Act, 4 March 1701, Edinburgh

Att Edinburgh the fourt day of March 1701

D1701/3/51

Act

Aliment To Helen Aytoun

Anent the petition given in and presented to the Lords of Her2 Majesties privie Councill The petition of Helen Aytoun Relict of the Deceist Doctor Alexander Balfour of Colluthie now spouse to Mr David Bechun Shewing That where the petitioner haveing bein provyded by the said Doctor Alexander Balfour to ane Lyfrent of ten Chalders of victwall furth of the Lands of Colluthie and Lileathen besyds the soume of three thousand merks to be at her Disposeall It was her Fate and unhapienes (though she was ashamed to say and nothing but extremity of Miserie could have induced her to repent it) to Mary the said Mr David Bechun (being at that tyme in such Circumstances as she might have lived very comfortablie) Who by his prodigall and extravagant way of Liveing Did not only uplift and squander away the forsaid soume of three thousand merks But was also therby reduced to such dificulties and straits as rendered him obnoxious to personall distresses and dilligence from which he could not after Exstricat himself and the petitioner was Forced from the tendernes and affection she had for him and to prevent his takeing desperat Courses, Notwithout the Melancholy prospect of the condition and Circumstances she was then brought to Raither to denude her self of a considerable pairt of Her Joynture Then suffer him to be harrassed by the persutes of His Creditors and Did actually renounce her Lyfrent right of the saids Lands of Colluchie In favours of the Laird of Barburne Fiar therof being persuaded he would so apply the pryce as to prevent our fwrder trouble and hopeing therby to Reclaim him But so litle effect had this her Conjugall tendernes and affection towards him and so farr was he from any just returns of gratitude That he hath now it seems altogither deserted the petitioner without any other Fund for her subsistance But the Charity of Freinds haveing no access to the small remander of her Lyfrent which is now reduced to ane hundreth pound scots and Fourtein bolls of oats For the uplifting wherof he hath left ane Factory with Mr David Nicolson a man every way quallified for such unfavourable Managements and he hath accordingly uplifted the same ever since the said Mr Davids departure from this Kingdome about tuo years agoe and although the petitioners Circumstances were sufficiently unhappy whyll he lived with her They are now much worse being redacted to such a Condition of Miserie and povertie as she was ashamed to represent Yea so was the rigor and severitie of the said Mr David his Factor towards the petitioner presumeing it seems wpon her temper and aversion to such harsh representations Especially against her Husband That when any thing is demanded from him he treats the petitioner only with contempt and scorne and it being their Lordships constant custom and practise to vindicat such as are in the petitioners circumstances from such barbarous useage and treatment by allowing them compitent and suteable aliments where there is any Fond and seing the said Mr David hath dilapidat the most pairt of the petitioners Lyfrent so that the remainder could only aliment her very narouly Being now throw age sicknes and Infirmity utterly incapable of doeing any thing for herself Therfore Craveing to the effect aftermentioned as the said petition bears The Lords of Her Majesties privie Councill haveing considered the above petition given in to them by the said Helen Aytoun They heirby Decerne and ordain […] Watson relict of the deceist John Balfour in Lileathen to make payment and satisfaction to the petitioner of the soume of ane hundreth pound scots and Fourtein bolls of oats for the Cropt and year of God Jai vijc years and of the lyke soume of ane hundreth pound scots and lyke number of Fourtein bolls of oats for the cropt and year of God Jai vijc and one years instant And that betuixt the Feasts and termes of Whitsonday and Mertimes nixt to come and of the Lyke soume and Lyke number of bolls of oats yearly in all tyme comeing Dureing the said Helen Aytoun her lyftyme and that for her subsistance and aliment The termes of payment of the samen being alwayes first come and bygone and ordains Letters of Horning and all other execution necessary under the signet of Councill to be direct heirupon in forme as effeirs

Att Edinburgh the fourt day of March 1701

D1701/3/51

Act

Aliment To Helen Aytoun

Anent the petition given in and presented to the Lords of Her2 Majesties privie Councill The petition of Helen Aytoun Relict of the Deceist Doctor Alexander Balfour of Colluthie now spouse to Mr David Bechun Shewing That where the petitioner haveing bein provyded by the said Doctor Alexander Balfour to ane Lyfrent of ten Chalders of victwall furth of the Lands of Colluthie and Lileathen besyds the soume of three thousand merks to be at her Disposeall It was her Fate and unhapienes (though she was ashamed to say and nothing but extremity of Miserie could have induced her to repent it) to Mary the said Mr David Bechun (being at that tyme in such Circumstances as she might have lived very comfortablie) Who by his prodigall and extravagant way of Liveing Did not only uplift and squander away the forsaid soume of three thousand merks But was also therby reduced to such dificulties and straits as rendered him obnoxious to personall distresses and dilligence from which he could not after Exstricat himself and the petitioner was Forced from the tendernes and affection she had for him and to prevent his takeing desperat Courses, Notwithout the Melancholy prospect of the condition and Circumstances she was then brought to Raither to denude her self of a considerable pairt of Her Joynture Then suffer him to be harrassed by the persutes of His Creditors and Did actually renounce her Lyfrent right of the saids Lands of Colluchie In favours of the Laird of Barburne Fiar therof being persuaded he would so apply the pryce as to prevent our fwrder trouble and hopeing therby to Reclaim him But so litle effect had this her Conjugall tendernes and affection towards him and so farr was he from any just returns of gratitude That he hath now it seems altogither deserted the petitioner without any other Fund for her subsistance But the Charity of Freinds haveing no access to the small remander of her Lyfrent which is now reduced to ane hundreth pound scots and Fourtein bolls of oats For the uplifting wherof he hath left ane Factory with Mr David Nicolson a man every way quallified for such unfavourable Managements and he hath accordingly uplifted the same ever since the said Mr Davids departure from this Kingdome about tuo years agoe and although the petitioners Circumstances were sufficiently unhappy whyll he lived with her They are now much worse being redacted to such a Condition of Miserie and povertie as she was ashamed to represent Yea so was the rigor and severitie of the said Mr David his Factor towards the petitioner presumeing it seems wpon her temper and aversion to such harsh representations Especially against her Husband That when any thing is demanded from him he treats the petitioner only with contempt and scorne and it being their Lordships constant custom and practise to vindicat such as are in the petitioners circumstances from such barbarous useage and treatment by allowing them compitent and suteable aliments where there is any Fond and seing the said Mr David hath dilapidat the most pairt of the petitioners Lyfrent so that the remainder could only aliment her very narouly Being now throw age sicknes and Infirmity utterly incapable of doeing any thing for herself Therfore Craveing to the effect aftermentioned as the said petition bears The Lords of Her Majesties privie Councill haveing considered the above petition given in to them by the said Helen Aytoun They heirby Decerne and ordain […] Watson relict of the deceist John Balfour in Lileathen to make payment and satisfaction to the petitioner of the soume of ane hundreth pound scots and Fourtein bolls of oats for the Cropt and year of God Jai vijc years and of the lyke soume of ane hundreth pound scots and lyke number of Fourtein bolls of oats for the cropt and year of God Jai vijc and one years instant And that betuixt the Feasts and termes of Whitsonday and Mertimes nixt to come and of the Lyke soume and Lyke number of bolls of oats yearly in all tyme comeing Dureing the said Helen Aytoun her lyftyme and that for her subsistance and aliment The termes of payment of the samen being alwayes first come and bygone and ordains Letters of Horning and all other execution necessary under the signet of Councill to be direct heirupon in forme as effeirs

1. NRS, PC2/28, 44r-45r.

2. Sic.

1. NRS, PC2/28, 44r-45r.

2. Sic.

Act, 4 March 1701, Edinburgh

Att Edinburgh the fourt day of March 1701

D1701/3/41

Act

Repryve Peter and Donald Brouns

Anent the petition given in and presented to the Lords of His Majesties privie Councill By Peter and Donald Brouns prisoners in the Tolbooth of Banff Shewing That where wpon a verdict of Assyse already represented and considered by the saids Lords and wherin nothing was proven against the petitioners saveing their being held and repute vagabound Egyptians They are now by the sherriff deput of Bamph wpon the act of parliament Jaj vjc and nyn Intituled act anent the Egyptians Condemned to be execute to death the second of Apryll nixt Which their Lordships knew to be a great hardship and serveritie In respect that both by the tenor of that act of parliament and practique of the Court of Justiciary theron some farder cryme of robbing and stealling hath comonly bein found requisit togither with the said held and repute to Inferr the said pain of Death and seing the forsaid day is short and no doubt perremptorie and that a longer tyme may be requisite aither for their releiff or due preparation Therfore Craveing to the effect aftermentioned as the said petition Bears The Lords of His Majesties privie Councill Haveing considered the above petition given in to them by the saids Peter and Donald Broun prisoners in the Tolbooth of Bamff They heirby Repryve the saids petitioners from the sentence of Death pronounced against them by the sherriff deput of Banff untill the second wednesday of June nixt to come and ordains the said sentence of Death to be put to execution against them wpon the said second wedensday of June nixt to come unles His Majestie or the Councill gives order to the contrary sic subscribitur Marchmont Cancellar Argyll Mar Leven James Stewart CCampbell JHope FMontgomrie Ludovick Grant Pattrick Johnstoun

Att Edinburgh the fourt day of March 1701

D1701/3/41

Act

Repryve Peter and Donald Brouns

Anent the petition given in and presented to the Lords of His Majesties privie Councill By Peter and Donald Brouns prisoners in the Tolbooth of Banff Shewing That where wpon a verdict of Assyse already represented and considered by the saids Lords and wherin nothing was proven against the petitioners saveing their being held and repute vagabound Egyptians They are now by the sherriff deput of Bamph wpon the act of parliament Jaj vjc and nyn Intituled act anent the Egyptians Condemned to be execute to death the second of Apryll nixt Which their Lordships knew to be a great hardship and serveritie In respect that both by the tenor of that act of parliament and practique of the Court of Justiciary theron some farder cryme of robbing and stealling hath comonly bein found requisit togither with the said held and repute to Inferr the said pain of Death and seing the forsaid day is short and no doubt perremptorie and that a longer tyme may be requisite aither for their releiff or due preparation Therfore Craveing to the effect aftermentioned as the said petition Bears The Lords of His Majesties privie Councill Haveing considered the above petition given in to them by the saids Peter and Donald Broun prisoners in the Tolbooth of Bamff They heirby Repryve the saids petitioners from the sentence of Death pronounced against them by the sherriff deput of Banff untill the second wednesday of June nixt to come and ordains the said sentence of Death to be put to execution against them wpon the said second wedensday of June nixt to come unles His Majestie or the Councill gives order to the contrary sic subscribitur Marchmont Cancellar Argyll Mar Leven James Stewart CCampbell JHope FMontgomrie Ludovick Grant Pattrick Johnstoun

1. NRS, PC2/28, 43v.

1. NRS, PC2/28, 43v.

Act, 4 March 1701, Edinburgh

Att Edinburgh the fourt day of March 1701

D1701/3/31

Act

Act Livetennent Collonell Erskine anent the Chartor Chest of Kincardine

Anent the petition given in and presented to the Lords of His Majesties privie Councill By Livetennent Collonell John Erskine Governour of Dumbarton Castle Shewing That where wpon application made to their Lordships by the Deceist Henry Lord Cardose The Chartor Chist of Kincardine and wrytts therin contained was sequestrat in their Lordships Clerks hands and ordained to remain therin till farther orders from the saids Lords and seing the petitioner hath purchased the estate of Kincardine at a publict Roup before the Lords of Councill and session as the decreit of sale produced did testifie Wherby he is unquestionable propriator of said estate and hes right to the Chartor Chist and wrytts therin contained and haill wrytts and evidence of the saids Lands and estate Therfore Craveing that it might have pleased the saids Lords in consideration of the premissis To ordaine and give warrant to the saids Clerks of privie Councill In whose hands the said Chartor Chist and wrytts was sequestrat To Deliver upon the same to the petitioner and to ordain the havers of the keyes and all others havers of any of the wrytts and evidents taken out of the said Chartor Chist to deliver the samen to the petitioner wpon oath as haveing right in maner forsaid and that upon a Charge of six dayes as the said petition bears Which petition being read wpon the Nynth of August Jai vijc years In presence of His Grace His Majseties high Commissioner and the Lords of His Majesties privie Councill They alloued the Countes of Kincardine to sie and ansuer the samen against tuesday then nixt, according to which appoyntment the said Countes and the Earle of Kincardin her sone haveing seen the said petition They returned the same with the ansuers following viz Primo That it was notourly knoune they have ane intrest in the said Chartor Chist and all the wrytts belonging to the Late Earle of Kincardine and both the Countes and the Earle being then out of toun Their Lawers were not particularly informed of all the objections that might be made: why the said Chartor Chest and wryts aught not to be delivered up to the Livetennent Collonell and it then being in the vaccance tyme when people did not ordinarly attend Their Lordships might be pleased to delay the matter till November and then all parties concerned might be heared why the Chartor Chest and wryts aught not to be delivered up Secundo The Livetennent Collonells petition bears That the said Chartor Chest and wryts were sequestrat upon the application of the deceist Lord Cardros so that the sequestration being upon the application of a particular person It aught not to be taken off without Calling some person who will take upon them to represent the Lord Cardros Tertio when the Livetennent Collonell was caryeing on the action of Sale There being Compearance made for the Earle of Kincardine and it being alleadged for him that the sale could not proceed at the instance of the Creditors of Earle Alexander his Father Because the Estate belonged to Earle Eduard this Earles Uncle and he was served air to him in speciall and infeft so that this earle as air to Earle Eduard had the only right to the estate and therfore It could not be sold for payment of Earle Alexanders debts and if Earle Alexander had any right to the estate in his person as he had not It was satisfied and Extinguished by his Intromissions And wpon these grounds this Earle had raised a Reduction which he repeated and was instantly ready to debate his right wpon which The Lords of Session by their act the fourteinth of February Jaj vjc Nynty nyn allowed the proces of sale to proceid Reserveing the present Earle his Reduction as accords As appeared by the act produced which was lykwayes insert in the decreit of sale and if the Earle prevaill in his reduction as he did not doubt but he would Then the Decreit of Sale and all that hes folloued upon will fall in consequence So that the Earle haveing so good and clear ane intrest to the Chartor Chest and wryts of the estate They aught not to be given up to the Livetennent collonell But lye still in the Clerks hands before the event of the Earles Reduction Especially seeing there is many wryts in the Chartor Chest That the Earle will have use for in caryeing on of the Reduction and the Livetennent Collonell hes no prejudice by the Chartor Chest and wryts being continued and sequestrat in the Clerks hands For in the mein tyme he may have out what papers he hes use for in order to the passing Infeftment upon his decreit of sale if he has a mynd as the Earle may take out such wryts as he shall think necessary for caryeing on the Reduction parties giveing their recepts to deliver the samen back to the Clerks of Councill and certainly if the forsaid reservation of the Earles Right and Reduction have any effect it most be this That the Charter Chist and wryts of the estate should lye sequestrat in the Clerks hands before the event of the said Reduction Quarto As to that pairt of the petition Craveing that all other havers of any wryts taken out of the Chartor Chist should be ordained to2 deliver the samen back upon oath and that upon a summar charge of sex days It is most rediculous and abswrd For first how can there be a decreit against any person for exhibition and delivery of wryts without Calling of them secundo This were to grant Generall Letters against all and sundrie Which is Dounright contrair to the act of parliament dischargeing Generall Letters except for the Kings rents In respect wherof The desyre of the petition aught to be Refused and the Chartor chist and wryts aught to continue sequestrat in the Clerks hands untill the event of the Earles Reduction alloueing aither partie in the mean tyme to have up such of the wryts as they shall have use for upon their Recept and obligation to deliver the same back again to the Clerks as the saids ansuers also bears Therafter the Lords of His Majesties privie Councill haveing upon the day and date of thir presents Considered the above petition given in to them by the above Livetennents Collonell Erskine with the above ansuers therto by the Countes of Kincardine and ane petition for Sir Alexander Bruce of Broomhall They heirby nominat and appoynt The Lord Theasurer deput The Lords Aberuchill and Rankeilor or any tuo of them to Inspect the Chartor chest of the Estate of Kincardine formerly sequestrat in the hands of the Clerks of Councill upon application of the Lord Cardross and to Deliver up to the said Livetennent Collonell John Erskine such wrytts rights and evidents of the Estate of Kincardine bought by him at a publict roup as shall be found in the said Chartor chest upon Inventar first made of the same and his granting Recept wpon the foot of the Inventar of the wryts received by him Which is to be left in the said Chartor Chist where the saids wryts shall be taken out And alloues the said Countes and Sir Alexander Bruce or any for them in their name to be present at Inspecting of the said Chartor Chest and Delivering up to the said Livetennent collonell John Erskine the wryts Rights and evidents he shall have right to in mainer forsaid and Recomends to the said Committie to take inspection of the other rights and papers that shall be left in the saids Chartor Chists and to report their proceidings therin and anent the premises to the Councill with their first convenience and appoynts any tuo of the forsaid Committie to be a sufficient quourm

Att Edinburgh the fourt day of March 1701

D1701/3/31

Act

Act Livetennent Collonell Erskine anent the Chartor Chest of Kincardine

Anent the petition given in and presented to the Lords of His Majesties privie Councill By Livetennent Collonell John Erskine Governour of Dumbarton Castle Shewing That where wpon application made to their Lordships by the Deceist Henry Lord Cardose The Chartor Chist of Kincardine and wrytts therin contained was sequestrat in their Lordships Clerks hands and ordained to remain therin till farther orders from the saids Lords and seing the petitioner hath purchased the estate of Kincardine at a publict Roup before the Lords of Councill and session as the decreit of sale produced did testifie Wherby he is unquestionable propriator of said estate and hes right to the Chartor Chist and wrytts therin contained and haill wrytts and evidence of the saids Lands and estate Therfore Craveing that it might have pleased the saids Lords in consideration of the premissis To ordaine and give warrant to the saids Clerks of privie Councill In whose hands the said Chartor Chist and wrytts was sequestrat To Deliver upon the same to the petitioner and to ordain the havers of the keyes and all others havers of any of the wrytts and evidents taken out of the said Chartor Chist to deliver the samen to the petitioner wpon oath as haveing right in maner forsaid and that upon a Charge of six dayes as the said petition bears Which petition being read wpon the Nynth of August Jai vijc years In presence of His Grace His Majseties high Commissioner and the Lords of His Majesties privie Councill They alloued the Countes of Kincardine to sie and ansuer the samen against tuesday then nixt, according to which appoyntment the said Countes and the Earle of Kincardin her sone haveing seen the said petition They returned the same with the ansuers following viz Primo That it was notourly knoune they have ane intrest in the said Chartor Chist and all the wrytts belonging to the Late Earle of Kincardine and both the Countes and the Earle being then out of toun Their Lawers were not particularly informed of all the objections that might be made: why the said Chartor Chest and wryts aught not to be delivered up to the Livetennent Collonell and it then being in the vaccance tyme when people did not ordinarly attend Their Lordships might be pleased to delay the matter till November and then all parties concerned might be heared why the Chartor Chest and wryts aught not to be delivered up Secundo The Livetennent Collonells petition bears That the said Chartor Chest and wryts were sequestrat upon the application of the deceist Lord Cardros so that the sequestration being upon the application of a particular person It aught not to be taken off without Calling some person who will take upon them to represent the Lord Cardros Tertio when the Livetennent Collonell was caryeing on the action of Sale There being Compearance made for the Earle of Kincardine and it being alleadged for him that the sale could not proceed at the instance of the Creditors of Earle Alexander his Father Because the Estate belonged to Earle Eduard this Earles Uncle and he was served air to him in speciall and infeft so that this earle as air to Earle Eduard had the only right to the estate and therfore It could not be sold for payment of Earle Alexanders debts and if Earle Alexander had any right to the estate in his person as he had not It was satisfied and Extinguished by his Intromissions And wpon these grounds this Earle had raised a Reduction which he repeated and was instantly ready to debate his right wpon which The Lords of Session by their act the fourteinth of February Jaj vjc Nynty nyn allowed the proces of sale to proceid Reserveing the present Earle his Reduction as accords As appeared by the act produced which was lykwayes insert in the decreit of sale and if the Earle prevaill in his reduction as he did not doubt but he would Then the Decreit of Sale and all that hes folloued upon will fall in consequence So that the Earle haveing so good and clear ane intrest to the Chartor Chest and wryts of the estate They aught not to be given up to the Livetennent collonell But lye still in the Clerks hands before the event of the Earles Reduction Especially seeing there is many wryts in the Chartor Chest That the Earle will have use for in caryeing on of the Reduction and the Livetennent Collonell hes no prejudice by the Chartor Chest and wryts being continued and sequestrat in the Clerks hands For in the mein tyme he may have out what papers he hes use for in order to the passing Infeftment upon his decreit of sale if he has a mynd as the Earle may take out such wryts as he shall think necessary for caryeing on the Reduction parties giveing their recepts to deliver the samen back to the Clerks of Councill and certainly if the forsaid reservation of the Earles Right and Reduction have any effect it most be this That the Charter Chist and wryts of the estate should lye sequestrat in the Clerks hands before the event of the said Reduction Quarto As to that pairt of the petition Craveing that all other havers of any wryts taken out of the Chartor Chist should be ordained to2 deliver the samen back upon oath and that upon a summar charge of sex days It is most rediculous and abswrd For first how can there be a decreit against any person for exhibition and delivery of wryts without Calling of them secundo This were to grant Generall Letters against all and sundrie Which is Dounright contrair to the act of parliament dischargeing Generall Letters except for the Kings rents In respect wherof The desyre of the petition aught to be Refused and the Chartor chist and wryts aught to continue sequestrat in the Clerks hands untill the event of the Earles Reduction alloueing aither partie in the mean tyme to have up such of the wryts as they shall have use for upon their Recept and obligation to deliver the same back again to the Clerks as the saids ansuers also bears Therafter the Lords of His Majesties privie Councill haveing upon the day and date of thir presents Considered the above petition given in to them by the above Livetennents Collonell Erskine with the above ansuers therto by the Countes of Kincardine and ane petition for Sir Alexander Bruce of Broomhall They heirby nominat and appoynt The Lord Theasurer deput The Lords Aberuchill and Rankeilor or any tuo of them to Inspect the Chartor chest of the Estate of Kincardine formerly sequestrat in the hands of the Clerks of Councill upon application of the Lord Cardross and to Deliver up to the said Livetennent Collonell John Erskine such wrytts rights and evidents of the Estate of Kincardine bought by him at a publict roup as shall be found in the said Chartor chest upon Inventar first made of the same and his granting Recept wpon the foot of the Inventar of the wryts received by him Which is to be left in the said Chartor Chist where the saids wryts shall be taken out And alloues the said Countes and Sir Alexander Bruce or any for them in their name to be present at Inspecting of the said Chartor Chest and Delivering up to the said Livetennent collonell John Erskine the wryts Rights and evidents he shall have right to in mainer forsaid and Recomends to the said Committie to take inspection of the other rights and papers that shall be left in the saids Chartor Chists and to report their proceidings therin and anent the premises to the Councill with their first convenience and appoynts any tuo of the forsaid Committie to be a sufficient quourm

1. NRS, PC2/28, 4v-43v.

2. The word ‘be’ scored out here.

1. NRS, PC2/28, 4v-43v.

2. The word ‘be’ scored out here.

Act, 4 March 1701, Edinburgh

Att Edinburgh the fourt day of March 1701

D1701/3/21

Act

Act Gordon of Campdell for a protection to Witneses

Anent the petition given in to the Lord of his Majesties privie Councill by Alexander Gordon of Campdell Shewing That where The Lords of his Majesties privie Councill at the Advyseing of the decreits and suspenswns obtained and raised toutching The barbarous depredation Hamsucken and roberie Committed upon Glenkindie in his oune house The saids Lords ordained That besyd the Tutor of Weem and the petitioner Gordon of Cambdell against whom the account of their men found to have had some accession to the said depredation decreits had passed Which they had suspended and the saids Lords found orderly proceided and that the petitioner and they should goe on to persew the principall actors or other accessaries both men and masters To the effect that all being Decerned They might the better recover their releiff In persewance of which ordinance The petitioner and the said Tutor have raised summonds before the saids Lords against certain persons pairt of them belonging to the Earl of Aboyn and pairt to the Laird of Grant and also against Knockespocks elder and younger and Adam Gordon Late of Glenbucket, In which proces They are to adduce Donald Camron somtyme in Carniserach Alexander Menzies in Kinilachar, John Roy Menzies alias Mcockvie there John M’artur somtyme in Carrie brother to Robert M’artur of Aird Angus M’coil vic Jandus vig in […] Rorie Kennedie in […] Camiferach Callum Breack M’Jean vic Phadrick Glengairdne Grigar Breack M’Jan vc phandrick his brother in Daocharn John Crookshank younger in Rinaira William Bain M’pherson in Pilgalish as necessary witnesses as the petitioner was content to give his oath therupon conforme to the act of parliament Jaj vjc Eighty one, Who needed the said proces Lykeas ther are some of them to whom the saids Lords granted their protection against the petitioner So that the saids Lords would certainly allow the petitioner the same Justice That was alloued against him and seing that by the forsaid act of parliament Jaj vjc Eighty one The said Lords are authorized and also in use to grant protection in such caises Therfore humbly Craveing That it might have pleased the saids Lords to grant the protection to the forsaids persons To the effect That they may Compear to give evidence in the proces and that for the space and in the termes of the forsaid act of parliament Reserveing objections against the witnesses as accords as the said petition bears Which petition being read upon the fourt of February last In presence of His Majesties high Commissioner and Lords of His majesties privie Councell They alloued any persons concerned to sie and answer the same Therafter wpon the tuenty day of the said moneth of Feburary their Lordships haveing considered the said petition and ansuers made therto by Charles Earle of Aboyn The Lairds of Grant Knockespocks elder and younger and Glenbucket They Delayed to give ansuer to the said petition untill both parties procurators were heard and appoynted both parties and their procurators to be readie and attend the Councill wpon the tuenty seventh day of the said moneth now bygone and therafter the saids Lords of his Majesties privie Councill haveing considered the said petition and ansuers forsaid made therto by the said Earle of Aboyn and others abovenamed and Sir James Stewart Her2 Majesties Advocat Mr David Dalrymple Mr James Mackenzie Mr William Carmichell Mr William Calderwood and Mr Robert Forbes senior Compearing as Advocats for the said Gordon of Camdell and Mr James Nesmyth Mr Francis Grant and Sir Alexander Cumming Compearing as Advocats for the saids Earle of Aboyn Lairds of Grant Knockespocks elder and younger and Glenbucket and the Lauers for both parties being fully heard at the Councill barrr The Councill Nominated and Appoynted a Committie of their oune number to endeavour to setle and agree both parties in the matter mentioned in the said petition and ansuers made therto and the said Commity haveing Failzied to setle and agree the saids parties and the saids Lords of His Majesties privie Councill haveing this day considered the said petition with the ansuers forsaid made therto by the abovenamed Earle and others in their oune presence They Doe heirby Grant personall protection To Donald Camron somtyme in Camiserach Alexander Menzies in Kinilacher John Roy Menzies alias M’coile vick Indue John M’artur somtyme in Carie Brother to Robert M’artur of Aird Angus M’oile vc Ian due vig in […] Rorie Kennedie in Camiserach Callum Breack M’Ian vic phadrick on Glengairdine Grigor Breack M’Ian vic phadrick3 his brother in Daocharn John Crookshank younger in Kinaira, William Bain M’pherson in Pitgalish as necessary witnesses in the above proces from the first day of June nixt to the first day of July therafter Riserveing all objections which may be made against them when they are Laid as witneses as accords Heirby Dischargeing all Macers Messingers at armes officers within burgh or Landward to putt any Letters of Caption acts of warding or any other personall dilligence to execution against the forenamed persons untill the forsaid day Excepting alwayes His Majesties Rents and publict dues, subscribitur ut in sederunt

Att Edinburgh the fourt day of March 1701

D1701/3/21

Act

Act Gordon of Campdell for a protection to Witneses

Anent the petition given in to the Lord of his Majesties privie Councill by Alexander Gordon of Campdell Shewing That where The Lords of his Majesties privie Councill at the Advyseing of the decreits and suspenswns obtained and raised toutching The barbarous depredation Hamsucken and roberie Committed upon Glenkindie in his oune house The saids Lords ordained That besyd the Tutor of Weem and the petitioner Gordon of Cambdell against whom the account of their men found to have had some accession to the said depredation decreits had passed Which they had suspended and the saids Lords found orderly proceided and that the petitioner and they should goe on to persew the principall actors or other accessaries both men and masters To the effect that all being Decerned They might the better recover their releiff In persewance of which ordinance The petitioner and the said Tutor have raised summonds before the saids Lords against certain persons pairt of them belonging to the Earl of Aboyn and pairt to the Laird of Grant and also against Knockespocks elder and younger and Adam Gordon Late of Glenbucket, In which proces They are to adduce Donald Camron somtyme in Carniserach Alexander Menzies in Kinilachar, John Roy Menzies alias Mcockvie there John M’artur somtyme in Carrie brother to Robert M’artur of Aird Angus M’coil vic Jandus vig in […] Rorie Kennedie in […] Camiferach Callum Breack M’Jean vic Phadrick Glengairdne Grigar Breack M’Jan vc phandrick his brother in Daocharn John Crookshank younger in Rinaira William Bain M’pherson in Pilgalish as necessary witnesses as the petitioner was content to give his oath therupon conforme to the act of parliament Jaj vjc Eighty one, Who needed the said proces Lykeas ther are some of them to whom the saids Lords granted their protection against the petitioner So that the saids Lords would certainly allow the petitioner the same Justice That was alloued against him and seing that by the forsaid act of parliament Jaj vjc Eighty one The said Lords are authorized and also in use to grant protection in such caises Therfore humbly Craveing That it might have pleased the saids Lords to grant the protection to the forsaids persons To the effect That they may Compear to give evidence in the proces and that for the space and in the termes of the forsaid act of parliament Reserveing objections against the witnesses as accords as the said petition bears Which petition being read upon the fourt of February last In presence of His Majesties high Commissioner and Lords of His majesties privie Councell They alloued any persons concerned to sie and answer the same Therafter wpon the tuenty day of the said moneth of Feburary their Lordships haveing considered the said petition and ansuers made therto by Charles Earle of Aboyn The Lairds of Grant Knockespocks elder and younger and Glenbucket They Delayed to give ansuer to the said petition untill both parties procurators were heard and appoynted both parties and their procurators to be readie and attend the Councill wpon the tuenty seventh day of the said moneth now bygone and therafter the saids Lords of his Majesties privie Councill haveing considered the said petition and ansuers forsaid made therto by the said Earle of Aboyn and others abovenamed and Sir James Stewart Her2 Majesties Advocat Mr David Dalrymple Mr James Mackenzie Mr William Carmichell Mr William Calderwood and Mr Robert Forbes senior Compearing as Advocats for the said Gordon of Camdell and Mr James Nesmyth Mr Francis Grant and Sir Alexander Cumming Compearing as Advocats for the saids Earle of Aboyn Lairds of Grant Knockespocks elder and younger and Glenbucket and the Lauers for both parties being fully heard at the Councill barrr The Councill Nominated and Appoynted a Committie of their oune number to endeavour to setle and agree both parties in the matter mentioned in the said petition and ansuers made therto and the said Commity haveing Failzied to setle and agree the saids parties and the saids Lords of His Majesties privie Councill haveing this day considered the said petition with the ansuers forsaid made therto by the abovenamed Earle and others in their oune presence They Doe heirby Grant personall protection To Donald Camron somtyme in Camiserach Alexander Menzies in Kinilacher John Roy Menzies alias M’coile vick Indue John M’artur somtyme in Carie Brother to Robert M’artur of Aird Angus M’oile vc Ian due vig in […] Rorie Kennedie in Camiserach Callum Breack M’Ian vic phadrick on Glengairdine Grigor Breack M’Ian vic phadrick3 his brother in Daocharn John Crookshank younger in Kinaira, William Bain M’pherson in Pitgalish as necessary witnesses in the above proces from the first day of June nixt to the first day of July therafter Riserveing all objections which may be made against them when they are Laid as witneses as accords Heirby Dischargeing all Macers Messingers at armes officers within burgh or Landward to putt any Letters of Caption acts of warding or any other personall dilligence to execution against the forenamed persons untill the forsaid day Excepting alwayes His Majesties Rents and publict dues, subscribitur ut in sederunt

1. NRS, PC2/28, 40r-41r.

2. Sic.

3. The words ‘in Glengard’ scored out here.

1. NRS, PC2/28, 40r-41r.

2. Sic.

3. The words ‘in Glengard’ scored out here.

Sederunt, 4 March 1701, Edinburgh

Att Edinburgh the fourt day of March 17011

D1701/3/12

Sederunt

Lord Chancelor; Earl of Argyle; Earl of Mar; Earl of Buchan; Earl of Leven; Lord Montgomrie; Lord Jedburgh; Lord Forbes; Lord Advocat; Lord Theasurer deput; Lord Aberuchill; Lord Halcraig; Lord Rankeilor; Mr Frances Montgomry; Laird of Grant; Lord provost Edinburgh

Att Edinburgh the fourt day of March 17011

D1701/3/12

Sederunt

Lord Chancelor; Earl of Argyle; Earl of Mar; Earl of Buchan; Earl of Leven; Lord Montgomrie; Lord Jedburgh; Lord Forbes; Lord Advocat; Lord Theasurer deput; Lord Aberuchill; Lord Halcraig; Lord Rankeilor; Mr Frances Montgomry; Laird of Grant; Lord provost Edinburgh

1. NRS, PC2/28, 40r.

2. NRS, PC2/28, 40r.

1. NRS, PC2/28, 40r.

2. NRS, PC2/28, 40r.

Act, 27 February 1701, Edinburgh

Att Edinburgh The tuenty seventh day of February Jai vijc and ane

D1701/2/311

Act

Act In favours of Mr William Gordon and Sir William Hopes Witnesses

Anent the petition given in and presented to the Lords of His Majesties privie Councill By Alexander Philp horse man Alexander King, James Lothian David Wacker, Thomas Corstorphine James Anderson David Balfour Thomas Keie, John Broun George Miller, William Anderson George Balfour James Broun Thomas Colvill all horse men and Margaret Kay a Horsewoman, Alexander Henderson, James Forgan, Robert Buttercase, John Oswald John Duncan, David Balfor younger, George Russell, Thomas Broun James Anderson Thomas Oliphant, George Steven, Thomas Scott, James Brown, Robert Millar, and James and John Kaes all Footmen Humbly Sheuing That where The petitioners being about thretty in number have now attended these seventein dayes bygone heir att Edinburgh being cited as witneses att Mr William Gordons instance before the saids Lords To the petitioners great loss by reason of their absence from home in tyme of Laubouring and seed tyme whereby their affairs are neglected and they have bein at such expenses in stayeing hear as they had nothing aither to subsist on or to cary them home to their oune houses so that many of them may starve if remeid were not provyded by their Lordships Its Therfore humbly Intreated The saids Lords would consider and Commisserat their caises and Modifie large expenses to be payed by the persewars of the proces before their Lordships for the petitioners Charges of comeing hither, attending so long, and caryeing them back to their houses and Lykwayes for the great loss they have sustained by the Neglect of their Countrie affairs As the said petitione bears The Lords of Her2 Majesties privie Councill haveing considered the above petition given in to them by the above witnesses in the Mutuall proces before their Lordships att the Instance of Mr William Gordon against Sir William Hope et e contra They heirby Decerne and ordain Each partie to content and pay to each witnes Cited and appeared for hon in ther above proces The soumes following viz To each horseman of the saids witnesses sixtein shilling scots per diem and to each Footman of the saids witneses Eight Shilling scots per diem and that from the sixteinth day of February instant to the first day of March nixt to come Inclusive and where any of the saids witneses are cited and examined and examined3 at the instances of both pairties The saids Lords ordains each partie to pay the half of the saids witneses expenses whether Horesemen or Footmen as said is and ordains Letters of Horning on Fyftien dayes and others necessary to be direct heiron in Forme as effeirs

Att Edinburgh The tuenty seventh day of February Jai vijc and ane

D1701/2/311

Act

Act In favours of Mr William Gordon and Sir William Hopes Witnesses

Anent the petition given in and presented to the Lords of His Majesties privie Councill By Alexander Philp horse man Alexander King, James Lothian David Wacker, Thomas Corstorphine James Anderson David Balfour Thomas Keie, John Broun George Miller, William Anderson George Balfour James Broun Thomas Colvill all horse men and Margaret Kay a Horsewoman, Alexander Henderson, James Forgan, Robert Buttercase, John Oswald John Duncan, David Balfor younger, George Russell, Thomas Broun James Anderson Thomas Oliphant, George Steven, Thomas Scott, James Brown, Robert Millar, and James and John Kaes all Footmen Humbly Sheuing That where The petitioners being about thretty in number have now attended these seventein dayes bygone heir att Edinburgh being cited as witneses att Mr William Gordons instance before the saids Lords To the petitioners great loss by reason of their absence from home in tyme of Laubouring and seed tyme whereby their affairs are neglected and they have bein at such expenses in stayeing hear as they had nothing aither to subsist on or to cary them home to their oune houses so that many of them may starve if remeid were not provyded by their Lordships Its Therfore humbly Intreated The saids Lords would consider and Commisserat their caises and Modifie large expenses to be payed by the persewars of the proces before their Lordships for the petitioners Charges of comeing hither, attending so long, and caryeing them back to their houses and Lykwayes for the great loss they have sustained by the Neglect of their Countrie affairs As the said petitione bears The Lords of Her2 Majesties privie Councill haveing considered the above petition given in to them by the above witnesses in the Mutuall proces before their Lordships att the Instance of Mr William Gordon against Sir William Hope et e contra They heirby Decerne and ordain Each partie to content and pay to each witnes Cited and appeared for hon in ther above proces The soumes following viz To each horseman of the saids witnesses sixtein shilling scots per diem and to each Footman of the saids witneses Eight Shilling scots per diem and that from the sixteinth day of February instant to the first day of March nixt to come Inclusive and where any of the saids witneses are cited and examined and examined3 at the instances of both pairties The saids Lords ordains each partie to pay the half of the saids witneses expenses whether Horesemen or Footmen as said is and ordains Letters of Horning on Fyftien dayes and others necessary to be direct heiron in Forme as effeirs

1. NRS, PC2/28, 39v-40r.

2. Sic.

3. Sic.

1. NRS, PC2/28, 39v-40r.

2. Sic.

3. Sic.

Act, 27 February 1701, Edinburgh

Att Edinburgh The tuenty seventh day of February Jai vijc and ane

D1701/2/301

Act

Prorogation of Mr William Gordons protectione

Anent the petition given in and presented to the Lords of His Majesties privie Councill By Mr William Gordon of Balcomie Advocat Humbly Shewing That where wpon the Reconvention depending before the saids Lords against the petitioner Their Lordships were pleased to allow him their personall protection untill Thursday the tuenty seventh of February instant Inclusive and in respect that Sir William Hope persewar of the said Reconvention hes not yet closed nor renounced furder probation By which it is absolutely necessary The petitioner should attend the dyets and Report of the Committie and that unles he be furder protected in his person by dischargeing Messingers or others from executeing Captions or acts of warding against him he could not attend wherby he would be heavilie prejudged and Therfore Craveing to the effect aftermentioned as the said petition Bears The Lords of Her Majesties privie Councill haveing considered the above petition given in to them by the said Mr William Gordon They heirby prorogat the petitioners protection untill the thretty day of March nixt Inclusive and Discharges all macers messengers at armes and other officers within Burgh or Landward to put any letters of Caption acts of warding or other personall dilligence to execution against the petitioner untill the said thretty day of March nixt Inclusive excepting allwayes his majesties rents and publict dues subscribitur ut in sederunt

Att Edinburgh The tuenty seventh day of February Jai vijc and ane

D1701/2/301

Act

Prorogation of Mr William Gordons protectione

Anent the petition given in and presented to the Lords of His Majesties privie Councill By Mr William Gordon of Balcomie Advocat Humbly Shewing That where wpon the Reconvention depending before the saids Lords against the petitioner Their Lordships were pleased to allow him their personall protection untill Thursday the tuenty seventh of February instant Inclusive and in respect that Sir William Hope persewar of the said Reconvention hes not yet closed nor renounced furder probation By which it is absolutely necessary The petitioner should attend the dyets and Report of the Committie and that unles he be furder protected in his person by dischargeing Messingers or others from executeing Captions or acts of warding against him he could not attend wherby he would be heavilie prejudged and Therfore Craveing to the effect aftermentioned as the said petition Bears The Lords of Her Majesties privie Councill haveing considered the above petition given in to them by the said Mr William Gordon They heirby prorogat the petitioners protection untill the thretty day of March nixt Inclusive and Discharges all macers messengers at armes and other officers within Burgh or Landward to put any letters of Caption acts of warding or other personall dilligence to execution against the petitioner untill the said thretty day of March nixt Inclusive excepting allwayes his majesties rents and publict dues subscribitur ut in sederunt

1. NRS, PC2/28, 39r.

1. NRS, PC2/28, 39r.

Sederunt, 27 February 1701, Edinburgh

Att Edinburgh The tuenty seventh day of February Jai vijc and ane1

D1701/2/292

Sederunt

Lord Chancelor; Earl of Argyll; Earl of Mar; Earl of Buchan; Earl of Lothian; Earl of Leven; Earl of Forfar; Viscount Tarbat; Lord Montgomrie; Lord Jedburgh; Lord Forbes; Lord Advocat; Lord Theasaurer deput; Lord Aberuchill; Lord Phesdo; Mr Frances Mpntgomrie; Laird of Grant

Att Edinburgh The tuenty seventh day of February Jai vijc and ane1

D1701/2/292

Sederunt

Lord Chancelor; Earl of Argyll; Earl of Mar; Earl of Buchan; Earl of Lothian; Earl of Leven; Earl of Forfar; Viscount Tarbat; Lord Montgomrie; Lord Jedburgh; Lord Forbes; Lord Advocat; Lord Theasaurer deput; Lord Aberuchill; Lord Phesdo; Mr Frances Mpntgomrie; Laird of Grant

1. NRS, PC2/28, 39r.

2. NRS, PC2/28, 39r.

1. NRS, PC2/28, 39r.

2. NRS, PC2/28, 39r.

Order, 25 February 1701, Edinburgh

Att Edinburgh The Tuenty Fyfth day of Febrwary 1701

D1701/2/281

Order

Act and Recomendation In favours of Captain Kenneth Urquhart

Anent the petition given in and presented to the Lords of His Majesties privie Councill by Captain Kenneth Urqwhart Humblie Shewing That wherby The petitioner haveing had the Misfortune thorrow the will and Misinformation of some officious persones to be putt in a publict information Emitted by their Lordships in July last as accessory to the Rable that Hapened wpon the Tuenty of June The petitioner was by vertue herof seized wpon the tenth of august last and after Inqwrie made by their Lordships anent the alleadgeance of his being accessory to the said Rable Nothing hes appeared that could inform the Least guilt or accession therto in the petitioner as is evidenced by My Lord advocat and His Majesties solicitors their Report To the saids Lords of the probation redd against the petitioner Wherwpon Their Lordships ordained him to be sett at libertie furth of the Tolbooth of Edinburgh wpon the tenth of december last where the petitioner hes lyen Incarcerat all this tyme and also appoynted his House dues to be payed by the publict since which tyme which is the space of tuo moneths The petitioner used all the endeavoured that were in his pouer To procure alse much mony as would pay the debt he had necessarly contracted within the Tolbooth for his mentinance which he had not bein nor was not yet able or in a condition to doe because of his Restraint so that being now for the space of two moneths detained prisoner by the Goodman of the Tolbooth for a debt so neccesarly contracted for his subsistance The saids Lords their ordinance as to his Liberation hes proven altogither ineffectwall and now his circumstances turneing dayly worse by the Goodman of the Tolbooths refuseing to give him credit for his aliment in tyme comeing He was at last necessitat to represent To their Lordships the great hardships he is under persuadeing himself that their meaning and Intention never was that he should be treated more severlie then his condition could allow Especially when no cryme (after inquirie) hes beein proven against him Besyds that since his confynment as a prisoner of state some areistments for privat debts had being Laid upon him Therfore Craveing That it might have pleased the said Lords seriously and tymeously to consider the hardship of the petitioners Circumstances in manner above represented and since the debt he had necessarly contracted within the tolbooth whyll under his confynment will amount to near tuenty pound starling as appears by the accompt of the goodman of the tolbooth given in to the petitioner and produced with the said petition and that he as said is did lye under some arresistments for privat debts That therfore their Lordships would be pleased To recomend to the Lords of His Majesties Theasurie To pay the forsaid accompt Due by the petitioner to the Goodman of the Tolbooth a considerable pairt therof being expended on phisitians and others whyll he was dangerously sick and Indisposed thorrow his Long Imprisonment and appoynt him furthwith to be sett at Libertie notwithstanding any arreistments laid on him for privat debts That he might no longer incurr the hazard and hardships he had hitherto lyen under as the said petition bears Followes Captain Kenneth Urqwarts accompt to the Drauer in the Tolbooth seller Imprimis to fourtein shilling and sixpennies per diem for half a years tyme for his mantinance viz from the tenth of August Jai vijc to the tenth of February Jai vijc and one being ane hundreth and Eighty four dayes is ane hundreth and thretty three pund, For coall and candle at fyve shilling per diem, Fowrty six pund To eleven Rex dollars borroued at three severall tymes when he was sick which was given to phisitians and Appothicaries, Thretty one pund eightein shilling For his bed and washing dureing the said tyme Tuenty one pund sex shilling Summa is Tuo hundred and thretty tuo pund tuelve shilling This is besyds dues to Masters and servants The Lords of his Majesties privie Councill haveing considered the above petition given in to them by the above Captain Uquhart They heirby Recomends To the Lords Commissioners of Her2 Majesties Theasurie To cause make payment to the Keepper of The tolbooth of Edinburgh The accounts mentioned in the said petition Extending to two hundreth and thretty tuo punds tuelve shilling scots mony And Doe heirby give order and warrant To the Magistrats of Edinburgh and keeper of their tolbooth to sett the petitioner furth therof as states prisoners are in use to be liberat and that without payment of any house dues In respect of the Recomendation forsaid.

Att Edinburgh The Tuenty Fyfth day of Febrwary 1701

D1701/2/281

Order

Act and Recomendation In favours of Captain Kenneth Urquhart

Anent the petition given in and presented to the Lords of His Majesties privie Councill by Captain Kenneth Urqwhart Humblie Shewing That wherby The petitioner haveing had the Misfortune thorrow the will and Misinformation of some officious persones to be putt in a publict information Emitted by their Lordships in July last as accessory to the Rable that Hapened wpon the Tuenty of June The petitioner was by vertue herof seized wpon the tenth of august last and after Inqwrie made by their Lordships anent the alleadgeance of his being accessory to the said Rable Nothing hes appeared that could inform the Least guilt or accession therto in the petitioner as is evidenced by My Lord advocat and His Majesties solicitors their Report To the saids Lords of the probation redd against the petitioner Wherwpon Their Lordships ordained him to be sett at libertie furth of the Tolbooth of Edinburgh wpon the tenth of december last where the petitioner hes lyen Incarcerat all this tyme and also appoynted his House dues to be payed by the publict since which tyme which is the space of tuo moneths The petitioner used all the endeavoured that were in his pouer To procure alse much mony as would pay the debt he had necessarly contracted within the Tolbooth for his mentinance which he had not bein nor was not yet able or in a condition to doe because of his Restraint so that being now for the space of two moneths detained prisoner by the Goodman of the Tolbooth for a debt so neccesarly contracted for his subsistance The saids Lords their ordinance as to his Liberation hes proven altogither ineffectwall and now his circumstances turneing dayly worse by the Goodman of the Tolbooths refuseing to give him credit for his aliment in tyme comeing He was at last necessitat to represent To their Lordships the great hardships he is under persuadeing himself that their meaning and Intention never was that he should be treated more severlie then his condition could allow Especially when no cryme (after inquirie) hes beein proven against him Besyds that since his confynment as a prisoner of state some areistments for privat debts had being Laid upon him Therfore Craveing That it might have pleased the said Lords seriously and tymeously to consider the hardship of the petitioners Circumstances in manner above represented and since the debt he had necessarly contracted within the tolbooth whyll under his confynment will amount to near tuenty pound starling as appears by the accompt of the goodman of the tolbooth given in to the petitioner and produced with the said petition and that he as said is did lye under some arresistments for privat debts That therfore their Lordships would be pleased To recomend to the Lords of His Majesties Theasurie To pay the forsaid accompt Due by the petitioner to the Goodman of the Tolbooth a considerable pairt therof being expended on phisitians and others whyll he was dangerously sick and Indisposed thorrow his Long Imprisonment and appoynt him furthwith to be sett at Libertie notwithstanding any arreistments laid on him for privat debts That he might no longer incurr the hazard and hardships he had hitherto lyen under as the said petition bears Followes Captain Kenneth Urqwarts accompt to the Drauer in the Tolbooth seller Imprimis to fourtein shilling and sixpennies per diem for half a years tyme for his mantinance viz from the tenth of August Jai vijc to the tenth of February Jai vijc and one being ane hundreth and Eighty four dayes is ane hundreth and thretty three pund, For coall and candle at fyve shilling per diem, Fowrty six pund To eleven Rex dollars borroued at three severall tymes when he was sick which was given to phisitians and Appothicaries, Thretty one pund eightein shilling For his bed and washing dureing the said tyme Tuenty one pund sex shilling Summa is Tuo hundred and thretty tuo pund tuelve shilling This is besyds dues to Masters and servants The Lords of his Majesties privie Councill haveing considered the above petition given in to them by the above Captain Uquhart They heirby Recomends To the Lords Commissioners of Her2 Majesties Theasurie To cause make payment to the Keepper of The tolbooth of Edinburgh The accounts mentioned in the said petition Extending to two hundreth and thretty tuo punds tuelve shilling scots mony And Doe heirby give order and warrant To the Magistrats of Edinburgh and keeper of their tolbooth to sett the petitioner furth therof as states prisoners are in use to be liberat and that without payment of any house dues In respect of the Recomendation forsaid.

1. NRS, PC2/28, 37v-38v.

2. Sic.

1. NRS, PC2/28, 37v-38v.

2. Sic.

Act, 25 February 1701, Edinburgh

Att Edinburgh The Tuenty Fyfth day of Febrwary 1701

D1701/2/271

Act

Act in favours of William Cross and pairtners

Anent the petition given in and presented to the Lords of His Majesties privie Councill By William Cross Merchant in Glasgow and pairtners of the Easter suggarie there Humblie Shewing That wheras it is the intrest and policie of all Nations to Encwrage Manufactories of all sorts and that the Manufactories of Suggar works are very profitable to the Nation for therby much mony is keeped within the Kingdome and many poor peoplpe keeped at work in makeing of Linning and Wooling of all sorts, Herring, Beeff, stockings, Hatts, shoes and etc which are usewally exported for pwrchassing unrefyned suggar abroad and in refyneing the same after its Importation so by ane act of parliament dated the seventeinth of september Jaj vic Eighty one the tuo suggar works in Glasgow the one belonging to Fredrick Hamilton and pairtners And the other to John Cross and pairtners Were Declaired Manufactories and alloued to enjoy severall priviledges Immunities and exemptions granted to Manufactories since which Fredrick Hamilton and partners have given over Following on of the saids sugar works and the same is now caried on by others who by a late act are alloued de novo to enjoy all the priviledges granted to any sugar work by act of parliament Councill or Excheqwer and now some of the said John Cross his partners being dead and he and his other partners haveing resigned their Intrest to William Cross the petitioner and some others who designed to follow out the same If mett with encurragment and be putt on ane eqwall footing with the other sugar works in Glsagow Therfore Humblie Craving to the effect aftermentioned as the said petition bears The Lords of His Majesties privie Councill haveing considered the above petition given into them by the above William Cross and his pairtners They Doe heirby Creat and Erect the said petitioner and his partner and his and their successors their above suggar work to be a Manufactorie and appoynts it to enjoy all the priviledges Immunities and exemptions granted to and enjoyed by any suggar works at Glasgow by acts of parliament Councill or Exchequer and Declairs the said manufactorie to continue and enjoy its priviledges alse long as any other suggar Manufactorie alrady erected at Glasgow does enjoy its priviledges

Att Edinburgh The Tuenty Fyfth day of Febrwary 1701

D1701/2/271

Act

Act in favours of William Cross and pairtners

Anent the petition given in and presented to the Lords of His Majesties privie Councill By William Cross Merchant in Glasgow and pairtners of the Easter suggarie there Humblie Shewing That wheras it is the intrest and policie of all Nations to Encwrage Manufactories of all sorts and that the Manufactories of Suggar works are very profitable to the Nation for therby much mony is keeped within the Kingdome and many poor peoplpe keeped at work in makeing of Linning and Wooling of all sorts, Herring, Beeff, stockings, Hatts, shoes and etc which are usewally exported for pwrchassing unrefyned suggar abroad and in refyneing the same after its Importation so by ane act of parliament dated the seventeinth of september Jaj vic Eighty one the tuo suggar works in Glasgow the one belonging to Fredrick Hamilton and pairtners And the other to John Cross and pairtners Were Declaired Manufactories and alloued to enjoy severall priviledges Immunities and exemptions granted to Manufactories since which Fredrick Hamilton and partners have given over Following on of the saids sugar works and the same is now caried on by others who by a late act are alloued de novo to enjoy all the priviledges granted to any sugar work by act of parliament Councill or Excheqwer and now some of the said John Cross his partners being dead and he and his other partners haveing resigned their Intrest to William Cross the petitioner and some others who designed to follow out the same If mett with encurragment and be putt on ane eqwall footing with the other sugar works in Glsagow Therfore Humblie Craving to the effect aftermentioned as the said petition bears The Lords of His Majesties privie Councill haveing considered the above petition given into them by the above William Cross and his pairtners They Doe heirby Creat and Erect the said petitioner and his partner and his and their successors their above suggar work to be a Manufactorie and appoynts it to enjoy all the priviledges Immunities and exemptions granted to and enjoyed by any suggar works at Glasgow by acts of parliament Councill or Exchequer and Declairs the said manufactorie to continue and enjoy its priviledges alse long as any other suggar Manufactorie alrady erected at Glasgow does enjoy its priviledges

1. NRS, PC2/28, 37r-v.

1. NRS, PC2/28, 37r-v.