Author Archives: Philip Ward

Act, 17 November 1702, Edinburgh

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Edinburgh the 17th November 1702

D1702/11/71

Act

Act Infavours of Edward Wallace

Annent The Petition given in and presented to the Lords of Her Majesties Privie Councill By Edward Wallace wrytter to the signet Shewing That wher the said Edward Wallace Being furth off this Kingdome For seaverall years bygon And dureing his absence Ther hes been seaverall Proclamationes emitted For swearing the oath of alleadgence and subscryving the assurance And the tyme appointed For taken off them being now elapsed befoir his return The Lords off Her Majesties Privie Councill Haveing Considered the above petition Given into them By Edward Wallace wrytter to the signet They doe heirby Recommend to and allow Sir James Stuart Her Majesties Advocat To qualifie the Petitioner To her Majestie By suearing the oath off alleadgence and Subscryving the same with the assurance Conforme to Law In respect the Petitioner was furth off the Kingdome the time off emitting the Proclamationes For doeing the samen.

Edinburgh the 17th November 1702

D1702/11/71

Act

Act Infavours of Edward Wallace

Annent The Petition given in and presented to the Lords of Her Majesties Privie Councill By Edward Wallace wrytter to the signet Shewing That wher the said Edward Wallace Being furth off this Kingdome For seaverall years bygon And dureing his absence Ther hes been seaverall Proclamationes emitted For swearing the oath of alleadgence and subscryving the assurance And the tyme appointed For taken off them being now elapsed befoir his return The Lords off Her Majesties Privie Councill Haveing Considered the above petition Given into them By Edward Wallace wrytter to the signet They doe heirby Recommend to and allow Sir James Stuart Her Majesties Advocat To qualifie the Petitioner To her Majestie By suearing the oath off alleadgence and Subscryving the same with the assurance Conforme to Law In respect the Petitioner was furth off the Kingdome the time off emitting the Proclamationes For doeing the samen.

1. NRS, PC2/28, 212v.

1. NRS, PC2/28, 212v.

Sederunt, 17 November 1702, Edinburgh

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Edinburgh the 17th November 17021

D1702/11/62

Sederunt

Lord Chancellor; Earl of Melvill P:C:; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Northesk; Earl of Forfar; Lord Jedburgh; Lord Montgomrie; Lord Ross; Lord Advocat; Lord Aberuchill; Lord Rankeillor; Mr Fra: Montgomrie; Lord Provost of Edinburgh; Major Generall Ramsay

Edinburgh the 17th November 17021

D1702/11/62

Sederunt

Lord Chancellor; Earl of Melvill P:C:; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Northesk; Earl of Forfar; Lord Jedburgh; Lord Montgomrie; Lord Ross; Lord Advocat; Lord Aberuchill; Lord Rankeillor; Mr Fra: Montgomrie; Lord Provost of Edinburgh; Major Generall Ramsay

1. NRS, PC2/28, 212v.

2. NRS, PC2/28, 212v.

1. NRS, PC2/28, 212v.

2. NRS, PC2/28, 212v.

Warrant, 12 November 1702, Edinburgh

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Edinburgh the 12th November 1702

D1702/11/51

Warrant

Warrand for apprehending Sir David Cunynghame

The Lords off her Majesties Privie Councill Haveing Considered the Representation viva voce made to them by Her Majesties Advocat Annent Sir David Cunynghame off Robertland his violent possession off the house off Robertland and heard the Declaration off the tennents annent the Roberries and spulzies Committed by him and his accomplices upon them Read in ther presence The saids Lords Doe heirby Recommend To Major Generall George Ramsay Commander in Cheiff off her Majesties Forces within this Kingdom To send such a Compitent number off souldiers as he shall think Fit To concurr with and assist the Shirriff off the place or Baillie off Cunynghame when they shall require the same To search For, seaze, apprehend and dislodge the persones off the saids Sir David Cunynghame and his accomplices within the house off Robertland To be by them committed prisoners To the Tolbuith off Glasgow, or Air, in order to ther triall For there violent oppressing the said house and Ryots Forsaid therin to remain untill they be delyvered by due Course off Law.

Edinburgh the 12th November 1702

D1702/11/51

Warrant

Warrand for apprehending Sir David Cunynghame

The Lords off her Majesties Privie Councill Haveing Considered the Representation viva voce made to them by Her Majesties Advocat Annent Sir David Cunynghame off Robertland his violent possession off the house off Robertland and heard the Declaration off the tennents annent the Roberries and spulzies Committed by him and his accomplices upon them Read in ther presence The saids Lords Doe heirby Recommend To Major Generall George Ramsay Commander in Cheiff off her Majesties Forces within this Kingdom To send such a Compitent number off souldiers as he shall think Fit To concurr with and assist the Shirriff off the place or Baillie off Cunynghame when they shall require the same To search For, seaze, apprehend and dislodge the persones off the saids Sir David Cunynghame and his accomplices within the house off Robertland To be by them committed prisoners To the Tolbuith off Glasgow, or Air, in order to ther triall For there violent oppressing the said house and Ryots Forsaid therin to remain untill they be delyvered by due Course off Law.

1. NRS, PC2/28, 212r-212v.

1. NRS, PC2/28, 212r-212v.

Sederunt, 12 November 1702, Edinburgh

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Edinburgh the 12th November 17021

D1702/11/42

Sederunt

Earl of Melvill P:C:; Earl of Marr; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Northesk; Earl of Forfar; Lord Montgomrie; Lord Ross; Lord Advocat; Lord Aberuchill; Lord Halcraig; Lord Crossrigg; Lord Rankeillour; Mr Fra: Montgomrie; Lord Provost of Edinburgh; Major Generall Ramsay

Edinburgh the 12th November 17021

D1702/11/42

Sederunt

Earl of Melvill P:C:; Earl of Marr; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Northesk; Earl of Forfar; Lord Montgomrie; Lord Ross; Lord Advocat; Lord Aberuchill; Lord Halcraig; Lord Crossrigg; Lord Rankeillour; Mr Fra: Montgomrie; Lord Provost of Edinburgh; Major Generall Ramsay

1. NRS, PC2/28, 212r.

2. NRS, PC2/28, 212r.

1. NRS, PC2/28, 212r.

2. NRS, PC2/28, 212r.

Act, 10 November 1702, Edinburgh

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Edinburgh the 10th November 1702

D1702/11/31

Act

Act Infavours of William and John Irvings

Annent The Petition given in and presented to the Lords of Her Majesties Privie Councill By William Irving off Kirkcannell and John Irving off Orchyeard Shewing That wher By the Laws and Acts of Parliament of this Kingdome all Souldiers are to be quartered in Burghs royall Regalities or the most capable mercat Touns wher ther quartering shall be ordered yet trew it is and off verity That ther are nyne Dragouns belonging to Sir John Johnstoun off Wester Hall his Troup laid on upon a little Clachantoun called Ecclefecken which is one off the meanest places almost almost2 that is in the Steuartrie off Anandale And albeit it be a mercat Toun and hes a Fair or Two in the year Ther is non has the benefite therof Except his grace the Duik of Queensberrie his tennents The petitioners horses being excluded therefra Notwithstanding wherof and that the Petitioners hes little over a thrid off the said Toun And that all the rest belongs to his grace and others such is the unjustness off the cast made By Baillie Cairn thers brother to the Laird of Butterwhatt and Lawrence Knox messenger in Lakerbie That the Petitioners tennents hes sex off the nyne soe that they are most havylie and sadly opprest And seeing the said Toun of Ecclefechan is not Fit For quartering off souldiers ther being many within the said steuartrie Far more Capable such as Anan Lochmaben, Lockerbie, Mossie and others And that as to the Forsaid Toun wer lyable to be quartered upon as it is not The cast as said is, Is most unjust neither have they nor ther tennents any dependance theron And Therfor beeseeching ther Lordships To take the premisses to ther serious Consideration And grant warrand For ther removall Especiallie considering the said toun was never in use to quarter they being a number off poor people that are the Inhabitants and attour the Petitioners tennents to be redrest annent the unjustness off the cast made by the Forrnamed persones or others The only great Change house in the Toun Viz George Bells Haveing not on quartered upon And the Petitioners poor Indigent tennents and Cotters that keeps noe change Except on William Bell bears most pairt all the burden though not concerned And therfor creaving to the effect afftermentioned as the said petition bears3 The Lords off Her Majesties Privie Councill Haveing Considered the above petition given into them By William Irving off Kirkonnell and John Irving off Archyeard And the samen Being read in ther presence They Doe heirby Recommend To Major Generall George Ramsay Commander in Cheiff off Her Majesties Forces within this Kingdome to see the Petitioners Redressed annent the Cast made by Baillie Caruthers Brother to the Laird of Butterwhat and Laurence Knox messenger in Locharbie annent quartering off Fragouns within Ecclefechen and Recomends to the said Major Generall to see the samen orderly and equallie don.

Edinburgh the 10th November 1702

D1702/11/31

Act

Act Infavours of William and John Irvings

Annent The Petition given in and presented to the Lords of Her Majesties Privie Councill By William Irving off Kirkcannell and John Irving off Orchyeard Shewing That wher By the Laws and Acts of Parliament of this Kingdome all Souldiers are to be quartered in Burghs royall Regalities or the most capable mercat Touns wher ther quartering shall be ordered yet trew it is and off verity That ther are nyne Dragouns belonging to Sir John Johnstoun off Wester Hall his Troup laid on upon a little Clachantoun called Ecclefecken which is one off the meanest places almost almost2 that is in the Steuartrie off Anandale And albeit it be a mercat Toun and hes a Fair or Two in the year Ther is non has the benefite therof Except his grace the Duik of Queensberrie his tennents The petitioners horses being excluded therefra Notwithstanding wherof and that the Petitioners hes little over a thrid off the said Toun And that all the rest belongs to his grace and others such is the unjustness off the cast made By Baillie Cairn thers brother to the Laird of Butterwhatt and Lawrence Knox messenger in Lakerbie That the Petitioners tennents hes sex off the nyne soe that they are most havylie and sadly opprest And seeing the said Toun of Ecclefechan is not Fit For quartering off souldiers ther being many within the said steuartrie Far more Capable such as Anan Lochmaben, Lockerbie, Mossie and others And that as to the Forsaid Toun wer lyable to be quartered upon as it is not The cast as said is, Is most unjust neither have they nor ther tennents any dependance theron And Therfor beeseeching ther Lordships To take the premisses to ther serious Consideration And grant warrand For ther removall Especiallie considering the said toun was never in use to quarter they being a number off poor people that are the Inhabitants and attour the Petitioners tennents to be redrest annent the unjustness off the cast made by the Forrnamed persones or others The only great Change house in the Toun Viz George Bells Haveing not on quartered upon And the Petitioners poor Indigent tennents and Cotters that keeps noe change Except on William Bell bears most pairt all the burden though not concerned And therfor creaving to the effect afftermentioned as the said petition bears3 The Lords off Her Majesties Privie Councill Haveing Considered the above petition given into them By William Irving off Kirkonnell and John Irving off Archyeard And the samen Being read in ther presence They Doe heirby Recommend To Major Generall George Ramsay Commander in Cheiff off Her Majesties Forces within this Kingdome to see the Petitioners Redressed annent the Cast made by Baillie Caruthers Brother to the Laird of Butterwhat and Laurence Knox messenger in Locharbie annent quartering off Fragouns within Ecclefechen and Recomends to the said Major Generall to see the samen orderly and equallie don.

1. NRS, PC2/28, 211v-212r.

2. Sic.

3. The words ‘And therfor creaving to the effect afftermentioned as the said petition bears’ are an insertion

1. NRS, PC2/28, 211v-212r.

2. Sic.

3. The words ‘And therfor creaving to the effect afftermentioned as the said petition bears’ are an insertion

Act, 10 November 1702, Edinburgh

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Edinburgh the 10th November 1702

D1702/11/21

Act

Act In favours of Robert Arbuthnet

Annent The Petition given in and presented to the Lords of Her Majesties Privie Councill By Robert Arbuthnot Factor in Rowan in France Shewing That wher the Petitioner set up about Four years agoe to be a Factor at Rowan in France And there married and served his Countrie as Factors are in use to doe But haveing in the prosecution off his affaires gone to Holland and thence come to London in May last, The warrs supperveened, Wherby the Petitioner is hindered to return to his wife and Family still at Rowan and to look after his owen affaires and the affaires of his Constituents, Except the petitioner had ther Lordships pass to warrand him As to the Certefication contained in the Proclamation of warr And Therfor creaving to the effect aftermentioned As the said Petition bears The Lords of Her Majesties Privie Councill Haveing considered the above Petition Given into them By Robert Arbuthnot Factor at Rowan And the samen being read in ther presence They doe heirby allow Grant licence and pass to the Petitioner To Return to Rowan and look affter his Famillie and dispose off his affaires therin And also to return From France to Brittan in saifty without being lyable to the Certefication Contained in the Proclamation off warr or quarrelled by any person whatsomever upon that account He behaveing himself civilly and dutifully as becomes.

Edinburgh the 10th November 1702

D1702/11/21

Act

Act In favours of Robert Arbuthnet

Annent The Petition given in and presented to the Lords of Her Majesties Privie Councill By Robert Arbuthnot Factor in Rowan in France Shewing That wher the Petitioner set up about Four years agoe to be a Factor at Rowan in France And there married and served his Countrie as Factors are in use to doe But haveing in the prosecution off his affaires gone to Holland and thence come to London in May last, The warrs supperveened, Wherby the Petitioner is hindered to return to his wife and Family still at Rowan and to look after his owen affaires and the affaires of his Constituents, Except the petitioner had ther Lordships pass to warrand him As to the Certefication contained in the Proclamation of warr And Therfor creaving to the effect aftermentioned As the said Petition bears The Lords of Her Majesties Privie Councill Haveing considered the above Petition Given into them By Robert Arbuthnot Factor at Rowan And the samen being read in ther presence They doe heirby allow Grant licence and pass to the Petitioner To Return to Rowan and look affter his Famillie and dispose off his affaires therin And also to return From France to Brittan in saifty without being lyable to the Certefication Contained in the Proclamation off warr or quarrelled by any person whatsomever upon that account He behaveing himself civilly and dutifully as becomes.

1. NRS, PC2/28, 211r-211v.

1. NRS, PC2/28, 211r-211v.

Sederunt, 10 November 1702, Edinburgh

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Edinburgh the 10th November 17021

D1702/11/12

Sederunt

Earl of Melvill P:C.; Earl of Marr; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Forfar; Lord Montgomrie; Lord Ross; Lord Advocat; Lord Abberuchill; Lord Halcraig; Lord Rankeillour; Mr Fra: Montgomrie; Lord Provost of Edinburgh; Major Generall Ramsay

Edinburgh the 10th November 17021

D1702/11/12

Sederunt

Earl of Melvill P:C.; Earl of Marr; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Forfar; Lord Montgomrie; Lord Ross; Lord Advocat; Lord Abberuchill; Lord Halcraig; Lord Rankeillour; Mr Fra: Montgomrie; Lord Provost of Edinburgh; Major Generall Ramsay

1. NRS, PC2/28, 211r.

2. NRS, PC2/28, 211r.

1. NRS, PC2/28, 211r.

2. NRS, PC2/28, 211r.

Procedure, 27 October 1702, Edinburgh

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Edinburgh the 27th October 1702 Called Extraordinar1

D1702/10/12

Procedure

[Note of no business]

The Councill meet and did noe privat bussiness that day

Edinburgh the 27th October 1702 Called Extraordinar1

D1702/10/12

Procedure

[Note of no business]

The Councill meet and did noe privat bussiness that day

1. NRS, PC2/28, 211r.

2. NRS, PC2/28, 211r.

1. NRS, PC2/28, 211r.

2. NRS, PC2/28, 211r.

Act, 25 September 1702, Edinburgh

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Edinburgh the 25th September 1702

D1702/9/51

Act

Act Infavours of Alexander Broun

Annent The Petition given in and presented to the Lords of Her Majesties privie Councill By Alexander Broun merchant in Edinburgh Shewing That the petitioner Haveing purchased the ruinous pairts of the East and off the lucking booths and haveing obtained Judge and warrant from the Dean of Gild Court and Lykewayes ane Act and ordinance from the Magistrats and Toun Councill of Edinburgh For Rebuilding of the saids reuinous Tenements in manner therin mentioned Ther was a petition presented to the saids Lords at the Instance of John Cunynghame, Patrick Home and Mungo Buchannan wrytters to the signet For stoping the said building And now the said Petitioner Haveing purchased there Intrest, and procured there consent, For carrying on the said building as the samen herewith produced will testifie And the petitioner haveing conduced and aggreed with work men and provyded all materialls necessar For perfytteing the said building befoir November nixt That to the street may be void and red and sitting doun off the session It is necessar That the stope formerly made by their Lordships be taken off And lykewayes that the Judge and warrant granted by the Dean of Gild and Act of the Toun Councill in The Petitioners favours therannent be Ratified That he be noe furder trouble at the Instance of any persone in carrying on and compleating the said building And therfor Creaving to the effect afftermentioned As the said petition Bears The Lords of her Majesties Privie Councill Haveing considered the above petition given into them by Alexander Broun merchant in Edinburgh They heirby take off and Dischairges any stop made or given by ther Lordships To the building off the East end of the Luckenbooths As Being the Petitioners property And allowes the petitioner To carry on his building there Conforme to the Dean of Gilds Jedge, warrand and act of the Toun Councill past in the petitioners favours theranent And Lykewayes Ratifies and approves the said Jedge warrant and act In favours of the said petitioner To the effect that non may stope trouble or impede him from perfyting the said building Conforme to the saids Jedge, warrant and act And the saids Lords there present Ratification part theron in all points.

Edinburgh the 25th September 1702

D1702/9/51

Act

Act Infavours of Alexander Broun

Annent The Petition given in and presented to the Lords of Her Majesties privie Councill By Alexander Broun merchant in Edinburgh Shewing That the petitioner Haveing purchased the ruinous pairts of the East and off the lucking booths and haveing obtained Judge and warrant from the Dean of Gild Court and Lykewayes ane Act and ordinance from the Magistrats and Toun Councill of Edinburgh For Rebuilding of the saids reuinous Tenements in manner therin mentioned Ther was a petition presented to the saids Lords at the Instance of John Cunynghame, Patrick Home and Mungo Buchannan wrytters to the signet For stoping the said building And now the said Petitioner Haveing purchased there Intrest, and procured there consent, For carrying on the said building as the samen herewith produced will testifie And the petitioner haveing conduced and aggreed with work men and provyded all materialls necessar For perfytteing the said building befoir November nixt That to the street may be void and red and sitting doun off the session It is necessar That the stope formerly made by their Lordships be taken off And lykewayes that the Judge and warrant granted by the Dean of Gild and Act of the Toun Councill in The Petitioners favours therannent be Ratified That he be noe furder trouble at the Instance of any persone in carrying on and compleating the said building And therfor Creaving to the effect afftermentioned As the said petition Bears The Lords of her Majesties Privie Councill Haveing considered the above petition given into them by Alexander Broun merchant in Edinburgh They heirby take off and Dischairges any stop made or given by ther Lordships To the building off the East end of the Luckenbooths As Being the Petitioners property And allowes the petitioner To carry on his building there Conforme to the Dean of Gilds Jedge, warrand and act of the Toun Councill past in the petitioners favours theranent And Lykewayes Ratifies and approves the said Jedge warrant and act In favours of the said petitioner To the effect that non may stope trouble or impede him from perfyting the said building Conforme to the saids Jedge, warrant and act And the saids Lords there present Ratification part theron in all points.

1. NRS, PC2/28, 210v-211r.

1. NRS, PC2/28, 210v-211r.

Sederunt, 25 September 1702, Edinburgh

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Edinburgh the 25th September 17021

D1702/9/42

Sederunt

Lord Chancelour; Earl of Melvill P:C:; Earl of Seafeild; Earl of Marr; Earl of Leven; Viscount Roseberry; Lord Strathnaver; Lord Polwarth; Lord President of Session; Lord Advocat; Lord Crossrigg; Laird of Meggens

Edinburgh the 25th September 17021

D1702/9/42

Sederunt

Lord Chancelour; Earl of Melvill P:C:; Earl of Seafeild; Earl of Marr; Earl of Leven; Viscount Roseberry; Lord Strathnaver; Lord Polwarth; Lord President of Session; Lord Advocat; Lord Crossrigg; Laird of Meggens

1. NRS, PC2/28, 210v.

2. NRS, PC2/28, 210v.

1. NRS, PC2/28, 210v.

2. NRS, PC2/28, 210v.