Author Archives: Philip Ward

Act, 24 September 1703, Edinburgh

Posted on by

Edinburgh the 24th September 1703

D1703/9/171

Act

Act Infavours off James Calender

Annent The petition given in and presented to his Grace Her Majesties high Commissioner And the Lords of Her Majesties privie Councill By James Calender servant to Mr John McKinzie one of the Clerks of Sessione Shewing That Master John McKinzie Being appointed to Clerk the proceedings of the Last Session of parliament The supplicant as his servant was necessitat from tyme to tyme Dureing the whole Session of Four moneths To furnish Doubles off the many overtures and Acts Given in by the Honourable members off parliament and Minuts followeing therupon To His Grace The Lord High Commissioner and most off the officers of state which the petitioner hops was performed with the due Exactness that became But the petitioner being therby not only Considerably exponded he haveing ordinarly six Lads Every night the parliament sat at work And can Document that ther was noe less then 5 or 600 Sheets of peaper writtine on the above account But also lyable to great attendance fatigue and trouble Especially in the night tyme And Therfor Creaving To the effect afftermentioned as the said petition Bears His Grace Her Majesties privie Councill Haveing Considered the above petition given into them by James Calender servitor to Master John McKinzie one of the Clerks of Session And the samen being read in their presence His Grace And the saids Lords Doe heirby Recommend the petitioner To the Lords Commissioners of Her Majesties Theasaury for payment to him off such a soume as may Reimburse him off the Chairges and Expensses he hes been at on the above account And for his Extraordinary attendance Dureing the sitting off the whole Four moneths off the Last Session of parliament.

Edinburgh the 24th September 1703

D1703/9/171

Act

Act Infavours off James Calender

Annent The petition given in and presented to his Grace Her Majesties high Commissioner And the Lords of Her Majesties privie Councill By James Calender servant to Mr John McKinzie one of the Clerks of Sessione Shewing That Master John McKinzie Being appointed to Clerk the proceedings of the Last Session of parliament The supplicant as his servant was necessitat from tyme to tyme Dureing the whole Session of Four moneths To furnish Doubles off the many overtures and Acts Given in by the Honourable members off parliament and Minuts followeing therupon To His Grace The Lord High Commissioner and most off the officers of state which the petitioner hops was performed with the due Exactness that became But the petitioner being therby not only Considerably exponded he haveing ordinarly six Lads Every night the parliament sat at work And can Document that ther was noe less then 5 or 600 Sheets of peaper writtine on the above account But also lyable to great attendance fatigue and trouble Especially in the night tyme And Therfor Creaving To the effect afftermentioned as the said petition Bears His Grace Her Majesties privie Councill Haveing Considered the above petition given into them by James Calender servitor to Master John McKinzie one of the Clerks of Session And the samen being read in their presence His Grace And the saids Lords Doe heirby Recommend the petitioner To the Lords Commissioners of Her Majesties Theasaury for payment to him off such a soume as may Reimburse him off the Chairges and Expensses he hes been at on the above account And for his Extraordinary attendance Dureing the sitting off the whole Four moneths off the Last Session of parliament.

1. NRS, PC2/28, 268v-269r.

1. NRS, PC2/28, 268v-269r.

Act, 24 September 1703, Edinburgh

Posted on by

Edinburgh the 24th September 1703

D1703/9/161

Act

Act Infavours off Charles Steuart of Bigtoun

Annent The petition given in and presented to His Grace Her Majesties High Commissioner And the Lords off Her Majesties privie Councill By Charles Steuart of Bigtoun ther2 Shewing That wher albeit by 43d Act of King James the Seventh Daited the 16th June 1685 Considering the great Distance of the Isleands of Orkney and Zetland from Edinburgh It is stauted and ordained that all Summonds to be Intented againest the Inhabitants of Orkney and Zetland befoir their Lordships or Lords of Session or befoir Commissioners of Justiciary and Letters of Horning and Lauborrowe’s aither upon Decreits or by warrand shall be Execute upon Fourty dayes Yet John Scott of Scottshall Hath out of malice and prejudice and off purpose to Catch advantage of the petitioners iff possible, Chairged the petitioner with Letters of Lauborrowes Raised befoir their Lordships and that within six dayes as also hes insert in the saids Letters Lawrence Steuart Elder of Bigtoun a Man past seventy sex years off age and who is knowen to live peaceably all his dayes And Because the said John Scott knowes that Laurence Bruce off Sumburgh who is Lykewayes a Zetland man would be the petitioners Cautioner the said Scott hes Lykewayes insert him in the Letters wherby to preclud him from being Cautioner And seeing that the forsaid Letters off Lauborrowes Is directly conterary to the Act of parliament and that it appears meer malice in John Scott take out Letters againest any of the petitioners And Therfore Humbly Craving That their Lordships will take the premisses to their consideration And aither Recall and Dischairge the forsaids Letters of Lauborrowes as unwarrantably taken out or otherwayes to allow Suspension therof To pass without Caution or Consignation or at least would allow Laurence Bruce of Sumburgh To be Cautioners for the petitioner the said Charles Steuart or all of us Cautioner one for another and allow a Compleit tyme For that effect suitable to the great distance the saids persones live at and the unfrequencie off occasiones to or from that place And in the mean tyme to sist all Execution on the Chairge allready given to me the said Charles Steuart according to Justice As the said petition bears Which Petition Being upon the Nynth of March last Read in presence of the saids Lords They heirby Sisted all Execution upon the Letters of Lauborrowes Raised at the Instance of John Scott of Scottshall, Againest the petitioner untill the first day of June nixt to Come And in the mean tyme allowes the said John Scott to see and answer the petitione And the said petition being upon the day and date of thir presents Called His Grace Her Majesties high Commissioner and the Lords off Her Majesties privie Councill Haveing Considered the above petition Given into them By Charles Steuart of Bigtoun And the samen being read in their presence His Grace and the saids Lords Doe heirby appoint and ordaine the Gives order and warrant To the Clerks of privie Councill To receave the petitioner and Laurence Bruce of Symburgh ilk and Cautioners for others in ane Suspension off Lauborrowes at their instance against John Scott of Scottshall.

Edinburgh the 24th September 1703

D1703/9/161

Act

Act Infavours off Charles Steuart of Bigtoun

Annent The petition given in and presented to His Grace Her Majesties High Commissioner And the Lords off Her Majesties privie Councill By Charles Steuart of Bigtoun ther2 Shewing That wher albeit by 43d Act of King James the Seventh Daited the 16th June 1685 Considering the great Distance of the Isleands of Orkney and Zetland from Edinburgh It is stauted and ordained that all Summonds to be Intented againest the Inhabitants of Orkney and Zetland befoir their Lordships or Lords of Session or befoir Commissioners of Justiciary and Letters of Horning and Lauborrowe’s aither upon Decreits or by warrand shall be Execute upon Fourty dayes Yet John Scott of Scottshall Hath out of malice and prejudice and off purpose to Catch advantage of the petitioners iff possible, Chairged the petitioner with Letters of Lauborrowes Raised befoir their Lordships and that within six dayes as also hes insert in the saids Letters Lawrence Steuart Elder of Bigtoun a Man past seventy sex years off age and who is knowen to live peaceably all his dayes And Because the said John Scott knowes that Laurence Bruce off Sumburgh who is Lykewayes a Zetland man would be the petitioners Cautioner the said Scott hes Lykewayes insert him in the Letters wherby to preclud him from being Cautioner And seeing that the forsaid Letters off Lauborrowes Is directly conterary to the Act of parliament and that it appears meer malice in John Scott take out Letters againest any of the petitioners And Therfore Humbly Craving That their Lordships will take the premisses to their consideration And aither Recall and Dischairge the forsaids Letters of Lauborrowes as unwarrantably taken out or otherwayes to allow Suspension therof To pass without Caution or Consignation or at least would allow Laurence Bruce of Sumburgh To be Cautioners for the petitioner the said Charles Steuart or all of us Cautioner one for another and allow a Compleit tyme For that effect suitable to the great distance the saids persones live at and the unfrequencie off occasiones to or from that place And in the mean tyme to sist all Execution on the Chairge allready given to me the said Charles Steuart according to Justice As the said petition bears Which Petition Being upon the Nynth of March last Read in presence of the saids Lords They heirby Sisted all Execution upon the Letters of Lauborrowes Raised at the Instance of John Scott of Scottshall, Againest the petitioner untill the first day of June nixt to Come And in the mean tyme allowes the said John Scott to see and answer the petitione And the said petition being upon the day and date of thir presents Called His Grace Her Majesties high Commissioner and the Lords off Her Majesties privie Councill Haveing Considered the above petition Given into them By Charles Steuart of Bigtoun And the samen being read in their presence His Grace and the saids Lords Doe heirby appoint and ordaine the Gives order and warrant To the Clerks of privie Councill To receave the petitioner and Laurence Bruce of Symburgh ilk and Cautioners for others in ane Suspension off Lauborrowes at their instance against John Scott of Scottshall.

1. NRS, PC2/28, 267v-268v.

2. The words ‘of Bigtoun ther’ are an insertion.

1. NRS, PC2/28, 267v-268v.

2. The words ‘of Bigtoun ther’ are an insertion.

Act, 24 September 1703, Edinburgh

Posted on by

Edinburgh the 24th September 1703

D1703/9/151

Act

Act Infavours off the keepers of the parliament house

Annent The petition given in and presented to His Grace Her Majesties High Commissioner And the Lords of Her Majesties privie Councill By David Miller and Thomas Kennady keepers off the parliament house Shewing That where his Grace and Lordships petitioners Haveing been constantly in use To be Recommended By the parliament or your Lordships To the Lords Commissioners off Her Majesties Theasaury for their attendance Dureing the sitting off the parliament and loss they sustained by the sitting therof in tyme off Session in the same way and manner as the Macers uses to be And Therfore Creaving to the effect aftermentioned as the said petition Bears His Grace Her Majesties high Commissioner And the Lords of Her Majesties privie Councill Haveing considered the above petitione Given into them By the above David Miller and Thomas Kennedy And the samen Being read in their presence His Grace and the saids Lords Doe heirby Recommend the petitioners To the Lords Commissioners off Her Majesties Theasaury That their Lordships may grant such suitable allowance to them for ther paines and attendance this and the Last Session off parliament as they shall think fitt.

Edinburgh the 24th September 1703

D1703/9/151

Act

Act Infavours off the keepers of the parliament house

Annent The petition given in and presented to His Grace Her Majesties High Commissioner And the Lords of Her Majesties privie Councill By David Miller and Thomas Kennady keepers off the parliament house Shewing That where his Grace and Lordships petitioners Haveing been constantly in use To be Recommended By the parliament or your Lordships To the Lords Commissioners off Her Majesties Theasaury for their attendance Dureing the sitting off the parliament and loss they sustained by the sitting therof in tyme off Session in the same way and manner as the Macers uses to be And Therfore Creaving to the effect aftermentioned as the said petition Bears His Grace Her Majesties high Commissioner And the Lords of Her Majesties privie Councill Haveing considered the above petitione Given into them By the above David Miller and Thomas Kennedy And the samen Being read in their presence His Grace and the saids Lords Doe heirby Recommend the petitioners To the Lords Commissioners off Her Majesties Theasaury That their Lordships may grant such suitable allowance to them for ther paines and attendance this and the Last Session off parliament as they shall think fitt.

1. NRS, PC2/28, 267v.

1. NRS, PC2/28, 267v.

Act, 24 September 1703, Edinburgh

Posted on by

Edinburgh the 24th September 1703

D1703/9/141

Act

Act Infavours of the servants of Exchequer

Annent The petitione Given in and presented to His Grace Her Majesties High Commissioner and the Lords off Her Majesties privie Councill By The servants in Exchequer Shewing That His Grace and Lordships petitioners ther attendance in tyme off parliament is a great deall more constant and troublesome then in tyme of Session although ther be noe Casualitie goeing which is the only mean of their Livlyhood, On which account His Grace and Lordships are in use to Recommend the petitioners to the Lords off Theasaury for such allowance as their Extraordinary attendance requyres and which accordingly they got And Therfore Creaving To the effect aftermentioned as the said petitione Bears His Grace Her Majesties High Commissioner and the Lords of Her Majesties privie Councill Haveing Considered the above petition given into them by the servants in Exchequer And the samen being read in ther presence His Grace and the saids Lords Doe Heirby Recommend to the petitioners To the Lords of Her Majesties Theasaurie That their Lordships may grant to them such suitable allowance As their Lordships shall think fit for their Extraordinary attendance the Last Session of parliament.

Edinburgh the 24th September 1703

D1703/9/141

Act

Act Infavours of the servants of Exchequer

Annent The petitione Given in and presented to His Grace Her Majesties High Commissioner and the Lords off Her Majesties privie Councill By The servants in Exchequer Shewing That His Grace and Lordships petitioners ther attendance in tyme off parliament is a great deall more constant and troublesome then in tyme of Session although ther be noe Casualitie goeing which is the only mean of their Livlyhood, On which account His Grace and Lordships are in use to Recommend the petitioners to the Lords off Theasaury for such allowance as their Extraordinary attendance requyres and which accordingly they got And Therfore Creaving To the effect aftermentioned as the said petitione Bears His Grace Her Majesties High Commissioner and the Lords of Her Majesties privie Councill Haveing Considered the above petition given into them by the servants in Exchequer And the samen being read in ther presence His Grace and the saids Lords Doe Heirby Recommend to the petitioners To the Lords of Her Majesties Theasaurie That their Lordships may grant to them such suitable allowance As their Lordships shall think fit for their Extraordinary attendance the Last Session of parliament.

1. NRS, PC2/28, 267r-267v.

1. NRS, PC2/28, 267r-267v.

Sederunt, 24 September 1703, Edinburgh

Posted on by

Edinburgh the 24th September 17031

D1703/9/132

Sederunt

Her Majesties Commissioner; Lord Chancellour; Marquis of Annandale P:C:; Duke of Atholl P:S:; Earl of Erroll; Earl of Marr; Earl of Mortoun; Earl of Loudoun; Earl of Finlater; Earl of Leven; Earl of Forfar; Earl of Kintore; Earl of Dunmore; Earl of Stair; Viscount Roseberry; Lord Boill T:D:; Lord Register; Lord Justice Clerk; Lord Aberuchill; Lord Phesdo; Lord Tillecultrie; Mr Fra: Montgomrie; Sherriff off Bute; Laird of Kilbirnie; Laird of Hoptoun; Laird of Prestongrange; Lord Provost of Edinburgh

Edinburgh the 24th September 17031

D1703/9/132

Sederunt

Her Majesties Commissioner; Lord Chancellour; Marquis of Annandale P:C:; Duke of Atholl P:S:; Earl of Erroll; Earl of Marr; Earl of Mortoun; Earl of Loudoun; Earl of Finlater; Earl of Leven; Earl of Forfar; Earl of Kintore; Earl of Dunmore; Earl of Stair; Viscount Roseberry; Lord Boill T:D:; Lord Register; Lord Justice Clerk; Lord Aberuchill; Lord Phesdo; Lord Tillecultrie; Mr Fra: Montgomrie; Sherriff off Bute; Laird of Kilbirnie; Laird of Hoptoun; Laird of Prestongrange; Lord Provost of Edinburgh

1. NRS, PC2/28, 267r.

2. NRS, PC2/28, 267r.

1. NRS, PC2/28, 267r.

2. NRS, PC2/28, 267r.

Act, 20 September 1703, Edinburgh

Posted on by

Edinburgh the 20th September 1703

D1703/9/121

Act

Act Infavours off The Macers of Sessione

Annent The petition given in and presented to His Grace Her Majesties High Commissioner And the Lords off Her Majesties privie Councill By the Four ordinary Macers Befoir the Lords off Councill and Sessione Shewing That wher the petitioners wer at considerable Expensses in furnishing themselves suitably To serve his Grace and parliament and have for along tyme undergone a great daill of pains and fatigue in the service therof And it being the Constant Custome to recommend the petitioners To the Lords Commissioners off Her Majesties Theasaury for ane allowance suitable to their Expensses and pains And Thairfor Creaving To the effect aftermentioned as the said petition bears His Grace her Majesties high Commissioner and the Lords off Her Majesties privie Councill Haveing Considered the above petition Given into them By the Four ordinary Macers befoir the Lords off Councill and Session and the samen Being read in ther presence His Grace and The saids Lords Doe heirby Recommend the petitioner to the Lords Commissioners off Her Majesties Theasaurie To grant to them such allowance as they think fit for ther Expensses In furnishing them selves suitably to serve His Grace Her Majesties High Commissioner and the Estates of Parliament.

Edinburgh the 20th September 1703

D1703/9/121

Act

Act Infavours off The Macers of Sessione

Annent The petition given in and presented to His Grace Her Majesties High Commissioner And the Lords off Her Majesties privie Councill By the Four ordinary Macers Befoir the Lords off Councill and Sessione Shewing That wher the petitioners wer at considerable Expensses in furnishing themselves suitably To serve his Grace and parliament and have for along tyme undergone a great daill of pains and fatigue in the service therof And it being the Constant Custome to recommend the petitioners To the Lords Commissioners off Her Majesties Theasaury for ane allowance suitable to their Expensses and pains And Thairfor Creaving To the effect aftermentioned as the said petition bears His Grace her Majesties high Commissioner and the Lords off Her Majesties privie Councill Haveing Considered the above petition Given into them By the Four ordinary Macers befoir the Lords off Councill and Session and the samen Being read in ther presence His Grace and The saids Lords Doe heirby Recommend the petitioner to the Lords Commissioners off Her Majesties Theasaurie To grant to them such allowance as they think fit for ther Expensses In furnishing them selves suitably to serve His Grace Her Majesties High Commissioner and the Estates of Parliament.

1. NRS, PC2/28, 266v-267r.

1. NRS, PC2/28, 266v-267r.

Act, 20 September 1703, Edinburgh

Posted on by

Edinburgh the 20th September 1703

D1703/9/111

Act

Act Infavours off The Macers off privie Councill

Annent The petition given in and presented to His Grace Her Majesties High Commissioner And the Lords of Her Majesties privie Councill By The Macers of privie Councill Shewing That wher the petitioners wer at considerable Expensses in Furnishing themselves suitable to serve His Grace and parliament And have for a long tyme undergone a great daill of pains, trouble, and Fatigue in the service therof And throw the sitting of the said parliament, The privy Councill, Exchequer and the Commissione For plantatione off Kirks and valuatione off Teinds wer Interrupted From which Judicatories whom the petitioners serves as Macers Ther Casuall subsistance proceeds And it being the constant custome To Recommend the petitioners to the Lords Commissioners off Her Majesties Thesaurie For ane allowance suitable to their Expensses and paines in such caices And Thairfor Creaving to the effect aftermentioned As the said petition Bears His Grace Her Majesties high Commissioner And the Lords off Her Majesties privie Councill Haveing Considered the above petition Given into them By the Macers off privie Councill And the samen being read in their presence His Grace and the saids Lords Doe heirby Recommend To the Lords Commissioners off Her Majesties Theasaurie To grant to the petitioners such allowance as they think fit for ther Expensses In furnishing themselves suitably To serve His Grace Her Majesties high Commissioner and the Estates of parliament.

Edinburgh the 20th September 1703

D1703/9/111

Act

Act Infavours off The Macers off privie Councill

Annent The petition given in and presented to His Grace Her Majesties High Commissioner And the Lords of Her Majesties privie Councill By The Macers of privie Councill Shewing That wher the petitioners wer at considerable Expensses in Furnishing themselves suitable to serve His Grace and parliament And have for a long tyme undergone a great daill of pains, trouble, and Fatigue in the service therof And throw the sitting of the said parliament, The privy Councill, Exchequer and the Commissione For plantatione off Kirks and valuatione off Teinds wer Interrupted From which Judicatories whom the petitioners serves as Macers Ther Casuall subsistance proceeds And it being the constant custome To Recommend the petitioners to the Lords Commissioners off Her Majesties Thesaurie For ane allowance suitable to their Expensses and paines in such caices And Thairfor Creaving to the effect aftermentioned As the said petition Bears His Grace Her Majesties high Commissioner And the Lords off Her Majesties privie Councill Haveing Considered the above petition Given into them By the Macers off privie Councill And the samen being read in their presence His Grace and the saids Lords Doe heirby Recommend To the Lords Commissioners off Her Majesties Theasaurie To grant to the petitioners such allowance as they think fit for ther Expensses In furnishing themselves suitably To serve His Grace Her Majesties high Commissioner and the Estates of parliament.

1. NRS, PC2/28, 266v.

1. NRS, PC2/28, 266v.

Act, 20 September 1703, Edinburgh

Posted on by

Edinburgh the 20th September 1703

D1703/9/101

Act

Act Infavours off Alexander McKinzie of Broomhall

Annent The petition given in and presented to His Grace Her Majesties High Commissioner And the Lords of Her Majesties privie Councill By Alexander McKinzie of Broomhill Shewing That their Lordships petitioner with concurse off Her Majesties Advocat haveing raised a Complaint befoir their Lordships Against John Sinclair off Ratter, William Sinclair his sone and others his accomplices for their violent Invading with armed men and force the Uppertoun and Lands of Stroma pertaining to the petitioner and takeing violent possession therof and beating wounding and thrusting out the petitioners tennents and factors out of the possession therof and doeing many Acts off violence therin Lybled And the petitioner Haveing led a probation off this possession of the saids Lands Which haveing been advysed by their Lordships and found clear and proven The said John Sinclair off Ratter nor any off his accomplices not Compeiring Their Lordships by their Decreit the Eight of Jully Jaj vijc and two Granted certefication againest the deffenders Defenders2 with Letters off Denunciation And ordained the Sheriff off Caithness To put the petitioner and his factors and Tennents into the paceable possessione off the saids Lands and to maintain them them3 therin and accordingly they wer Repossessed and Ratter and his men and accomplices wer Denunced Rebells As the Letters off Denuncation with the Executiones therof duly registrat herewith produced will testify. But the said John Sinclair of Ratter Being resolved upon mischeiff and a Lawless man whom noe Law or Government can bind He is returned to and Renewed his former Acts of violence and continually oppresses molests and Disturbs the petitioner and his Tennents and Factors in the possession off the saids Lands And takeing noe Regaird off their Lordships Decreit He and his former accomplices who are allready Denounced Rebells and others afternamed off new joyned with them Have by violence repossessed them selves and Dispossessed the petitioner and his Tennents and Factors out off the possession off the saids Lands and principall dwelling house therof and Committed many new acts of violence and oppression In soe farr as John Sinclair of Ratter, William Sinclair his son, John Dundass, George Geddes, John Smith, John Rossie, and William Shearer His Tennents and accomplices came upon the Thrid day off May last by past To the Island of Stroma wher the said Uppertoun off Stroma lyes and in the morning of that day they pulled up all the Haill plants that wer in one off the Tennents yairds in the said Uppertoun and threw the plants over the yaird Dyke and in the afternoon the said William Sinclair with the other accomplices forsaid Did come and take away the tennents by force that wer dighting ther Come and Ratter caused his said son William beat Swan Waes one off the said Tennents and also caused them delve Andrew Sinclairs yaird (out of which he hade taken the plants) and the same day Did sew it with bear and in the nixt day he caused the Tennents teill some pairt of the Land that had been formerly sewen and Did sew it ever againe and also the same day he forced the Tennents to tell some other pairt off the Land and sow it with bear Ittem upon upon4 the sexteen day of May last at night The said Lawless man with his Eldest sone John Sinclair, John Brock, George Geddes, William Shearer and William Cowie Came that night and distroyed Swan Waes his plants and killed his doulls and that same night they came to the Neithertoun off Stroma and took Patrick Anderson Anderson5 by force out off this Rigg wherof he was delving his Land and caused him climb the rocks for the Eggs of such sea foulls as frequent there And upon the seventeenth day of the said moneth off May in the morning They came to William Linklaer one of the petitioners Tennents and did violently take away his pot and the same day about Ten aclock they forced the tennents to cast peats to them in the Moss And upon the Eighteen day off the said moneth off May The said Ratters Lady with her said son John and John Dundass Came into the Isle And upon the Nyneteen day the said Ratters sones William and John Sinclairs, William Brock, James Brock, James Shearer, James McBeath, and John Manson Came to the neither toun of Stroma, and did violently take away Two Cows, and a horse out off a yaird wherin they wer put and keeped for security after they wer poinded for Debt from […] Ross one off the Tennents and Syklyke upon the […] day of August last By past The said Lawless man with his Two sones and other associats forsaid Did againe violently invaide the said Island of Stroma and possest himself of the principall dwelling house off the Uppertoun therof And violently take the Tithes of the Cornes off the said upper Toun according as the Tennents did shear the same Day by day And yet still continues To take away the Teind daily off the said Cornes as the Tennents doe shear the same and many other Acts off violence and oppression which are to many to be rehearsed and Continues his possession to this day And when the petitioner and his factors Did make application to the Sherriff off Caithness for redress according to their Lordships orders to him To put and keep us in the paceable possession off the saids Lands yet he refuised to doe the same without further assistance And Therfor the petitioner is necessitat to make application to their Lordships Representing the premisses And that it is impossible for any man To Enjoy his owen property if such Acts of violence and oppression be not restrained and punished as they deserve And Thairfore Creaving His Grace and Lordships In consideration off the said Laufull violence and Contempt of their Lordships authoritie To Recommend to the Commander in Cheiff To give order to the Commander off the Forces nixt adjacent To Fortifie the said sherriffs and the petitioner in dispossessing the Forsaid Ratter and his accomplices out off the saids Lands and houses wher he and his accomplices themselves and reponing the petitioner to his right and possession of boeth As also to fortefie the Execution off any Dilligence compitent to the petitioner upon their Lordships former6 Decreit and that ay and whyll the said Ratter may be not only compelled To desist from all his violences But to repair all the Damnages That the petitioner or his Tennents and servants have Sustained As the said petition bears His Grace Her Majesties high Commissioner And the Lords of Her Majesties privie Councill Haveing considered the above petition Given into them By Sir Alexander McKenzie of Broomhall And the samen being read in their presence His Grace and the saids Lords Doe Heirby Recommend to and appoint and ordaine The Sherriff principall off the sherriffdome off Caithness and his Deputs To Dispossess and Eject, John Sinclair off Ratter and William Sinclair his sone and others his accomplices furth and from the upper Toun and Lands of Stroma and principall dwellings therof pertaining to the petitioner And appoints and ordaines The said sherriff and his Deputs to put the petitioner in possession theroff and to maintain and deffend him therin And if need beis to Call for the posse Comitatus of the Shyre for his assistance from tyme to tyme in the Executione heirof And to see the Dilligence at the petitioners instance against them put to due Executione.

Edinburgh the 20th September 1703

D1703/9/101

Act

Act Infavours off Alexander McKinzie of Broomhall

Annent The petition given in and presented to His Grace Her Majesties High Commissioner And the Lords of Her Majesties privie Councill By Alexander McKinzie of Broomhill Shewing That their Lordships petitioner with concurse off Her Majesties Advocat haveing raised a Complaint befoir their Lordships Against John Sinclair off Ratter, William Sinclair his sone and others his accomplices for their violent Invading with armed men and force the Uppertoun and Lands of Stroma pertaining to the petitioner and takeing violent possession therof and beating wounding and thrusting out the petitioners tennents and factors out of the possession therof and doeing many Acts off violence therin Lybled And the petitioner Haveing led a probation off this possession of the saids Lands Which haveing been advysed by their Lordships and found clear and proven The said John Sinclair off Ratter nor any off his accomplices not Compeiring Their Lordships by their Decreit the Eight of Jully Jaj vijc and two Granted certefication againest the deffenders Defenders2 with Letters off Denunciation And ordained the Sheriff off Caithness To put the petitioner and his factors and Tennents into the paceable possessione off the saids Lands and to maintain them them3 therin and accordingly they wer Repossessed and Ratter and his men and accomplices wer Denunced Rebells As the Letters off Denuncation with the Executiones therof duly registrat herewith produced will testify. But the said John Sinclair of Ratter Being resolved upon mischeiff and a Lawless man whom noe Law or Government can bind He is returned to and Renewed his former Acts of violence and continually oppresses molests and Disturbs the petitioner and his Tennents and Factors in the possession off the saids Lands And takeing noe Regaird off their Lordships Decreit He and his former accomplices who are allready Denounced Rebells and others afternamed off new joyned with them Have by violence repossessed them selves and Dispossessed the petitioner and his Tennents and Factors out off the possession off the saids Lands and principall dwelling house therof and Committed many new acts of violence and oppression In soe farr as John Sinclair of Ratter, William Sinclair his son, John Dundass, George Geddes, John Smith, John Rossie, and William Shearer His Tennents and accomplices came upon the Thrid day off May last by past To the Island of Stroma wher the said Uppertoun off Stroma lyes and in the morning of that day they pulled up all the Haill plants that wer in one off the Tennents yairds in the said Uppertoun and threw the plants over the yaird Dyke and in the afternoon the said William Sinclair with the other accomplices forsaid Did come and take away the tennents by force that wer dighting ther Come and Ratter caused his said son William beat Swan Waes one off the said Tennents and also caused them delve Andrew Sinclairs yaird (out of which he hade taken the plants) and the same day Did sew it with bear and in the nixt day he caused the Tennents teill some pairt of the Land that had been formerly sewen and Did sew it ever againe and also the same day he forced the Tennents to tell some other pairt off the Land and sow it with bear Ittem upon upon4 the sexteen day of May last at night The said Lawless man with his Eldest sone John Sinclair, John Brock, George Geddes, William Shearer and William Cowie Came that night and distroyed Swan Waes his plants and killed his doulls and that same night they came to the Neithertoun off Stroma and took Patrick Anderson Anderson5 by force out off this Rigg wherof he was delving his Land and caused him climb the rocks for the Eggs of such sea foulls as frequent there And upon the seventeenth day of the said moneth off May in the morning They came to William Linklaer one of the petitioners Tennents and did violently take away his pot and the same day about Ten aclock they forced the tennents to cast peats to them in the Moss And upon the Eighteen day off the said moneth off May The said Ratters Lady with her said son John and John Dundass Came into the Isle And upon the Nyneteen day the said Ratters sones William and John Sinclairs, William Brock, James Brock, James Shearer, James McBeath, and John Manson Came to the neither toun of Stroma, and did violently take away Two Cows, and a horse out off a yaird wherin they wer put and keeped for security after they wer poinded for Debt from […] Ross one off the Tennents and Syklyke upon the […] day of August last By past The said Lawless man with his Two sones and other associats forsaid Did againe violently invaide the said Island of Stroma and possest himself of the principall dwelling house off the Uppertoun therof And violently take the Tithes of the Cornes off the said upper Toun according as the Tennents did shear the same Day by day And yet still continues To take away the Teind daily off the said Cornes as the Tennents doe shear the same and many other Acts off violence and oppression which are to many to be rehearsed and Continues his possession to this day And when the petitioner and his factors Did make application to the Sherriff off Caithness for redress according to their Lordships orders to him To put and keep us in the paceable possession off the saids Lands yet he refuised to doe the same without further assistance And Therfor the petitioner is necessitat to make application to their Lordships Representing the premisses And that it is impossible for any man To Enjoy his owen property if such Acts of violence and oppression be not restrained and punished as they deserve And Thairfore Creaving His Grace and Lordships In consideration off the said Laufull violence and Contempt of their Lordships authoritie To Recommend to the Commander in Cheiff To give order to the Commander off the Forces nixt adjacent To Fortifie the said sherriffs and the petitioner in dispossessing the Forsaid Ratter and his accomplices out off the saids Lands and houses wher he and his accomplices themselves and reponing the petitioner to his right and possession of boeth As also to fortefie the Execution off any Dilligence compitent to the petitioner upon their Lordships former6 Decreit and that ay and whyll the said Ratter may be not only compelled To desist from all his violences But to repair all the Damnages That the petitioner or his Tennents and servants have Sustained As the said petition bears His Grace Her Majesties high Commissioner And the Lords of Her Majesties privie Councill Haveing considered the above petition Given into them By Sir Alexander McKenzie of Broomhall And the samen being read in their presence His Grace and the saids Lords Doe Heirby Recommend to and appoint and ordaine The Sherriff principall off the sherriffdome off Caithness and his Deputs To Dispossess and Eject, John Sinclair off Ratter and William Sinclair his sone and others his accomplices furth and from the upper Toun and Lands of Stroma and principall dwellings therof pertaining to the petitioner And appoints and ordaines The said sherriff and his Deputs to put the petitioner in possession theroff and to maintain and deffend him therin And if need beis to Call for the posse Comitatus of the Shyre for his assistance from tyme to tyme in the Executione heirof And to see the Dilligence at the petitioners instance against them put to due Executione.

1. NRS, PC2/28, 264v-266r.

2. Sic.

3. Sic.

4. Sic.

5. Sic.

6. The word ‘former’ is an insertion.

1. NRS, PC2/28, 264v-266r.

2. Sic.

3. Sic.

4. Sic.

5. Sic.

6. The word ‘former’ is an insertion.

Act, 20 September 1703, Edinburgh

Posted on by

Edinburgh the 20th September 1703

D1703/9/91

Act

Act Infavours off Mr James Carnagie of Phinhaven

Annent The petition given in and presented to His Grace Her Majesties High Commissioner And the Lords of Her Majesties privie Councill By Mr James Carnagie of Finhaven Shewing That in the year 1697 Being pursued By Blair off Bethaick a Kinsman upon the mother side To the Laird of Kinfauns for the petitioners countenancing the marriage off the said Laird off Kinfauns (Who a little befoir that time hade been the petitioners puiple) with his owen Daughter The petitioner was imprisoned and fyned in ane Hundereth and Fyftie pound sterling off Expensses To be payed to the Laird off Bethaick now a good tyme Deceased. But the petitioner would not submitt to the sentance He suspended and consigned the soume and therupon was liberat And tho Bethaick lived many years therafter Yet he never called for the Suspension nor made the least insinuation off his designe to lift the money And seeing that fine is neither transacted nor payed by the petitioner But consigned as a Cautioner in the Suspension And that by Her Majesties late gracious indemnity all such fynes not payed or Transacted are Dischairged And that the cause off his fyne was naturall and ordinary and the marriage every way suteable And Thairfore Creaving His Grace and Lordships To ordaine Sir Gilbert Eliot Clerk of Councill To Delyver up to me the forsaid one hundereth and Fyfty pound sterling consigned by the petitioner in manner forsaid As the said petition bears Which petition Being upon the Tenth of Septembre Last Read in their presence His Grace and the saids Lords Heirby appointed the samen To be seen and answered By Bathaick and others concerned nixt Councill Day Which petition Being upon the day and date of thir presents Called His Grace Her Majesties high Commissioner And the Lords of Her Majesties privie Councill Haveing considered the above petition Given into them By Mr James Carnegie of Phinhaven And the samen with ane Instrument off Intimation theroff Made to Mr David Coupar wrytter in Edinburgh As agent for the Laird off Bethaick at least as he who took out a double off the above petition from the Clerks of privy Councill for the behoofe of the present Laird of Bethaick heir to the Deceast Laird off Bethaick or other pairtes concerned Being read in their presence His Grace and the saids Lords Doe heirby appoint and ordain Sir Gilbert Eliot Clerk off Councill To Delyver up to the petitioner the forsaid soume off One Hundered and Fyfty pound sterling Consigned by the petitioner in manner forsaid upon payment off the releiff money and the petitioners Dischairge therof To the said Sir Gilbert Eliot which is heirby Declaired to be ane sufficient Exonouration to him albeit the suspension bearing the consignation be not discust.

Edinburgh the 20th September 1703

D1703/9/91

Act

Act Infavours off Mr James Carnagie of Phinhaven

Annent The petition given in and presented to His Grace Her Majesties High Commissioner And the Lords of Her Majesties privie Councill By Mr James Carnagie of Finhaven Shewing That in the year 1697 Being pursued By Blair off Bethaick a Kinsman upon the mother side To the Laird of Kinfauns for the petitioners countenancing the marriage off the said Laird off Kinfauns (Who a little befoir that time hade been the petitioners puiple) with his owen Daughter The petitioner was imprisoned and fyned in ane Hundereth and Fyftie pound sterling off Expensses To be payed to the Laird off Bethaick now a good tyme Deceased. But the petitioner would not submitt to the sentance He suspended and consigned the soume and therupon was liberat And tho Bethaick lived many years therafter Yet he never called for the Suspension nor made the least insinuation off his designe to lift the money And seeing that fine is neither transacted nor payed by the petitioner But consigned as a Cautioner in the Suspension And that by Her Majesties late gracious indemnity all such fynes not payed or Transacted are Dischairged And that the cause off his fyne was naturall and ordinary and the marriage every way suteable And Thairfore Creaving His Grace and Lordships To ordaine Sir Gilbert Eliot Clerk of Councill To Delyver up to me the forsaid one hundereth and Fyfty pound sterling consigned by the petitioner in manner forsaid As the said petition bears Which petition Being upon the Tenth of Septembre Last Read in their presence His Grace and the saids Lords Heirby appointed the samen To be seen and answered By Bathaick and others concerned nixt Councill Day Which petition Being upon the day and date of thir presents Called His Grace Her Majesties high Commissioner And the Lords of Her Majesties privie Councill Haveing considered the above petition Given into them By Mr James Carnegie of Phinhaven And the samen with ane Instrument off Intimation theroff Made to Mr David Coupar wrytter in Edinburgh As agent for the Laird off Bethaick at least as he who took out a double off the above petition from the Clerks of privy Councill for the behoofe of the present Laird of Bethaick heir to the Deceast Laird off Bethaick or other pairtes concerned Being read in their presence His Grace and the saids Lords Doe heirby appoint and ordain Sir Gilbert Eliot Clerk off Councill To Delyver up to the petitioner the forsaid soume off One Hundered and Fyfty pound sterling Consigned by the petitioner in manner forsaid upon payment off the releiff money and the petitioners Dischairge therof To the said Sir Gilbert Eliot which is heirby Declaired to be ane sufficient Exonouration to him albeit the suspension bearing the consignation be not discust.

1. NRS, PC2/28, 264r-264v.

1. NRS, PC2/28, 264r-264v.

Act, 20 September 1703, Edinburgh

Posted on by

Edinburgh the 20th September 1703

D1703/9/81

Act

Act Infavours off William Baird of Auchmedden

Annent The petition given in and presented To His Grace Her Majesties High Commissioner And the Lords of Her Majesties privie Councill By William Baird of Auchmedden Shewing That wher the Bay off Auchmedden Is one of the largest and most convenient Bay’s upon the north Coast Wher Ships Doe frequently cast their Annkers and ride with saifty And ther is lykewayes withine the same a most convenient harbour upon the petitioners Ground Called the harbour of Pennan Wher the ships and Barks that Trade That way Doe and may open their being surprized by storme or other wayes Have shelter from any stress or danger Ther is lyke wayes ane Minestone quarrie belonging to the petitioner Just beside from which the greatest pairt of the milnes in the Kingdome are served by sea And the said Harbour may be off Excellent use to the whole Kingdome and particularly the northern pairts therof ther being noe harbour near to it The petitioner Hes already Imployed as much as is Convenient for him as a privat man to doe for forwarding this publict good work and cannot possibly bring it to its desired period as their Lordships might easily conceave unless he meet with suteable encuragment therin And seeing His Grace and Lordships have upon all occasiones been ready to help vertuous undertakers Especially when advances are made by privat pairtes themselves and wher the work is of Generall concerne And Thairfor Creaving to the effect aftermentioned as the said petition bears His Grace Her Majesties high Commissioner and the Lords of Her Majesties privie Councill Haveing Considered the within petition given into them By William Baird of Auchmedden And the samen Being read in their presence His Grace and the saids Lords Doe heirby Grant to the petitioner ane volentar Contribution to be Collected within all the paroch Churches off this Kingdome upon such dayes as the petitioner shall appoint after Intimation at the paroch Churches The Sabbath day befoir collecting therof either at the Church doors of the respective paroches or in such other manner off way as shall be concerted and aggreed up by the petitioner And that for building ane Harbour at Pennan And ordaines the said Collection To be payed into John Corser wryter in Edinburgh He allwayes befor Extracting heirof Giveing Bond and finding Sufficient Cautione acted in the books off privie Councell That the Contribution so to be Collected shall be applyed for the end forsaid And that at the sight and by the Direction allwayes off the petitioner The sherriff principall of the sherriffdome off Aberdein or his Deputs.

Edinburgh the 20th September 1703

D1703/9/81

Act

Act Infavours off William Baird of Auchmedden

Annent The petition given in and presented To His Grace Her Majesties High Commissioner And the Lords of Her Majesties privie Councill By William Baird of Auchmedden Shewing That wher the Bay off Auchmedden Is one of the largest and most convenient Bay’s upon the north Coast Wher Ships Doe frequently cast their Annkers and ride with saifty And ther is lykewayes withine the same a most convenient harbour upon the petitioners Ground Called the harbour of Pennan Wher the ships and Barks that Trade That way Doe and may open their being surprized by storme or other wayes Have shelter from any stress or danger Ther is lyke wayes ane Minestone quarrie belonging to the petitioner Just beside from which the greatest pairt of the milnes in the Kingdome are served by sea And the said Harbour may be off Excellent use to the whole Kingdome and particularly the northern pairts therof ther being noe harbour near to it The petitioner Hes already Imployed as much as is Convenient for him as a privat man to doe for forwarding this publict good work and cannot possibly bring it to its desired period as their Lordships might easily conceave unless he meet with suteable encuragment therin And seeing His Grace and Lordships have upon all occasiones been ready to help vertuous undertakers Especially when advances are made by privat pairtes themselves and wher the work is of Generall concerne And Thairfor Creaving to the effect aftermentioned as the said petition bears His Grace Her Majesties high Commissioner and the Lords of Her Majesties privie Councill Haveing Considered the within petition given into them By William Baird of Auchmedden And the samen Being read in their presence His Grace and the saids Lords Doe heirby Grant to the petitioner ane volentar Contribution to be Collected within all the paroch Churches off this Kingdome upon such dayes as the petitioner shall appoint after Intimation at the paroch Churches The Sabbath day befoir collecting therof either at the Church doors of the respective paroches or in such other manner off way as shall be concerted and aggreed up by the petitioner And that for building ane Harbour at Pennan And ordaines the said Collection To be payed into John Corser wryter in Edinburgh He allwayes befor Extracting heirof Giveing Bond and finding Sufficient Cautione acted in the books off privie Councell That the Contribution so to be Collected shall be applyed for the end forsaid And that at the sight and by the Direction allwayes off the petitioner The sherriff principall of the sherriffdome off Aberdein or his Deputs.

1. NRS, PC2/28, 263r-264r.

1. NRS, PC2/28, 263r-264r.