatione Jean Ruthven

Anent the petitione given in to the Lords of his majesties privie Cownsell be Jean Ruthven Spouse to Mr Ruthven ane native Scottish gentlemen Shewing that wher the petitioner and husband with thrie childrein bowndeing for Belfast in the kingdome of Ireland from Holland with ane intentione to abyde ther five weeks sance or therby were wnfortwnately taken with the Frenches within five or six mylls of Donnichedie And Lost all the Subsistance they had with them upon what purpose or intentione the petitioner knous not they took the petitioners husband with them And Sett the petitioner and her thrie childrein on Shoare upon the accompt as the petitioner Supposed of her childreins makeing a great noise and clamour near to Donnachedie efter they had taken all the petitioners had and She remained ther Some few dayes upon the charitie and good will of good christeans and with all advanced the petitioner money for her transportatione to Scottland All this tyme her husband was captive with the Frenches and She hes gotten no accompt of his Liberatione So that the petitioner was necessitat to come from Ireland to Scottland expecting to Sie him or atleast to hear from him But nether hes She Sein nor heard from him Since Soe that now the petitioner being frustrat of her expectatione She is necessitat with ane sorrowfull heart to goe from hence with her thrie poor childrein to Londone and from thence to Holland the place of her nativitie Supposeing that be the road She might gett more informatione of his Liberatione And in respect of her great necessitie and Loss She is trysted with And therfore Humbly craveing to the effect eftermentioned As the said petitione bears Which petitione being this day red and considered be the Saids Lords of privie Counsell They heirby recomend Sereowsely to the Lords Commissioners of his majesties thesaurie to cause pay to the petitioner Such a Soume as they Shall find expedient to transport her and her childrein owt of the kingdome in respect of ther present necessitie and want and circumstances of her conditione

Att Edinburgh the fourth day of September Jaj vic and nyntie Six yeirs

D1696/9/51

Order

Recomendatione Jean Ruthven

Anent the petitione given in to the Lords of his majesties privie Cownsell be Jean Ruthven Spouse to Mr Ruthven ane native Scottish gentlemen Shewing that wher the petitioner and husband with thrie childrein bowndeing for Belfast in the kingdome of Ireland from Holland with ane intentione to abyde ther five weeks sance or therby were wnfortwnately taken with the Frenches within five or six mylls of Donnichedie And Lost all the Subsistance they had with them upon what purpose or intentione the petitioner knous not they took the petitioners husband with them And Sett the petitioner and her thrie childrein on Shoare upon the accompt as the petitioner Supposed of her childreins makeing a great noise and clamour near to Donnachedie efter they had taken all the petitioners had and She remained ther Some few dayes upon the charitie and good will of good christeans and with all advanced the petitioner money for her transportatione to Scottland All this tyme her husband was captive with the Frenches and She hes gotten no accompt of his Liberatione So that the petitioner was necessitat to come from Ireland to Scottland expecting to Sie him or atleast to hear from him But nether hes She Sein nor heard from him Since Soe that now the petitioner being frustrat of her expectatione She is necessitat with ane sorrowfull heart to goe from hence with her thrie poor childrein to Londone and from thence to Holland the place of her nativitie Supposeing that be the road She might gett more informatione of his Liberatione And in respect of her great necessitie and Loss She is trysted with And therfore Humbly craveing to the effect eftermentioned As the said petitione bears Which petitione being this day red and considered be the Saids Lords of privie Counsell They heirby recomend Sereowsely to the Lords Commissioners of his majesties thesaurie to cause pay to the petitioner Such a Soume as they Shall find expedient to transport her and her childrein owt of the kingdome in respect of ther present necessitie and want and circumstances of her conditione

1. NRS, PC2/26, 282v-283v.

1. NRS, PC2/26, 282v-283v.

Act, 4 September 1696, Edinburgh

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Att Edinburgh the fourth day of September Jaj vic and nyntie Six yeirs

D1696/9/41

Act

Act and Remitt The Earle of Southerland

Anent the petitione given in to the Lords of his majesties privie Counsell Be George Earle of Southerland Shewing That wher by ther Lordships act of the date the eight of Augwst Jaj vic nyntie five yeirs The Two Thowsand punds appointed by ther Lordships to be payed to the petitioners doughter the deceast Viscount of Arbuthnet for alimenting her childrein the said yeir Jaj vic nyntie five was ordained to be payed to the petitioner as her executor and keeper of the childrein in maner mentioned in the said act herwith prodwced As Likewayes ther Lordships act of the fourth of Febrwary Jaj vic nyntie Six, ther was eight Hundereth merks modified to be payed to the petitioner for the present Viscounts bed and board allenarly As the said wther act also prodwced bears. Notwithstanding wherof Alexander Arbwthnot tutor refwsed to pay five Hundereth merks yet resting of the Thrie thousand merks As alsoe he refwses to make payment or grant any allowance for the present Viscounts cloaths School fies and servants waiges And of other accompts and necessars furnished to him besydes his bed and board which for tyme past will amount to the Soume of Four Hundereth pwnd Besydes the said Five hundered Merks And owght aither to be modified or otherwayes setled for the tyme to come That the petitioner may not be pwtt to any actione for everie Litle necessarie advance that Shall be made for the Viscount As Likewayes the said twtor ought to deliver to the petitioner the said Viscownt his chamber fwrniture bed table etc which he wrongowsely keeps up And therfor humblie craveing ther Lordships in prosecution of what they have alreadie Done to ordaine the said tutor to pay to the petitioner the said five hundereth merks resting as said is As also the foirsaids other Soumes advanced of necessars for The Viscount As Likewayes to delyver up to the petitioner the foirsaid chamber furniture And withall aither to modifie or sett Downe Some other rwle wherby the said Viscount his other necessaries besyde without furder process As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Counsell And ansuers therto be way of petitione for the tutor of Arbuthnot they allow the Earle to insist for payment of the five Hundereth merks upon the former acts of Counsell And recomends to the Lords of Counsell And recomends to the Lords of Counsell and Sessione to determine in and discuss the haill remanent points contained in the said petitione and ansuers both as to bygone necessars and in tyme comeing And that Summarly without necessitie of abideing the ordinarie Course of the roll

Att Edinburgh the fourth day of September Jaj vic and nyntie Six yeirs

D1696/9/41

Act

Act and Remitt The Earle of Southerland

Anent the petitione given in to the Lords of his majesties privie Counsell Be George Earle of Southerland Shewing That wher by ther Lordships act of the date the eight of Augwst Jaj vic nyntie five yeirs The Two Thowsand punds appointed by ther Lordships to be payed to the petitioners doughter the deceast Viscount of Arbuthnet for alimenting her childrein the said yeir Jaj vic nyntie five was ordained to be payed to the petitioner as her executor and keeper of the childrein in maner mentioned in the said act herwith prodwced As Likewayes ther Lordships act of the fourth of Febrwary Jaj vic nyntie Six, ther was eight Hundereth merks modified to be payed to the petitioner for the present Viscounts bed and board allenarly As the said wther act also prodwced bears. Notwithstanding wherof Alexander Arbwthnot tutor refwsed to pay five Hundereth merks yet resting of the Thrie thousand merks As alsoe he refwses to make payment or grant any allowance for the present Viscounts cloaths School fies and servants waiges And of other accompts and necessars furnished to him besydes his bed and board which for tyme past will amount to the Soume of Four Hundereth pwnd Besydes the said Five hundered Merks And owght aither to be modified or otherwayes setled for the tyme to come That the petitioner may not be pwtt to any actione for everie Litle necessarie advance that Shall be made for the Viscount As Likewayes the said twtor ought to deliver to the petitioner the said Viscownt his chamber fwrniture bed table etc which he wrongowsely keeps up And therfor humblie craveing ther Lordships in prosecution of what they have alreadie Done to ordaine the said tutor to pay to the petitioner the said five hundereth merks resting as said is As also the foirsaids other Soumes advanced of necessars for The Viscount As Likewayes to delyver up to the petitioner the foirsaid chamber furniture And withall aither to modifie or sett Downe Some other rwle wherby the said Viscount his other necessaries besyde without furder process As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Counsell And ansuers therto be way of petitione for the tutor of Arbuthnot they allow the Earle to insist for payment of the five Hundereth merks upon the former acts of Counsell And recomends to the Lords of Counsell And recomends to the Lords of Counsell and Sessione to determine in and discuss the haill remanent points contained in the said petitione and ansuers both as to bygone necessars and in tyme comeing And that Summarly without necessitie of abideing the ordinarie Course of the roll

1. NRS, PC2/26, 281v-282v.

1. NRS, PC2/26, 281v-282v.

Sederunt, 4 September 1696, Edinburgh

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Att Edinburgh the fourth day of September Jaj vic and nyntie Six yeirs1

D1696/9/32

Sederunt

Lord Chancellor; Duke of Qweensberry; Earl of Twlliebardine; Earl of Morton; Earl of Lothian; Lord John Hamilton; Lord Ruthven; Lord Advocat; Lord Philliphaugh; Lord Anstruther; Laird of Cessnock; Laird of Balhousie

Att Edinburgh the fourth day of September Jaj vic and nyntie Six yeirs1

D1696/9/32

Sederunt

Lord Chancellor; Duke of Qweensberry; Earl of Twlliebardine; Earl of Morton; Earl of Lothian; Lord John Hamilton; Lord Ruthven; Lord Advocat; Lord Philliphaugh; Lord Anstruther; Laird of Cessnock; Laird of Balhousie

1. NRS, PC2/26, 281v.

2. NRS, PC2/26, 281v.

1. NRS, PC2/26, 281v.

2. NRS, PC2/26, 281v.

Act, 3 September 1696, Edinburgh

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Att Edinburgh the third day of September Jaj vic nyntie Six yeirs

D1696/9/21

Act

Act Mr Charles Falconer

Anent the petitione given in to the Lords of his majesties privie Counsell be Mr Charles Fallconer Chirurgion That wher his name is wnhappielie insert in the List of Captaine Eveys accomplices contained in ther Lordships proclamatione for seazeing and apprehending him and them wher they may be fownd The plaine trwth of his caise is Shorlly Thws That the petitioner was engadged and imployed as chirurgion in ane English Shipp with thrie others being come upon a privat adventure to Corona in Spaine ther happened a wicked combinatione and conspiracie amongest the companyes of the Saids Shipps consisting of Diverse nationes to which the petitioner was not in the Least privie nor had he any knouledge of it untill it breakes owt as followes Viz that one night the petitioner was in the Cabine with the Said Captaine Gibsone anointing his temples because of a litle indispositione with the oyll of amber when George Drapper the Captains Servant come in and reparted that the Irish were come to man and take away the Shipp by force which was imediatly Seconded by a cry from aboard and the cabine door Shutt wherby the Captaine and the said George Draper and John Divan and the petitioner himself were kept as prisoners but the noise increasceing and gwns fireing from the Shoar and neighboureing vessells The petitioner Satt Downe to read on his bible by candlelight But the Captaine Saying that the light would give ane aim for the Shott they heard from the Shoar The Candle was removed And the Shotts continueing the petitioner moved to the Captaine that it were fitt that he had the Dressings and plate fwrme readie Least any of ther men Should be wounded which the Captaine haveing ordered the petitioner knocked at the cabine door and called from within to Lett owt the chirurgione And then he with John Divan went Downe to the hold and ordered the pate furime and dressing but one calling they were carieing away the Shipp And that Captaine Gibsone was goeing ashoar The petitioner ansuered that he would goe with him and goeing to the chirurgions cabine the petitioner took owt of his chist Some cloathes and money and threw Downe the key to John Divan and desyred him to take what was in his chist if he Should not Sie him againe And then went to the great cabine to goe ashoar with Captaine Gibsone But Some meeting him told him he must stay and made him goe on the qwarter deck And in the mean tyme others called wher is the doctor (for so they named the petitioner) Secure him and in this they were soe earnest that they went with pistolls and searched for him in the boatt wher the Captaine was entered untill They called againe from the Shipp that the petitioner was Still aboard And in the meantyme The rabble was cutt and the Shipp wnder Saill All which Captaine Gibsone if returned to England uill declaire upon oath And furder because the petitioner was plainly Surprized and forced as said is Captaine Every who happened to command the Shipp that was seazed gave the petitioner a certificat at his desyre declaireing he was caried away and detained by force Dureing the tyme he was aboard As the said certificat therwith prodwced bears Lykeas so soon as the petitioner arryved in Brittaine he went Straight to London hopeing to have gott himself cleared by Captaine Gibsone But finding that he was gone to the straits he resolved qwietly to waite his retwrne And Seing that this narrative is the plaine trweth attested as above And which Captaine Gibsone will certainly confirme And furder that the petitioners very imployment as chirurgione may satisfie all that, that company would not pairt with him a persone So necessary in the daingers they were resolved to rwn And that the petitioner would be als Litle allowed by them to have any hand in ther violent and hazardows attempts And Lastly that he can purge himself by his great oath that he was whollie innocent both of the first force and all that enswed And the petitioners is therupon willing to render himself into ther Lordships protectione and Justice And therfor humblie craveing to the effect eftermentioned as the said petitione bears The Saids Lords of his majesties privie Counsell Haveing considered the above petitione they heirby grant ther protectione to the petitioner And discharges All and everie persone ordered to execute the proclamatione emitted against the pirratt Every and his accomplices to Seaze upon trouble or molest the said Mr Charles notwithstanding that his name be insert in the proclamatione emitted against Captaine Every and his accomplices In respect the petitioner hes given bond and fownd Sufficient cautione acted in the books of privie Counsell that he Shall appeare befor the saids Lords of privie Cownsell and ansuer when called wnder the penalty of Ane Thowsand merks Scotts money

Att Edinburgh the third day of September Jaj vic nyntie Six yeirs

D1696/9/21

Act

Act Mr Charles Falconer

Anent the petitione given in to the Lords of his majesties privie Counsell be Mr Charles Fallconer Chirurgion That wher his name is wnhappielie insert in the List of Captaine Eveys accomplices contained in ther Lordships proclamatione for seazeing and apprehending him and them wher they may be fownd The plaine trwth of his caise is Shorlly Thws That the petitioner was engadged and imployed as chirurgion in ane English Shipp with thrie others being come upon a privat adventure to Corona in Spaine ther happened a wicked combinatione and conspiracie amongest the companyes of the Saids Shipps consisting of Diverse nationes to which the petitioner was not in the Least privie nor had he any knouledge of it untill it breakes owt as followes Viz that one night the petitioner was in the Cabine with the Said Captaine Gibsone anointing his temples because of a litle indispositione with the oyll of amber when George Drapper the Captains Servant come in and reparted that the Irish were come to man and take away the Shipp by force which was imediatly Seconded by a cry from aboard and the cabine door Shutt wherby the Captaine and the said George Draper and John Divan and the petitioner himself were kept as prisoners but the noise increasceing and gwns fireing from the Shoar and neighboureing vessells The petitioner Satt Downe to read on his bible by candlelight But the Captaine Saying that the light would give ane aim for the Shott they heard from the Shoar The Candle was removed And the Shotts continueing the petitioner moved to the Captaine that it were fitt that he had the Dressings and plate fwrme readie Least any of ther men Should be wounded which the Captaine haveing ordered the petitioner knocked at the cabine door and called from within to Lett owt the chirurgione And then he with John Divan went Downe to the hold and ordered the pate furime and dressing but one calling they were carieing away the Shipp And that Captaine Gibsone was goeing ashoar The petitioner ansuered that he would goe with him and goeing to the chirurgions cabine the petitioner took owt of his chist Some cloathes and money and threw Downe the key to John Divan and desyred him to take what was in his chist if he Should not Sie him againe And then went to the great cabine to goe ashoar with Captaine Gibsone But Some meeting him told him he must stay and made him goe on the qwarter deck And in the mean tyme others called wher is the doctor (for so they named the petitioner) Secure him and in this they were soe earnest that they went with pistolls and searched for him in the boatt wher the Captaine was entered untill They called againe from the Shipp that the petitioner was Still aboard And in the meantyme The rabble was cutt and the Shipp wnder Saill All which Captaine Gibsone if returned to England uill declaire upon oath And furder because the petitioner was plainly Surprized and forced as said is Captaine Every who happened to command the Shipp that was seazed gave the petitioner a certificat at his desyre declaireing he was caried away and detained by force Dureing the tyme he was aboard As the said certificat therwith prodwced bears Lykeas so soon as the petitioner arryved in Brittaine he went Straight to London hopeing to have gott himself cleared by Captaine Gibsone But finding that he was gone to the straits he resolved qwietly to waite his retwrne And Seing that this narrative is the plaine trweth attested as above And which Captaine Gibsone will certainly confirme And furder that the petitioners very imployment as chirurgione may satisfie all that, that company would not pairt with him a persone So necessary in the daingers they were resolved to rwn And that the petitioner would be als Litle allowed by them to have any hand in ther violent and hazardows attempts And Lastly that he can purge himself by his great oath that he was whollie innocent both of the first force and all that enswed And the petitioners is therupon willing to render himself into ther Lordships protectione and Justice And therfor humblie craveing to the effect eftermentioned as the said petitione bears The Saids Lords of his majesties privie Counsell Haveing considered the above petitione they heirby grant ther protectione to the petitioner And discharges All and everie persone ordered to execute the proclamatione emitted against the pirratt Every and his accomplices to Seaze upon trouble or molest the said Mr Charles notwithstanding that his name be insert in the proclamatione emitted against Captaine Every and his accomplices In respect the petitioner hes given bond and fownd Sufficient cautione acted in the books of privie Counsell that he Shall appeare befor the saids Lords of privie Cownsell and ansuer when called wnder the penalty of Ane Thowsand merks Scotts money

1. NRS, PC2/26, 279v-281v.

1. NRS, PC2/26, 279v-281v.

Sederunt, 3 September 1696, Edinburgh

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Att Edinburgh the third day of September Jaj vic nyntie Six yeirs1

D1696/9/12

Sederunt

Lord Chancellor; Duke of Qweensberry; Earl of Morton; Earl of Lothian; Lord Murray; Lord John Hamilton; Lord Ruthven; Lord Advocat; Lord Anstruther; Lord Rankeillor; Laird of Cessnock

Att Edinburgh the third day of September Jaj vic nyntie Six yeirs1

D1696/9/12

Sederunt

Lord Chancellor; Duke of Qweensberry; Earl of Morton; Earl of Lothian; Lord Murray; Lord John Hamilton; Lord Ruthven; Lord Advocat; Lord Anstruther; Lord Rankeillor; Laird of Cessnock

1. NRS, PC2/26, 279v.

2. NRS, PC2/26, 279v.

1. NRS, PC2/26, 279v.

2. NRS, PC2/26, 279v.

Act, 6 September 1694 (pm), Edinburgh

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Eodem die [6 September 1694], Post Meridiem

D1694/9/121

Act

Act Androw Browne

Anent a Petition given in to the Lords of their majesties privy Councill, be Androw Brown Barber Periwigmaker burges of Edinburgh Shewing That the petitioner haveing been apprentice to a barber periwigmaker after expyreing of his indenters he ingadged as a Servant with one Captaine Douglas in […] regiement to Traim and dress him for ten pounds Sterling of yearly fie, Who Imediatly upon my entering his service Clapt the petitioner up prisoner in the Castle of Edinburgh and knowing the petitioner would apply for redress he hurried the petitioner thence to Blackness wher falling sick he was detained in great hazard and miserie and at last turned out of doors and instead of his fie was left to shift for himself after his recovery he maried at Edinburgh Wher he hade keept familly and a publict Chope upon the high street of the toune And now being informed that some of the officers of their Majesties forces and particularly Captain Veitch is watching to sease the petitioner as a deserter albeit he never ingadged received money nor Caried armes as a Souldier the petitioner is necessitate to Lurk and abscond himself Liveing his familly in a most destitute caise untill he make this his address to the saids Lords And seing the petitioner is this wrongeously oppressed Contrair to all Lawes divine and humane and to the acts of parliament of this kingdome and the saids Lords proclamationes of Councill And Therfore Humbly the saids Lords to Consider his caice and to Grant protectione to him that he might follow his affairs and Lawfull Calling without Disturbance And to Discharge the said Captaine Veitch or any others to trouble or molest him upon the above pretext or upon any other pretext quhatsomever Otherwayes then be order of Law and Justice And to recomend to Sir Thomas Livingstoune Commander in Cheif of their majesties forces within this kingdome to see this order receive punctuall obedience as the petitione bears The Lords of their majesties privy Councill haveing Considered this petitione given in to them be Androw Brown barber They heirby Recomend to Sir Thomas Liveingstoune Commander in Cheif of their majesties forces within this kingdome and Sir John Hall of Dunglass Lord provest of Edinburgh to Call for and hear the parties concerned and authorizes them to doe in the above matter as they shall find Just And in the mean time grants protectione to the petitioner that he may follow his affairs and lawfull Calling without Disturbance and Discharges the above Captaine Veitch or any other to trouble or molest him upon the above pretext or any other pretext whatsomever, Otherwayes then be order of Law and Justice untill the above Comittie pronunce sentance in the said matter.

Eodem die [6 September 1694], Post Meridiem

D1694/9/121

Act

Act Androw Browne

Anent a Petition given in to the Lords of their majesties privy Councill, be Androw Brown Barber Periwigmaker burges of Edinburgh Shewing That the petitioner haveing been apprentice to a barber periwigmaker after expyreing of his indenters he ingadged as a Servant with one Captaine Douglas in […] regiement to Traim and dress him for ten pounds Sterling of yearly fie, Who Imediatly upon my entering his service Clapt the petitioner up prisoner in the Castle of Edinburgh and knowing the petitioner would apply for redress he hurried the petitioner thence to Blackness wher falling sick he was detained in great hazard and miserie and at last turned out of doors and instead of his fie was left to shift for himself after his recovery he maried at Edinburgh Wher he hade keept familly and a publict Chope upon the high street of the toune And now being informed that some of the officers of their Majesties forces and particularly Captain Veitch is watching to sease the petitioner as a deserter albeit he never ingadged received money nor Caried armes as a Souldier the petitioner is necessitate to Lurk and abscond himself Liveing his familly in a most destitute caise untill he make this his address to the saids Lords And seing the petitioner is this wrongeously oppressed Contrair to all Lawes divine and humane and to the acts of parliament of this kingdome and the saids Lords proclamationes of Councill And Therfore Humbly the saids Lords to Consider his caice and to Grant protectione to him that he might follow his affairs and Lawfull Calling without Disturbance And to Discharge the said Captaine Veitch or any others to trouble or molest him upon the above pretext or upon any other pretext quhatsomever Otherwayes then be order of Law and Justice And to recomend to Sir Thomas Livingstoune Commander in Cheif of their majesties forces within this kingdome to see this order receive punctuall obedience as the petitione bears The Lords of their majesties privy Councill haveing Considered this petitione given in to them be Androw Brown barber They heirby Recomend to Sir Thomas Liveingstoune Commander in Cheif of their majesties forces within this kingdome and Sir John Hall of Dunglass Lord provest of Edinburgh to Call for and hear the parties concerned and authorizes them to doe in the above matter as they shall find Just And in the mean time grants protectione to the petitioner that he may follow his affairs and lawfull Calling without Disturbance and Discharges the above Captaine Veitch or any other to trouble or molest him upon the above pretext or any other pretext whatsomever, Otherwayes then be order of Law and Justice untill the above Comittie pronunce sentance in the said matter.

1. NRS, PC2/25, 62r-62v.

1. NRS, PC2/25, 62r-62v.

Act, 6 September 1694 (pm), Edinburgh

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Eodem die [6 September 1694], Post Meridiem

D1694/9/111

Act

Act James Scot

Anent a Petition given in to the Lords of their majesties privy Councill be James Scot pentherer burges of Glasgow shewing That the petitioner being not only ane tradsman burges but also ane heritor in the burgh of Glasgow and was never a souldier nor ingadged nor took money for that effect, yet true it is that the petitioner was taken out of his bed and Caried away be Captaine […] Baillie one of the Captaines in Coll Douglas his regiement and have been these fiftein dayes bygone keeped prisoner in the guard both at Prestone wher he 2 then was and other places since the regiement Marched from Glasgow, And seing it is against Law and Justice and ther Lordships acts and proclamationes that ane person should be thus violenced especially ane heritor And Therfore Humbly Craveing the saids Lords to take the petitioners case to their Consideratione and to ordaine the petitioner to be Sett at Libertie and to grant warrand for citeing of the Captaine to Compeir before their Lordships to answer for his violence 3 and misdamenor and if the saids Lords should think fitt he was content to find Cautione to answer for what the said Captaine Baillie hade to lay to his Charge as the petition bears The Lords of their Majesties privy Councill haveing Considered the above petitione given in to them be the above James Scot They heirby Recomend to Mr Francis Montgomry of Giffan and Sir John Maxwell of Pollock or any of them to call for and hear both the petitioner and the above Captaine or others concerned and authorizes them or any of them to doe in the above matter as they shall find Just.

Eodem die [6 September 1694], Post Meridiem

D1694/9/111

Act

Act James Scot

Anent a Petition given in to the Lords of their majesties privy Councill be James Scot pentherer burges of Glasgow shewing That the petitioner being not only ane tradsman burges but also ane heritor in the burgh of Glasgow and was never a souldier nor ingadged nor took money for that effect, yet true it is that the petitioner was taken out of his bed and Caried away be Captaine […] Baillie one of the Captaines in Coll Douglas his regiement and have been these fiftein dayes bygone keeped prisoner in the guard both at Prestone wher he 2 then was and other places since the regiement Marched from Glasgow, And seing it is against Law and Justice and ther Lordships acts and proclamationes that ane person should be thus violenced especially ane heritor And Therfore Humbly Craveing the saids Lords to take the petitioners case to their Consideratione and to ordaine the petitioner to be Sett at Libertie and to grant warrand for citeing of the Captaine to Compeir before their Lordships to answer for his violence 3 and misdamenor and if the saids Lords should think fitt he was content to find Cautione to answer for what the said Captaine Baillie hade to lay to his Charge as the petition bears The Lords of their Majesties privy Councill haveing Considered the above petitione given in to them be the above James Scot They heirby Recomend to Mr Francis Montgomry of Giffan and Sir John Maxwell of Pollock or any of them to call for and hear both the petitioner and the above Captaine or others concerned and authorizes them or any of them to doe in the above matter as they shall find Just.

1. NRS, PC2/25, 61v-62r.

2. The word ‘now’ scored out here.

3. The words ‘as the saids Lor’ scored out here.

1. NRS, PC2/25, 61v-62r.

2. The word ‘now’ scored out here.

3. The words ‘as the saids Lor’ scored out here.

Act, 6 September 1694 (pm), Edinburgh

Posted on by

Eodem die [6 September 1694], Post Meridiem

D1694/9/101

Act

Act The Members of the Manufactorie at New Mylnes

Anent the petition given in to the Lords of their Majesties privy Councill be James Nicolsone and George Clerk Junior and William Blackwoods merchants in Edinburgh thrie of the members and present Managers of the Woolnmanufactory at Newmylnes for themselves and in name and behalf of the wholl members and incorporation of the said manufactory Shewing That wheras their Majesties with advice and Consent of the estates of parliament be their act dated the 2 fourtein3 day of June Jaj vjc nyntie thrie years Have Declaired the said manufactory at Newmylnes to have the priviledges of ane free manufactory Conforme to the prior acts of parliament made in favors of manufactories and amongst severall other priviledges liberties and Immunities particularly mentioned in the said act It is therby statute and Ordained that the stock of the said manufactory and profitts therof and all lands and others accquired for the use of the same and houses built or to be built theron should be free of all Cesses, Supplies taxationes excyss or other publict burdeins Imposed dureing the Space of Twentie one years after the date of the said act and that the saids lands and housses with the wholl inhabitants therof should be free of all quartering of souldiers either Locall or Transient and of Levieing of Souldiers dureing the standing of the said Manufactory and least any questione might arise whither the Lands of Newmylnes were any part of the stock of the said manufactory or accquired for the use therof So as to have the benefite of the forsaid exemptione It is expressly Enacted and ordained by the same act of parliament That the Lands of Newmylnes and housses accquired and the housses and others built or to be built theron should remaine in all time comeing as motified for carieing on the said work, Wherby It is evident that the said Lands and housses are Declaired to be acquired for the use of the same as the said act heirwith produced verifies, notwithstanding wherof The said incorporatione and Lands therto belonging was appointed by the Commissioners of the shire of Haddingtoune To Concurr with Robert Yeaman portioner of Nungate and David Forrest of Gunersmylne in the Outreiking of the souldiers lately raised Conforme to the act of Parliament and act of Secret Councill for their majesties service, And taxed for that effect, Wherupon David Maxwell master of the said manufactory at Newmylnes for himself and in name of the said4 incorporatione protested against the said Robert Yeaman and David Forrest, That the said manufactory and lands and housses therto belonging Ought not to be Lyable in the Outreiking of any Souldiers In respect they were exempted be the said act of parliament that they may sustaine no prejudice therthrow any maner of way as ane instrument and protestatione therupon under the hand of Robert Patersone nottar dated the seventein day of May last Jaj vjc nyntie four years heirwith verifies By which It is evident that as the said manufactory and lands therto belonging have been allready troubled for the Causes forsaid So they might be troubled and Imposed upon in time comeing for outreiking of the Militia and other Souldiers which shall hapen to be raised for their Majesties service Unles the saids Lords grant them ane act and warrand for secureing against the same in time comeing And Therfore Humbly Craveing the saids Lords to take the premissses to their serious Consideratione and in obedience and Conforme to the forsaid act of parliament Grant their act and warrand to the said incorporatione of the forsaid Woollen Manufactorie at Newmuylne for freeing and exeeming of the said wholl incorporatione of the said manufactorie and all the lands and housses therto belonging with the haill inhabitants therof from all outreiking of any militia brother souldiers Levied or to be Levied, and from the payment of any money and fractiones to that effect And that for the forsaid space of Twentie one years after the date of the said act of parliament and for that effect to prohibit and discharge the shireff of the shire or his deputs and the Commissioners of assessment and all others within the said shire of Haddington haveing power to proportion divyde and Lay on the said Militia or Souldiers or any taxatione to that effect within the said shire from laying on and allocating to the said manufactory any part of the burdein for raiseing of the said militia or souldiers dureing the space forsaid of the said act of parliament as the petition bears The Lords of their Majesties privy Councill haveing Considered this petitione given in to them be the above members and present managers of the woolen Manufactorie at New Milnes with the act of parliament and instrument or protestatione both mentioned therin and produced therwith They heirby Declair In favors of the siad incorporatione of the above woolen Manufactory or New-Mylnes That the wholl incorporatione of the Said Manufactory and all the 5 Lands and housses therto belonging and the inhabitants therof are free and exeemed from all Outreiking of any militia or other souldiers Levied or to be Levied and from the payment of any money and fractiones to that effect and that for the forsaid space of twentie one years after the date of the said act of parliament and for that effect doe heirby prohibit and Discharge the shireff of the shire or his deputs and the Commissioners of assessment and all others within the shire of Haddingtoune haveing power to proportione Divyde and Lay on the said militia or souldiers or any exactione to that effect within the said shire from Laying on and allocating to the said manufactory any part of the burden for raiseing of the said Militia or Souldiers dureing the space forsaid of the said act of parliament.

Eodem die [6 September 1694], Post Meridiem

D1694/9/101

Act

Act The Members of the Manufactorie at New Mylnes

Anent the petition given in to the Lords of their Majesties privy Councill be James Nicolsone and George Clerk Junior and William Blackwoods merchants in Edinburgh thrie of the members and present Managers of the Woolnmanufactory at Newmylnes for themselves and in name and behalf of the wholl members and incorporation of the said manufactory Shewing That wheras their Majesties with advice and Consent of the estates of parliament be their act dated the 2 fourtein3 day of June Jaj vjc nyntie thrie years Have Declaired the said manufactory at Newmylnes to have the priviledges of ane free manufactory Conforme to the prior acts of parliament made in favors of manufactories and amongst severall other priviledges liberties and Immunities particularly mentioned in the said act It is therby statute and Ordained that the stock of the said manufactory and profitts therof and all lands and others accquired for the use of the same and houses built or to be built theron should be free of all Cesses, Supplies taxationes excyss or other publict burdeins Imposed dureing the Space of Twentie one years after the date of the said act and that the saids lands and housses with the wholl inhabitants therof should be free of all quartering of souldiers either Locall or Transient and of Levieing of Souldiers dureing the standing of the said Manufactory and least any questione might arise whither the Lands of Newmylnes were any part of the stock of the said manufactory or accquired for the use therof So as to have the benefite of the forsaid exemptione It is expressly Enacted and ordained by the same act of parliament That the Lands of Newmylnes and housses accquired and the housses and others built or to be built theron should remaine in all time comeing as motified for carieing on the said work, Wherby It is evident that the said Lands and housses are Declaired to be acquired for the use of the same as the said act heirwith produced verifies, notwithstanding wherof The said incorporatione and Lands therto belonging was appointed by the Commissioners of the shire of Haddingtoune To Concurr with Robert Yeaman portioner of Nungate and David Forrest of Gunersmylne in the Outreiking of the souldiers lately raised Conforme to the act of Parliament and act of Secret Councill for their majesties service, And taxed for that effect, Wherupon David Maxwell master of the said manufactory at Newmylnes for himself and in name of the said4 incorporatione protested against the said Robert Yeaman and David Forrest, That the said manufactory and lands and housses therto belonging Ought not to be Lyable in the Outreiking of any Souldiers In respect they were exempted be the said act of parliament that they may sustaine no prejudice therthrow any maner of way as ane instrument and protestatione therupon under the hand of Robert Patersone nottar dated the seventein day of May last Jaj vjc nyntie four years heirwith verifies By which It is evident that as the said manufactory and lands therto belonging have been allready troubled for the Causes forsaid So they might be troubled and Imposed upon in time comeing for outreiking of the Militia and other Souldiers which shall hapen to be raised for their Majesties service Unles the saids Lords grant them ane act and warrand for secureing against the same in time comeing And Therfore Humbly Craveing the saids Lords to take the premissses to their serious Consideratione and in obedience and Conforme to the forsaid act of parliament Grant their act and warrand to the said incorporatione of the forsaid Woollen Manufactorie at Newmuylne for freeing and exeeming of the said wholl incorporatione of the said manufactorie and all the lands and housses therto belonging with the haill inhabitants therof from all outreiking of any militia brother souldiers Levied or to be Levied, and from the payment of any money and fractiones to that effect And that for the forsaid space of Twentie one years after the date of the said act of parliament and for that effect to prohibit and discharge the shireff of the shire or his deputs and the Commissioners of assessment and all others within the said shire of Haddington haveing power to proportion divyde and Lay on the said Militia or Souldiers or any taxatione to that effect within the said shire from laying on and allocating to the said manufactory any part of the burdein for raiseing of the said militia or souldiers dureing the space forsaid of the said act of parliament as the petition bears The Lords of their Majesties privy Councill haveing Considered this petitione given in to them be the above members and present managers of the woolen Manufactorie at New Milnes with the act of parliament and instrument or protestatione both mentioned therin and produced therwith They heirby Declair In favors of the siad incorporatione of the above woolen Manufactory or New-Mylnes That the wholl incorporatione of the Said Manufactory and all the 5 Lands and housses therto belonging and the inhabitants therof are free and exeemed from all Outreiking of any militia or other souldiers Levied or to be Levied and from the payment of any money and fractiones to that effect and that for the forsaid space of twentie one years after the date of the said act of parliament and for that effect doe heirby prohibit and Discharge the shireff of the shire or his deputs and the Commissioners of assessment and all others within the shire of Haddingtoune haveing power to proportione Divyde and Lay on the said militia or souldiers or any exactione to that effect within the said shire from Laying on and allocating to the said manufactory any part of the burden for raiseing of the said Militia or Souldiers dureing the space forsaid of the said act of parliament.

1. NRS, PC2/25, 59v-61r.

2. The word ‘fifteinth’ scored out here.

3. Th Insertion.

4. Insertion.

5. The words ‘inhabitants therof’ scored out here.

1. NRS, PC2/25, 59v-61r.

2. The word ‘fifteinth’ scored out here.

3. Th Insertion.

4. Insertion.

5. The words ‘inhabitants therof’ scored out here.

Act, 6 September 1694 (pm), Edinburgh

Posted on by

Eodem die [6 September 1694], Post Meridiem

D1694/9/91

Act

Act Secker and Shaw and others

Anent the petitione given in to the Lords of their Majesties privy Councill be William Seckter and Thomas Shaw servitors to James Lumsdean Archibald Kellies and James Morgen servitors to William Fyfe in Stramoir Lowis Masson sone to John Masson in Tittubutie Lauchlan Stewart servitor to Robert Clerk in Stoniefoord and John Ramsay servitor to John Caddell in Boghead Shewing That wher they are Conveened to answer before ther Lordships with James Lumsdean as accomplices with him in a deforcement quherof he stands accused before their Lordships at the instance of George Gordone messenger The Truth is that the petitioners being but simple men knowing nothing of these matters were at first desyred by the said James Lumsdean to stay at home as if the petitioners appearance hade been needless, and it was suficient that he appeared for the petitioners quhich they too readily trusted Since they hade done nothing in that affair, But by his oun order But understanding that their Lordships have admitted Certificatione against them as if Contumacious They are now come to make heir appearance and to be reponed against the same, And with all are very willing and ready to Declair before the saids Lords ingeniously all their accessione to or past in the said deforcement and to come in their Lordships will to which the petitioners in all humility present this submissione And Therfore Humbly Craveing the saids Lords to repone the petitioners against the said Certificatione and to accept of this their humble submissione And (if ther Lordships thought fitt) To cause examine them upon the wholl matter Lybelled Since they are ready to make a free Confessione Togither with this their humble Submissione as the petitione bears The Lords of their Majesties privy Councill Haveing Considered the above petitione They heirby Repone the petitioners against the Certificatione pronunced be the saids Lords upon the process raised at the instance of the above George Gordon against them dated the seventh day of august last and allowes them to suspend and relax without Caution or Consignatione

Eodem die [6 September 1694], Post Meridiem

D1694/9/91

Act

Act Secker and Shaw and others

Anent the petitione given in to the Lords of their Majesties privy Councill be William Seckter and Thomas Shaw servitors to James Lumsdean Archibald Kellies and James Morgen servitors to William Fyfe in Stramoir Lowis Masson sone to John Masson in Tittubutie Lauchlan Stewart servitor to Robert Clerk in Stoniefoord and John Ramsay servitor to John Caddell in Boghead Shewing That wher they are Conveened to answer before ther Lordships with James Lumsdean as accomplices with him in a deforcement quherof he stands accused before their Lordships at the instance of George Gordone messenger The Truth is that the petitioners being but simple men knowing nothing of these matters were at first desyred by the said James Lumsdean to stay at home as if the petitioners appearance hade been needless, and it was suficient that he appeared for the petitioners quhich they too readily trusted Since they hade done nothing in that affair, But by his oun order But understanding that their Lordships have admitted Certificatione against them as if Contumacious They are now come to make heir appearance and to be reponed against the same, And with all are very willing and ready to Declair before the saids Lords ingeniously all their accessione to or past in the said deforcement and to come in their Lordships will to which the petitioners in all humility present this submissione And Therfore Humbly Craveing the saids Lords to repone the petitioners against the said Certificatione and to accept of this their humble submissione And (if ther Lordships thought fitt) To cause examine them upon the wholl matter Lybelled Since they are ready to make a free Confessione Togither with this their humble Submissione as the petitione bears The Lords of their Majesties privy Councill Haveing Considered the above petitione They heirby Repone the petitioners against the Certificatione pronunced be the saids Lords upon the process raised at the instance of the above George Gordon against them dated the seventh day of august last and allowes them to suspend and relax without Caution or Consignatione

1. NRS, PC2/25, 58v-59r.

1. NRS, PC2/25, 58v-59r.

Act, 6 September 1694 (pm), Edinburgh

Posted on by

Eodem die [6 September 1694], Post Meridiem

D1694/9/81

Act

Act The Presbytrie of Pearth

Anent the petition given in to the Lords of their Majesties privy Councill be Mr Robert Andersone Moderator of the presbytrie of Pearth for himself and the remanent brethren Shewing That wher the Church of Methven becomeing vaccant by the Decease of Mr John Omay, The Laird of Methven and some other of the heritors and parishinors appeared willing to have the Church plainted and for that end David Smith brother to Methven presented to the presbytrie a Call by severall heritors and parishioners to Mr William Moncreiff quhich the presbytrie accepted off as a Consent, But in regaird ther was not ane eldership in the parish found it necessary that ane eldership should be first settled and then getting a second Call from the said elders and heritors to the same Mr Moncreiff They proceided to ordaine and setle the said Mr William minister of the said Church, and yet notwithstanding the Laird of Mathven, turneing ane Dissenter he or some others who are in ane understanding with them keep up the keyes of the said kirk and refuse them both to the said Mr William and Likewayes to the presbytry Contrary to all Law and ther Lordships former acts and ordinance And Therfore humbly Craveing the saids Lords would ordaine the Laird of Methven or the havers of the saids keyes to deliver up the same Immediatly to the said Mr William Moncreiff or any other haveing the presbytries order and to sufer the said kirk to be patent, Or Otherwayes that incaice they refuse to authorize and Comand the shireff depute of preach or any two of the Commissioners of Supply to use the kings keyes and make the said Church patent for the use and service of the parish as the petition bears The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above Mr Robert Andersone moderator of the presbytrie of Pearth for himself and the remanent bretheren, with another be severeall of the heritors and elders of the parochin of Methven They heirby Decerne and Ordaine Patrick Smith of Methven to exhibit and deliver up the same to the above Mr William Moncreiff And suffer the said kirk to be patent And Ordaines letters of horning under the signet of Councill to be direct upon fiftein dayes against the havers of the saids keyes to be particularly Condescended on in the letters of horning and other executions in forme as effeirs.

Eodem die [6 September 1694], Post Meridiem

D1694/9/81

Act

Act The Presbytrie of Pearth

Anent the petition given in to the Lords of their Majesties privy Councill be Mr Robert Andersone Moderator of the presbytrie of Pearth for himself and the remanent brethren Shewing That wher the Church of Methven becomeing vaccant by the Decease of Mr John Omay, The Laird of Methven and some other of the heritors and parishinors appeared willing to have the Church plainted and for that end David Smith brother to Methven presented to the presbytrie a Call by severall heritors and parishioners to Mr William Moncreiff quhich the presbytrie accepted off as a Consent, But in regaird ther was not ane eldership in the parish found it necessary that ane eldership should be first settled and then getting a second Call from the said elders and heritors to the same Mr Moncreiff They proceided to ordaine and setle the said Mr William minister of the said Church, and yet notwithstanding the Laird of Mathven, turneing ane Dissenter he or some others who are in ane understanding with them keep up the keyes of the said kirk and refuse them both to the said Mr William and Likewayes to the presbytry Contrary to all Law and ther Lordships former acts and ordinance And Therfore humbly Craveing the saids Lords would ordaine the Laird of Methven or the havers of the saids keyes to deliver up the same Immediatly to the said Mr William Moncreiff or any other haveing the presbytries order and to sufer the said kirk to be patent, Or Otherwayes that incaice they refuse to authorize and Comand the shireff depute of preach or any two of the Commissioners of Supply to use the kings keyes and make the said Church patent for the use and service of the parish as the petition bears The Lords of their Majesties privy Councill haveing Considered this petition given in to them be the above Mr Robert Andersone moderator of the presbytrie of Pearth for himself and the remanent bretheren, with another be severeall of the heritors and elders of the parochin of Methven They heirby Decerne and Ordaine Patrick Smith of Methven to exhibit and deliver up the same to the above Mr William Moncreiff And suffer the said kirk to be patent And Ordaines letters of horning under the signet of Councill to be direct upon fiftein dayes against the havers of the saids keyes to be particularly Condescended on in the letters of horning and other executions in forme as effeirs.

1. NRS, PC2/25, 58r-58v.

1. NRS, PC2/25, 58r-58v.