Author Archives: Philip Ward

Act, 20 September 1703, Edinburgh

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Edinburgh the 20th September 1703

D1703/9/71

Act

Act Infavours off Kenneth McKinzie of Cromarty

Annent The petition given in and presented to His Grace Her Majesties High Commissioner And the Lords of her Majesties privy Councill By Mr Kenneth McKenzie off Cromarty Shewing That wher as It is nottarly knowen That Comerty is the place wher most of the tradeing ships of this nation resort to for schelter in tyme off stress And that a great quantity of the victuall that comes to the south is their loadned The want off a Convenient harbour for loadning and Shelter To a great loss and Damnadge to the Leidges And Thairfor Creaving That His Grace and Lordships will allow a voluntar and publict contribution to be made And recommend to the Lords of Theasaurie To give some vaccand steepends For building ane Harbour in the Forsaid place for the end above represented as the said petition bears2 His Grace Her Majesties High Commissioner and the Lords of Her Majesties privie Councill Haveing considered the above petition Giveing into them By Master Kenneth McKinzie off Cromarty And the samen Being read in their presence His Grace and the saids Lords Doe heirby grant to the petitioners ane voluntary Contribution to be collected within all the paroch Churches off this Kingdome upon such dayes as the petitioners shall appoint after Intimation at the paroch churches the sabbath day befor collecting therof either at the Church doors off the respective paroches or in such other manner as shall be concerted and aggreed upon by the petitioner and that for building ane Harbour at Cromarty And ordaines the said Collection to be payed into Alexander Davidson nottar in Cromarty He allwayes befoir extracting heirof Giveing Bond and finding Sufficient Caution acted in the Books of privie Councill That the Contribution sua to be collected shall be applyed to the end forsaid and that at the sight and by direction allwayes off the petitioner.

Edinburgh the 20th September 1703

D1703/9/71

Act

Act Infavours off Kenneth McKinzie of Cromarty

Annent The petition given in and presented to His Grace Her Majesties High Commissioner And the Lords of her Majesties privy Councill By Mr Kenneth McKenzie off Cromarty Shewing That wher as It is nottarly knowen That Comerty is the place wher most of the tradeing ships of this nation resort to for schelter in tyme off stress And that a great quantity of the victuall that comes to the south is their loadned The want off a Convenient harbour for loadning and Shelter To a great loss and Damnadge to the Leidges And Thairfor Creaving That His Grace and Lordships will allow a voluntar and publict contribution to be made And recommend to the Lords of Theasaurie To give some vaccand steepends For building ane Harbour in the Forsaid place for the end above represented as the said petition bears2 His Grace Her Majesties High Commissioner and the Lords of Her Majesties privie Councill Haveing considered the above petition Giveing into them By Master Kenneth McKinzie off Cromarty And the samen Being read in their presence His Grace and the saids Lords Doe heirby grant to the petitioners ane voluntary Contribution to be collected within all the paroch Churches off this Kingdome upon such dayes as the petitioners shall appoint after Intimation at the paroch churches the sabbath day befor collecting therof either at the Church doors off the respective paroches or in such other manner as shall be concerted and aggreed upon by the petitioner and that for building ane Harbour at Cromarty And ordaines the said Collection to be payed into Alexander Davidson nottar in Cromarty He allwayes befoir extracting heirof Giveing Bond and finding Sufficient Caution acted in the Books of privie Councill That the Contribution sua to be collected shall be applyed to the end forsaid and that at the sight and by direction allwayes off the petitioner.

1. NRS, PC2/28, 262v-263r.

2. The phrase ‘as the said petition bears’ is an insertion.

1. NRS, PC2/28, 262v-263r.

2. The phrase ‘as the said petition bears’ is an insertion.

Act, 20 September 1703, Edinburgh

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Edinburgh the 20th September 1703

D1703/9/61

Act

Act Infavours of James Earle of Galloway and others

Annent The petition given in and presented to His Grace Her Majesties High Commissioner And the Lords of her Majesties privie Councill By James Earle of Galloway William Viscount of Kenmure and John Viscount of Stair for themselves and in name and behalfe of the whole other Remanent Inhabitants withine the Sherriffdome of Galloway and Steuartry of Kircudbright Shewing That wher the watter of Dee in the said Steuartry Being ane great and Impetous River scarce passable even in the Drought of Summer and not without the greatest of hazerd The same not being Foordable But in one place Called the Blackfoord of Dee which is at leist Tuelf Miles Distant from any other passage or Lodging when stopt in their way wherby Travellers are oft put to the greatest danger and Extreamity And this being the most frequented and near Road for all Travellers from Ireland To England and from Galloway, To Edinburgh, Drumfries and all other southern places in this Kingdome and more Especially for the Droves of Cattell which sustain great loss and damnadge in such a dangerous passage And that ther being no other method that can be taken To remove such a parilous Inconveniencie Then by building ane Brige over the said River Which will prove soe Expensive as that (2without the bountyfull assisstance of those who may charitably regaird such ane universall good work The same can never be attempted And Thairfor Creaving his Grace and Honourable privie Councill To grant warrand and allowance for ane volentar Contributione through out this Kingdome for building ane bridge over the said River Being the only mean to secure Commerce and the saifty off poor Travellers as the said petition bears3 His Grace Her Majesties high Commissioner and the Lords of Her Majesties privie Councill Haveing considered the above petition given into them by James Earle of Galloway, William Viscount of Kenmuir and John Viscount of Stair for themselves and in name and behalfe of the whole remanent Inhabitants off the Sherriffdome off Galloway and steuarty of Kirkcudbright And the samen being read in their presence His Grace and the saids Lords Doe heirby grant to the petitioners ane volentar Contribution To be collected within all the paroch Churches upon this syde of the watter of Forth upon such dayes as the petitioners 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 as shall be conserted and aggreed upon by the petitioners And that for building ane Bridge over the River of Dee near that place called the Blackfoord And ordaines the said Collection to be payed to Mr Andrew Ewart Minister at Kells He allwayes extracting heirof Giveing Bond and find Sufficient Caution acted in the Books of privie Councill That the Contribution soe to be Collected shall be applyed to the end forsaid and that at the sight and by Direction of the petitioners.

Edinburgh the 20th September 1703

D1703/9/61

Act

Act Infavours of James Earle of Galloway and others

Annent The petition given in and presented to His Grace Her Majesties High Commissioner And the Lords of her Majesties privie Councill By James Earle of Galloway William Viscount of Kenmure and John Viscount of Stair for themselves and in name and behalfe of the whole other Remanent Inhabitants withine the Sherriffdome of Galloway and Steuartry of Kircudbright Shewing That wher the watter of Dee in the said Steuartry Being ane great and Impetous River scarce passable even in the Drought of Summer and not without the greatest of hazerd The same not being Foordable But in one place Called the Blackfoord of Dee which is at leist Tuelf Miles Distant from any other passage or Lodging when stopt in their way wherby Travellers are oft put to the greatest danger and Extreamity And this being the most frequented and near Road for all Travellers from Ireland To England and from Galloway, To Edinburgh, Drumfries and all other southern places in this Kingdome and more Especially for the Droves of Cattell which sustain great loss and damnadge in such a dangerous passage And that ther being no other method that can be taken To remove such a parilous Inconveniencie Then by building ane Brige over the said River Which will prove soe Expensive as that (2without the bountyfull assisstance of those who may charitably regaird such ane universall good work The same can never be attempted And Thairfor Creaving his Grace and Honourable privie Councill To grant warrand and allowance for ane volentar Contributione through out this Kingdome for building ane bridge over the said River Being the only mean to secure Commerce and the saifty off poor Travellers as the said petition bears3 His Grace Her Majesties high Commissioner and the Lords of Her Majesties privie Councill Haveing considered the above petition given into them by James Earle of Galloway, William Viscount of Kenmuir and John Viscount of Stair for themselves and in name and behalfe of the whole remanent Inhabitants off the Sherriffdome off Galloway and steuarty of Kirkcudbright And the samen being read in their presence His Grace and the saids Lords Doe heirby grant to the petitioners ane volentar Contribution To be collected within all the paroch Churches upon this syde of the watter of Forth upon such dayes as the petitioners 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 as shall be conserted and aggreed upon by the petitioners And that for building ane Bridge over the River of Dee near that place called the Blackfoord And ordaines the said Collection to be payed to Mr Andrew Ewart Minister at Kells He allwayes extracting heirof Giveing Bond and find Sufficient Caution acted in the Books of privie Councill That the Contribution soe to be Collected shall be applyed to the end forsaid and that at the sight and by Direction of the petitioners.

1. NRS, PC2/28, 262r-262v.

2. Closing bracket apparently omitted.

3. The phrase ‘as the said petition bears’ is an insertion.

1. NRS, PC2/28, 262r-262v.

2. Closing bracket apparently omitted.

3. The phrase ‘as the said petition bears’ is an insertion.

Sederunt, 20 September 1703, Edinburgh

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Edinburgh the 20th September 17031

D1703/9/52

Sederunt

Her Majesties Commissioner; Lord Chancellour; Marquis of Annandale P:C:; Marquis of Atholl P:S:; Earl of Cromartie S:; Earl of Erroll; Earl of Marr; Earl of Mortoun; Earl of Galloway; Earl of Loudoun; Earl of Findlatter; Earl of Leven; Earl of Northesk; Earl of Forfar; Earl of Kintore; Viscount Rosberry; Lord Boyll T:D:; Lord President of Session; Lord Register; Lord Advocat; Lord Phesdo; Lord Tillicultrie; Livet General Ramsay; Mr Fran: Montgomrie; Laird of Collingtoun; Sherriff of Bute; Laird of Kilbirnie; Lord Provest of Edinburgh

Edinburgh the 20th September 17031

D1703/9/52

Sederunt

Her Majesties Commissioner; Lord Chancellour; Marquis of Annandale P:C:; Marquis of Atholl P:S:; Earl of Cromartie S:; Earl of Erroll; Earl of Marr; Earl of Mortoun; Earl of Galloway; Earl of Loudoun; Earl of Findlatter; Earl of Leven; Earl of Northesk; Earl of Forfar; Earl of Kintore; Viscount Rosberry; Lord Boyll T:D:; Lord President of Session; Lord Register; Lord Advocat; Lord Phesdo; Lord Tillicultrie; Livet General Ramsay; Mr Fran: Montgomrie; Laird of Collingtoun; Sherriff of Bute; Laird of Kilbirnie; Lord Provest of Edinburgh

1. NRS, PC2/28, 262r.

2. NRS, PC2/28, 262r.

1. NRS, PC2/28, 262r.

2. NRS, PC2/28, 262r.

Act, 15 September 1703, Edinburgh

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Halyroodhouse the 15th September 1703

D1703/9/41

Act

Act Infavours of The Magistrats and Toun Councill off Kirkcaldie

Annent The petition given in and presented To His Grace Her Majesties High Commissioner and the Lords of Her Majesties privie By the Magistrats and Toun Councill of Kirkcaldy Elected at Michallmess Jaj vijc and two years Shewing That their Lordships By their act Daited in December Jaj vijc and two yeirs Haveing found the Election off their petitioners at Michaelmess last To have been null and Declaired the quorum that Elected them incapable and appointed a new Election for the reasones contained in their Lordships said Act and ordinance And accordingly there haveing been all dutifull obediance given therunto and that now they doe not doubt His Grace and their Lordships will be fully satisfied To have them reported to their former offices and that the said Act and all that followed therupon shall have not Farder effect And that the first Election at Michaellmess last be confirmed and ratified by their Lordships sentence And Therfor Humbly Creaving His Grace and their Lordships would be pleased to repone their petitioners againest the said Act and Sentance wherby their Election was rendered void and their petitioners Declaired incapable and repone them to the Exercise off their offices as Elected at Michaelmess last Declairing their said Act and sentance to have no further effect from this tyme forward As the said petition bears Which petition Being upon the Tenth day off September instant Read in presence off and Considered by His Grace Her Majesties High Commissioner And the Lords off Her Majesties privie Councill They appointed the same To be seen and answered By the Magistrats presently in office within the Burgh off Kirkcaldy Againest Wedensday nixt peremptorie being the Fyfteenth Instant And appointed The petitioners To Intimat the same personally to the Earle off Leven Baillies Whytt and Jaffray in Kirkcaldy and that betuixt and the said day Which being accordingly Intimat to the Magistrats and Clerk of the said Burgh off Kirkcaldy They gave in the answers following viz Answers For David Earle off Leven, Provest of Kirkcaldy John Whytt and James Jaffray Baillies off the said Burgh To a petition presented To His Grace Her Majesties High Commissioner, and Remanent Lords of Her Majesties privie Councill By certain persones pretending to have been Elected magistrats and Councellors off the said Burgh at Michaelmess Last Jaj vijc and two years The petitioners Did at first present a supplication To His Grace Her Majesties High Commissioner and the Honourable Estates of parliament Full of clamer and noise and stuft with callumnious alleadgencies and gross representationes off matters off fact Wherin also they hold the boldness in amost presumptieous manner To arraign The Lords off Her Majesties privie Councill as guilty off arbitrary proceedings Equall to any which occurred in the rigne off the late King James Now they offer a petition To His Grace Her Majesties High Commissioner and the Lords off Her Majesties privie Councill Complaining off a great many hardships put upon them by their Lordships And Creaving that His Grace and their Lordships would repon them againest the Decreit and sentance off the Lords of privie Councill Wherby their pretended Election at Michaelmess Jaj vijc and Two was Declaired void and null and the petitioners Declaired incapable To Elect or be Elected Magistrats and Councellors of the Burgh for that year And that they might be Reponed to the Exercise off their offices as Laufullie Elected at Michaellmess last And that the Forsaid Decreit off Councill Wherby anew Election off the Magistrats and Councill off the said Burgh was authorized may be rescinded and Declaired void and null In answer wherunto The present Magistrats Humbly represented That is practise off the petitioners is preposterous without a president for unto this very day noe man ever yet pretended By a petition to overturn a sentance of a Soveragine Court (Such as the privie Councill) Farr less a Solemn Decreit upon along Debeat iff any such thing hath been attempted It was allwayes thought necessary For that effect to raise and Execute a Summonds under the signet Secundo By noe Law in the world Can a person be condemned or punished untill he be Laufullie Called and have opportunity to answer for himself yet the petitioner (though they have Intimat their petition only to the provest and Baillies) urge that the Dean of Gild, Thesaurer and haill Councill off the said Burgh To whom neither citation is given nor Intimation made may be depryved off their offices though neither Called nor heard and the petitioners reponed to their pretended offices notwithstanding of the forsaid Solemn Decreit for these reasones The present Magistrats Humbly conceave that they wer not bound To make any answer to the Additionall reasones subjoyned to the petition Thought it could easily be Demonstrat Thatt all of them are either irrelivent or fals in a matter of Fact And they judged themselves weell secuired By a solemn Decreet off privie Councill Which can never be overturned upon pretence off Iniquity or hardships without weakning the authoritie and deference due to the Decreits off that soveraigne Court, making pleas endless and louseing the security off all the Leidges founded upon the Decreits off that Honourable Court far less in this preposterous and unheard off method, Reduceing Decreits in Foro by a bill not soe much as Intimat to the pairtes principally concerned as the answers bears His Grace Her Majesties high Commissioner And the Lords of Her Majesties privie Councill Haveing this day againe Considered the said petition given into them By the Magistrats and Toun Councill of Kirkcaldy Elected at Michaellmess Jaj vijc and two years With the saids answers therto By David Earle of Leven provest off Kirkcaldy, John Whytt, and James Jaffry Baillies off the said Burgh And the samen being read in their presence His Grace and the saids Lords Have Dischairged and heirby Dischairges the sentance of privie Councill Incapacitating the petitioners off the date the First day off December Jaj vijc and two years And have Reponed and heirby Repones the petitioners to their respective offices within the said Burgh off Kirkcaldy as Elected at Michaelmess last With power to them to Exerce ther respective offices withine the said burgh off Kirkcaldy Sykelyke and in the samen manner as they did or might have done befoir the said sentance.

Halyroodhouse the 15th September 1703

D1703/9/41

Act

Act Infavours of The Magistrats and Toun Councill off Kirkcaldie

Annent The petition given in and presented To His Grace Her Majesties High Commissioner and the Lords of Her Majesties privie By the Magistrats and Toun Councill of Kirkcaldy Elected at Michallmess Jaj vijc and two years Shewing That their Lordships By their act Daited in December Jaj vijc and two yeirs Haveing found the Election off their petitioners at Michaelmess last To have been null and Declaired the quorum that Elected them incapable and appointed a new Election for the reasones contained in their Lordships said Act and ordinance And accordingly there haveing been all dutifull obediance given therunto and that now they doe not doubt His Grace and their Lordships will be fully satisfied To have them reported to their former offices and that the said Act and all that followed therupon shall have not Farder effect And that the first Election at Michaellmess last be confirmed and ratified by their Lordships sentence And Therfor Humbly Creaving His Grace and their Lordships would be pleased to repone their petitioners againest the said Act and Sentance wherby their Election was rendered void and their petitioners Declaired incapable and repone them to the Exercise off their offices as Elected at Michaelmess last Declairing their said Act and sentance to have no further effect from this tyme forward As the said petition bears Which petition Being upon the Tenth day off September instant Read in presence off and Considered by His Grace Her Majesties High Commissioner And the Lords off Her Majesties privie Councill They appointed the same To be seen and answered By the Magistrats presently in office within the Burgh off Kirkcaldy Againest Wedensday nixt peremptorie being the Fyfteenth Instant And appointed The petitioners To Intimat the same personally to the Earle off Leven Baillies Whytt and Jaffray in Kirkcaldy and that betuixt and the said day Which being accordingly Intimat to the Magistrats and Clerk of the said Burgh off Kirkcaldy They gave in the answers following viz Answers For David Earle off Leven, Provest of Kirkcaldy John Whytt and James Jaffray Baillies off the said Burgh To a petition presented To His Grace Her Majesties High Commissioner, and Remanent Lords of Her Majesties privie Councill By certain persones pretending to have been Elected magistrats and Councellors off the said Burgh at Michaelmess Last Jaj vijc and two years The petitioners Did at first present a supplication To His Grace Her Majesties High Commissioner and the Honourable Estates of parliament Full of clamer and noise and stuft with callumnious alleadgencies and gross representationes off matters off fact Wherin also they hold the boldness in amost presumptieous manner To arraign The Lords off Her Majesties privie Councill as guilty off arbitrary proceedings Equall to any which occurred in the rigne off the late King James Now they offer a petition To His Grace Her Majesties High Commissioner and the Lords off Her Majesties privie Councill Complaining off a great many hardships put upon them by their Lordships And Creaving that His Grace and their Lordships would repon them againest the Decreit and sentance off the Lords of privie Councill Wherby their pretended Election at Michaelmess Jaj vijc and Two was Declaired void and null and the petitioners Declaired incapable To Elect or be Elected Magistrats and Councellors of the Burgh for that year And that they might be Reponed to the Exercise off their offices as Laufullie Elected at Michaellmess last And that the Forsaid Decreit off Councill Wherby anew Election off the Magistrats and Councill off the said Burgh was authorized may be rescinded and Declaired void and null In answer wherunto The present Magistrats Humbly represented That is practise off the petitioners is preposterous without a president for unto this very day noe man ever yet pretended By a petition to overturn a sentance of a Soveragine Court (Such as the privie Councill) Farr less a Solemn Decreit upon along Debeat iff any such thing hath been attempted It was allwayes thought necessary For that effect to raise and Execute a Summonds under the signet Secundo By noe Law in the world Can a person be condemned or punished untill he be Laufullie Called and have opportunity to answer for himself yet the petitioner (though they have Intimat their petition only to the provest and Baillies) urge that the Dean of Gild, Thesaurer and haill Councill off the said Burgh To whom neither citation is given nor Intimation made may be depryved off their offices though neither Called nor heard and the petitioners reponed to their pretended offices notwithstanding of the forsaid Solemn Decreit for these reasones The present Magistrats Humbly conceave that they wer not bound To make any answer to the Additionall reasones subjoyned to the petition Thought it could easily be Demonstrat Thatt all of them are either irrelivent or fals in a matter of Fact And they judged themselves weell secuired By a solemn Decreet off privie Councill Which can never be overturned upon pretence off Iniquity or hardships without weakning the authoritie and deference due to the Decreits off that soveraigne Court, making pleas endless and louseing the security off all the Leidges founded upon the Decreits off that Honourable Court far less in this preposterous and unheard off method, Reduceing Decreits in Foro by a bill not soe much as Intimat to the pairtes principally concerned as the answers bears His Grace Her Majesties high Commissioner And the Lords of Her Majesties privie Councill Haveing this day againe Considered the said petition given into them By the Magistrats and Toun Councill of Kirkcaldy Elected at Michaellmess Jaj vijc and two years With the saids answers therto By David Earle of Leven provest off Kirkcaldy, John Whytt, and James Jaffry Baillies off the said Burgh And the samen being read in their presence His Grace and the saids Lords Have Dischairged and heirby Dischairges the sentance of privie Councill Incapacitating the petitioners off the date the First day off December Jaj vijc and two years And have Reponed and heirby Repones the petitioners to their respective offices within the said Burgh off Kirkcaldy as Elected at Michaelmess last With power to them to Exerce ther respective offices withine the said burgh off Kirkcaldy Sykelyke and in the samen manner as they did or might have done befoir the said sentance.

1. NRS, PC2/28, 260v-261v.

1. NRS, PC2/28, 260v-261v.

Sederunt, 15 September 1703, Edinburgh

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Halyroodhouse the 15th September 17031

D1703/9/32

Sederunt

Her Majesties Commissioner; Lord Chancellour; Marquis of Annandale P:C:; Marquis of Atholl P:S:; Earl of Crafourd; Earl of Erroll; Earl of Mortoune; Earl of Buchan; Earl of Eglingtoune; Earl of Strathmore; Earl of Galloway; Earl of Loudoun; Earl of Finlatter; Earl of Leven; Earl of Northesk; Viscount Tarbat S:; Viscount Stair; Viscount Rosberry; Lord Ross; Lord Boyle T:D:; Lord President of Session; Lord Advocat; Lord Enstruther; Livet Generall Ramsay; Mr Fra: Montgomry; Sherriff of Bute; Laird of Cavers; Laird of Kilbirnie; Laird of Carnwath; Laird of Hoptoune

Halyroodhouse the 15th September 17031

D1703/9/32

Sederunt

Her Majesties Commissioner; Lord Chancellour; Marquis of Annandale P:C:; Marquis of Atholl P:S:; Earl of Crafourd; Earl of Erroll; Earl of Mortoune; Earl of Buchan; Earl of Eglingtoune; Earl of Strathmore; Earl of Galloway; Earl of Loudoun; Earl of Finlatter; Earl of Leven; Earl of Northesk; Viscount Tarbat S:; Viscount Stair; Viscount Rosberry; Lord Ross; Lord Boyle T:D:; Lord President of Session; Lord Advocat; Lord Enstruther; Livet Generall Ramsay; Mr Fra: Montgomry; Sherriff of Bute; Laird of Cavers; Laird of Kilbirnie; Laird of Carnwath; Laird of Hoptoune

1. NRS, PC2/28, 260v.

2. NRS, PC2/28, 260v.

1. NRS, PC2/28, 260v.

2. NRS, PC2/28, 260v.

Act, 10 September 1703, Edinburgh

Posted on by

Halyroodhouse the 10th September 1703

D1703/9/21

Act

Act Infavours off Walter Ross and others

Annent The petition given in and presented to His Grace Her Majesties High Commissioner and the Lords off Her Majesties privie Councill By Walter Ross present provest off the Burgh of Tayne, and George Viscount off Tarbat heretable Baillie therof for themselves and as Representing the Councill and Community off the said Burgh Shewing That the Tolbuith and Stiple of the said Burgh being in a ruinous Condition thir severall years by past apairt therof Did laitly fall in the night tyme Wherby the prisoners therin wer in great hazerd of ther lives and the fabrick off the petitioners Church much damnefied therby Soe that the Toun being necessitat To take doun their Stiple and Tolbuith and have entred to the said work in August last And not being in any Conditione to Rebuild the samen unless their Lordships ordaine ane volentar Contribution By all noblemen, Gentlemen, and others who will be plased to assist the said work And Therfor Creaving His Grace and Lordships To grant warrand to the said Burgh To transport their prisoners To Inverness or any other Adjacent Burgh and to Dischairge any prisoners to be offerred to them till their Tolbuith be rebuilt or for the space off five years time and to grant warrand for ane volentar Contribution By all Noblemen, Gentlemen, and others That will be plased to assist the said work for Rebuilding therof As His Grace and Lord Ships Shall please to Direct As the said petition Bears His Grace Her Majesties High Commissioner and the Lords of Her Majesties privie Councill Haveing considered the petition given into them By Walter Ross present provest of the Burgh off Tayne and George Viscount off Tarbat Heretable Baillie therof for themselves and as representing the Toun Councill and Community off the said Burgh And the samen Being read in ther presence His Grace and the saids Lords Doe heirby Grant warrant To the Magistrats off the said Burgh and ther successors in office To Intimat to and Requyre the Creditors at whose Instance the prisoners are Incarcerat withine the Tolbuith of Tayne To transport them to the nixt Adjacent publict prison or to the Tolbuith or prison off Inverness with certefication to the Creditors iff they failzie It shall be leisum and Laufull to the saids Magistrats or their successors To transport them to the said Tolbuith off Inverness And allowes and ordaines The Creditors off the prisoners to use the arristments ane their Captions after the saids prisoners are transported as accords And in the mean tyme Declaires the saids Magistrats noewayes lyable To receave other prisoners nor to be lyable for their saiff Custody For the space off Five years affter the date heirof And His Grace and the saids Lords Doe Heirby Grant to the petitioners ane volentar Contribution To be Collected From all Noblemen Gentlemen, and others, That are pleased to assist there building off the said Tolbuith and prison house off Tayne within all the paroch Churches off this Kingdome upon such dayes as the petitioners shall appoint after Intimation at the paroch Churches the Sabbath day befoir collecting therof either at the Church doors off the respective paroches or in such other manner as shall be Collected and aggreed upon by the petitioners And that for rebuilding the Tolbuith and prison of the said Burgh of Tayne And ordaines the collection to be payed into […] He allwayes befoir exacting heirof giveing bond and finding Caution acted in the books of privy Councill That the contribution sua to be collected shall be applyed to the use forsaid and that at the sight and by direction of the petitioners.

Halyroodhouse the 10th September 1703

D1703/9/21

Act

Act Infavours off Walter Ross and others

Annent The petition given in and presented to His Grace Her Majesties High Commissioner and the Lords off Her Majesties privie Councill By Walter Ross present provest off the Burgh of Tayne, and George Viscount off Tarbat heretable Baillie therof for themselves and as Representing the Councill and Community off the said Burgh Shewing That the Tolbuith and Stiple of the said Burgh being in a ruinous Condition thir severall years by past apairt therof Did laitly fall in the night tyme Wherby the prisoners therin wer in great hazerd of ther lives and the fabrick off the petitioners Church much damnefied therby Soe that the Toun being necessitat To take doun their Stiple and Tolbuith and have entred to the said work in August last And not being in any Conditione to Rebuild the samen unless their Lordships ordaine ane volentar Contribution By all noblemen, Gentlemen, and others who will be plased to assist the said work And Therfor Creaving His Grace and Lordships To grant warrand to the said Burgh To transport their prisoners To Inverness or any other Adjacent Burgh and to Dischairge any prisoners to be offerred to them till their Tolbuith be rebuilt or for the space off five years time and to grant warrand for ane volentar Contribution By all Noblemen, Gentlemen, and others That will be plased to assist the said work for Rebuilding therof As His Grace and Lord Ships Shall please to Direct As the said petition Bears His Grace Her Majesties High Commissioner and the Lords of Her Majesties privie Councill Haveing considered the petition given into them By Walter Ross present provest of the Burgh off Tayne and George Viscount off Tarbat Heretable Baillie therof for themselves and as representing the Toun Councill and Community off the said Burgh And the samen Being read in ther presence His Grace and the saids Lords Doe heirby Grant warrant To the Magistrats off the said Burgh and ther successors in office To Intimat to and Requyre the Creditors at whose Instance the prisoners are Incarcerat withine the Tolbuith of Tayne To transport them to the nixt Adjacent publict prison or to the Tolbuith or prison off Inverness with certefication to the Creditors iff they failzie It shall be leisum and Laufull to the saids Magistrats or their successors To transport them to the said Tolbuith off Inverness And allowes and ordaines The Creditors off the prisoners to use the arristments ane their Captions after the saids prisoners are transported as accords And in the mean tyme Declaires the saids Magistrats noewayes lyable To receave other prisoners nor to be lyable for their saiff Custody For the space off Five years affter the date heirof And His Grace and the saids Lords Doe Heirby Grant to the petitioners ane volentar Contribution To be Collected From all Noblemen Gentlemen, and others, That are pleased to assist there building off the said Tolbuith and prison house off Tayne within all the paroch Churches off this Kingdome upon such dayes as the petitioners shall appoint after Intimation at the paroch Churches the Sabbath day befoir collecting therof either at the Church doors off the respective paroches or in such other manner as shall be Collected and aggreed upon by the petitioners And that for rebuilding the Tolbuith and prison of the said Burgh of Tayne And ordaines the collection to be payed into […] He allwayes befoir exacting heirof giveing bond and finding Caution acted in the books of privy Councill That the contribution sua to be collected shall be applyed to the use forsaid and that at the sight and by direction of the petitioners.

1. NRS, PC2/28, 259v-260v.

1. NRS, PC2/28, 259v-260v.

Sederunt, 10 September 1703, Edinburgh

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Halyroodhouse the 10th September 17031

D1703/9/12

Sederunt

Her Majesties Commissioner; Lord Chancellor; Marquis of Annandale P:C:; Marquis of Atholl P:S:; Marquis of Lothian; Earl of Crafourd; Earl of Erroll; Earl of Mar; Earl of Glencairn; Earl of Eglingtoun; Earl of Strathmore; Earl of Loudoun; Earl of Leven; Earl of Northesk; Viscount Tarbat S:; Viscount Stair; Lord Pollwarth; Lord Ross; Lord Boill T:D:; Lord President of Sessione; Lord Register; Lord Enstruther; Lord Tillecultry; Mr Fra: Montgomry; Sherriff of Bute; Laird of Kilbirney; Laird of Carnwath; Laird of Hoptoun; Laird of Prestongrange

Halyroodhouse the 10th September 17031

D1703/9/12

Sederunt

Her Majesties Commissioner; Lord Chancellor; Marquis of Annandale P:C:; Marquis of Atholl P:S:; Marquis of Lothian; Earl of Crafourd; Earl of Erroll; Earl of Mar; Earl of Glencairn; Earl of Eglingtoun; Earl of Strathmore; Earl of Loudoun; Earl of Leven; Earl of Northesk; Viscount Tarbat S:; Viscount Stair; Lord Pollwarth; Lord Ross; Lord Boill T:D:; Lord President of Sessione; Lord Register; Lord Enstruther; Lord Tillecultry; Mr Fra: Montgomry; Sherriff of Bute; Laird of Kilbirney; Laird of Carnwath; Laird of Hoptoun; Laird of Prestongrange

1. NRS, PC2/28, 259v.

2. NRS, PC2/28, 259v.

1. NRS, PC2/28, 259v.

2. NRS, PC2/28, 259v.

Act, 17 August 1703, Edinburgh

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Holyroodhouse the 17th August 1703

D1703/8/71

Act

Act Infavours off William Cochran and others for a suggar manufactory at Leith

Annent The petition given in and presented to His Grace Her Majesties High Commissioner And the Lords of Her Majesties privie Councill By Mr2 William Cochran off Kilmaronock, John Walkenshaw off Barrowfeild, John Forbes off Knaperna and Robert Douglass merchant in Leith Shewing That the petitioners Haveing been at great Chairges and Expensses in provyding Materialls For erecting and setting up a Suggar work at Leith and a Stillarie for destilling off Rumm Infavours and for the behoof off the petitioners and such as they shall assume And their Lordships By the Laws and Acts of parliament and particularly by the 12th
Act, parliament 1661, Being authorized to declair Manufactories to be set up to be such, To the effect they may enjoy the priviledges Liberties and Immunities granted by the seaverall Acts of parliament Infavours off Manufactories and by their Lordships frequent practice the benefite off the forsaids Laws hath been granted Infavours of particular persones who have set up Manufactories off the lyke nature especially wher ther is noe Monopolie aither designed or desired and that at noe tyme a suggary and Distillery can be boeth more necessary and beneficall to the Country and for the generall use and advantage off the Leidges then in this tyme off warr when commodittes off that nature how necessary soe ever can hardly be gott from abroad Wheras the petitioners can provyde and furnish the Country therwith by their said work iff their Lordships please to erect the same in a Manufactory boeth with great plenty and Cheapness And Therfor 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 within petition given into them By William Cochran off Kilmaronock, John Walkenshaw, off Barrowfeild, John Forbes of Knaperna, and Robert Douglass merchant in Leith, And the samen being read in their presence His Grace and the saids Lords Doe heirby Declair the work for makeing off suggar and destilling of Rumm To be Erected and sett up at Leith By the petitioners and such as they shall assume To be a Manufactory with power to them to Enjoy and have right To all the rights priviledges and Immunities Granted Infavours off manufactories By the seaverall Laws and acts off parliament made therannent And that under the Restrictiones allwayes Contained in the Acts off Echequer made annent Rumm For the Suggary off Glasgow.

Holyroodhouse the 17th August 1703

D1703/8/71

Act

Act Infavours off William Cochran and others for a suggar manufactory at Leith

Annent The petition given in and presented to His Grace Her Majesties High Commissioner And the Lords of Her Majesties privie Councill By Mr2 William Cochran off Kilmaronock, John Walkenshaw off Barrowfeild, John Forbes off Knaperna and Robert Douglass merchant in Leith Shewing That the petitioners Haveing been at great Chairges and Expensses in provyding Materialls For erecting and setting up a Suggar work at Leith and a Stillarie for destilling off Rumm Infavours and for the behoof off the petitioners and such as they shall assume And their Lordships By the Laws and Acts of parliament and particularly by the 12th
Act, parliament 1661, Being authorized to declair Manufactories to be set up to be such, To the effect they may enjoy the priviledges Liberties and Immunities granted by the seaverall Acts of parliament Infavours off Manufactories and by their Lordships frequent practice the benefite off the forsaids Laws hath been granted Infavours of particular persones who have set up Manufactories off the lyke nature especially wher ther is noe Monopolie aither designed or desired and that at noe tyme a suggary and Distillery can be boeth more necessary and beneficall to the Country and for the generall use and advantage off the Leidges then in this tyme off warr when commodittes off that nature how necessary soe ever can hardly be gott from abroad Wheras the petitioners can provyde and furnish the Country therwith by their said work iff their Lordships please to erect the same in a Manufactory boeth with great plenty and Cheapness And Therfor 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 within petition given into them By William Cochran off Kilmaronock, John Walkenshaw, off Barrowfeild, John Forbes of Knaperna, and Robert Douglass merchant in Leith, And the samen being read in their presence His Grace and the saids Lords Doe heirby Declair the work for makeing off suggar and destilling of Rumm To be Erected and sett up at Leith By the petitioners and such as they shall assume To be a Manufactory with power to them to Enjoy and have right To all the rights priviledges and Immunities Granted Infavours off manufactories By the seaverall Laws and acts off parliament made therannent And that under the Restrictiones allwayes Contained in the Acts off Echequer made annent Rumm For the Suggary off Glasgow.

1. NRS, PC2/28, 259r-259v.

2. The word ‘Mr’ is an insertion.

1. NRS, PC2/28, 259r-259v.

2. The word ‘Mr’ is an insertion.

Act, 17 August 1703, Edinburgh

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Holyroodhouse the 17th August 1703

D1703/8/61

Act

Act Infavours off Alexander Edgar and others

Annent The petition given in and presented to His Grace Her Majesties High Commissioner and the Lords off Her Majesties Privy Councill By Alexander Edgar late provest of Haddingtoun and merchant Councellor ther Robert Gray Mr James Dods Baillies James Robertsone theasourer David Forrest Mr John Young Alexander Miller and John Colt merchant Councellors off the said Burgh Shewing That the petitioners By their Lordships sentance off the date the 17th off November Last Being deprived off their offices withine the said burgh off Haddingtoun and declaired incapable to Exerce any pairt therof Dureing the Councills pleasure wherby the said Burgh Hes wanted a Compleit Magistracie to this hour and ther through the affaires and Commone Bussiness of that toun hes been very much prejudged And Thairfor Creaving His Grace and Lords To Dischairge the said sentance Incapacitating the petitioners And to repon them to their Respective offices upon the said Burgh wherof they were in possession and hade the Exercise the tyme off the Forsaid sentance And to Declair the said Burgh Free of the Expensses bestowed by aither pairty upon the Mutuall processes befoir their Lordships at the Instance of Provest McCalla and the petitioners and to Discharge any pairt therof To be payed or allowed out off the cornman good of the said Burgh 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 Alexander Edgar late Provest off Haddingtoune and Merchant Councellor there, Robert Gray, Mr James Dodds Baillies, James Robertsone Theasurer, David Forrest Mr John Young, Alexander Miller, and John Colt merchant Councellors off the said Burgh, And the samen being read in their presence His Grace and the saids Lords Have Dischairged and heirby Dischairges the Sentance Incapacitating the petitioners off the date the Seventeenth of November last by past And have Reponed and heirby Repones the petitioners to ther respective offices within the said Burgh off Hadingtoun wherof they were in possession and had the exercise the tyme off the Forsaid sentance With power to them to Exerce their respective offices Sicklyke and in the same manner as they did or might have done befoir the said Sentance.

Holyroodhouse the 17th August 1703

D1703/8/61

Act

Act Infavours off Alexander Edgar and others

Annent The petition given in and presented to His Grace Her Majesties High Commissioner and the Lords off Her Majesties Privy Councill By Alexander Edgar late provest of Haddingtoun and merchant Councellor ther Robert Gray Mr James Dods Baillies James Robertsone theasourer David Forrest Mr John Young Alexander Miller and John Colt merchant Councellors off the said Burgh Shewing That the petitioners By their Lordships sentance off the date the 17th off November Last Being deprived off their offices withine the said burgh off Haddingtoun and declaired incapable to Exerce any pairt therof Dureing the Councills pleasure wherby the said Burgh Hes wanted a Compleit Magistracie to this hour and ther through the affaires and Commone Bussiness of that toun hes been very much prejudged And Thairfor Creaving His Grace and Lords To Dischairge the said sentance Incapacitating the petitioners And to repon them to their Respective offices upon the said Burgh wherof they were in possession and hade the Exercise the tyme off the Forsaid sentance And to Declair the said Burgh Free of the Expensses bestowed by aither pairty upon the Mutuall processes befoir their Lordships at the Instance of Provest McCalla and the petitioners and to Discharge any pairt therof To be payed or allowed out off the cornman good of the said Burgh 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 Alexander Edgar late Provest off Haddingtoune and Merchant Councellor there, Robert Gray, Mr James Dodds Baillies, James Robertsone Theasurer, David Forrest Mr John Young, Alexander Miller, and John Colt merchant Councellors off the said Burgh, And the samen being read in their presence His Grace and the saids Lords Have Dischairged and heirby Dischairges the Sentance Incapacitating the petitioners off the date the Seventeenth of November last by past And have Reponed and heirby Repones the petitioners to ther respective offices within the said Burgh off Hadingtoun wherof they were in possession and had the exercise the tyme off the Forsaid sentance With power to them to Exerce their respective offices Sicklyke and in the same manner as they did or might have done befoir the said Sentance.

1. NRS, PC2/28, 258r-258v.

1. NRS, PC2/28, 258r-258v.

Sederunt, 17 August 1703, Edinburgh

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Holyroodhouse the 17th August 17031

D1703/8/52

Sederunt

Her Majesties Commissioner; Lord Chancellor; Marquis of Atholl P:S:; Marquis of Lothian; Earl of Erroll; Earl of Mar; Earl of Mortoun; Earl of Eglingtoun; Earl of Galloway; Earl of Loudoun; Earl of Loudoun3; Earl of Finlatter; Earl of Leven; Earl of Northesk; Earl of Kintore; Earl of Hyndfoord; Viscount Tarbat S:; Viscount Stair; Viscount Rosberrie; Lord Forbes; Lord Boill T:D:; Lord President of Sessione; Lord Register; Lord Advocat; Lord Enstruther; Mr Francis Montgomrie; Laird of Collingtoune; Sherriff of Bute; Laird of Kilbirnie; Laird of Carnwath; Laird of Prestongrange

Holyroodhouse the 17th August 17031

D1703/8/52

Sederunt

Her Majesties Commissioner; Lord Chancellor; Marquis of Atholl P:S:; Marquis of Lothian; Earl of Erroll; Earl of Mar; Earl of Mortoun; Earl of Eglingtoun; Earl of Galloway; Earl of Loudoun; Earl of Loudoun3; Earl of Finlatter; Earl of Leven; Earl of Northesk; Earl of Kintore; Earl of Hyndfoord; Viscount Tarbat S:; Viscount Stair; Viscount Rosberrie; Lord Forbes; Lord Boill T:D:; Lord President of Sessione; Lord Register; Lord Advocat; Lord Enstruther; Mr Francis Montgomrie; Laird of Collingtoune; Sherriff of Bute; Laird of Kilbirnie; Laird of Carnwath; Laird of Prestongrange

1. NRS, PC2/28, 258r.

2. NRS, PC2/28, 258r.

3. Sic.

1. NRS, PC2/28, 258r.

2. NRS, PC2/28, 258r.

3. Sic.