Author Archives: Philip Ward

Act, 15 October 1700, Edinburgh

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Att Edinburgh the fiftein day of October One thousand seven hundred years

D1700/10/31

Act

Act Provest King and Stewart

Anent a Petition given in to his Majesties high Commissioner and Lords of privy Councill be William King late provest of Elgine James Stewart and William Douglas baillies James Innes Dean of Gild Androw Ogilvie thesaurer Alexander Fordyce James Warden and Thomas Calder Councillors in the said burgh Shewing That wher the petitioners are most maliciously pursued before the saids Lords at the instance of Robert Innes baillie of Elgine for himself and in name of some others who have raised a most false and groundles Complaint against the petitioners in order not only to invert the old Constitutione of the said toune of Elgine and put the petitioners to vast and unnecessary Charges Bot Likewayes to oblidge a great number of the petitioners to come here and neglect both the publict affairs of the toune and their oun privat bussiness and seing the said William King and James Stewart are content to submitt themselves to and undergoe what ever the saids Lord should determine against the rest and to enact themselves for that effect and that it wes not proper the toune should be wholly destitute of those Complained upon and that the saids Lords in such cases are pleased to dispence with the presence of some upon such necessary occasiones And Therfore humbly supplicating the saids Lords to the effect aftermentioned as the said petition bears. His Majesties high Commissioner and the Lords of his Majesties privy Councill haveing Considered the above petition given in to them by the above magistrats of Elgine, They have Dispensed and hereby Dispenses With the personall Compearance of the haill petitioners Except the above William King Late provest and James Stewart baillie in the above process And Declares the said provest King and baillie Stewart their Compearances to be sufficient for the haill petitioners in both the above processes Principall and reconvention, The said provest King and baillie Stewart first enacting themselves in the books of privy Councill That not only they Bot all the other2 petitioners and defers3 in the principall Lybell and pursuers in the reconventione shall obtempor and fullfill the sentance to be given and pronounced against them in aither of the saids processes.

Att Edinburgh the fiftein day of October One thousand seven hundred years

D1700/10/31

Act

Act Provest King and Stewart

Anent a Petition given in to his Majesties high Commissioner and Lords of privy Councill be William King late provest of Elgine James Stewart and William Douglas baillies James Innes Dean of Gild Androw Ogilvie thesaurer Alexander Fordyce James Warden and Thomas Calder Councillors in the said burgh Shewing That wher the petitioners are most maliciously pursued before the saids Lords at the instance of Robert Innes baillie of Elgine for himself and in name of some others who have raised a most false and groundles Complaint against the petitioners in order not only to invert the old Constitutione of the said toune of Elgine and put the petitioners to vast and unnecessary Charges Bot Likewayes to oblidge a great number of the petitioners to come here and neglect both the publict affairs of the toune and their oun privat bussiness and seing the said William King and James Stewart are content to submitt themselves to and undergoe what ever the saids Lord should determine against the rest and to enact themselves for that effect and that it wes not proper the toune should be wholly destitute of those Complained upon and that the saids Lords in such cases are pleased to dispence with the presence of some upon such necessary occasiones And Therfore humbly supplicating the saids Lords to the effect aftermentioned as the said petition bears. His Majesties high Commissioner and the Lords of his Majesties privy Councill haveing Considered the above petition given in to them by the above magistrats of Elgine, They have Dispensed and hereby Dispenses With the personall Compearance of the haill petitioners Except the above William King Late provest and James Stewart baillie in the above process And Declares the said provest King and baillie Stewart their Compearances to be sufficient for the haill petitioners in both the above processes Principall and reconvention, The said provest King and baillie Stewart first enacting themselves in the books of privy Councill That not only they Bot all the other2 petitioners and defers3 in the principall Lybell and pursuers in the reconventione shall obtempor and fullfill the sentance to be given and pronounced against them in aither of the saids processes.

1. NRS, PC2/28, 11r-v.

2. Two words scored out here, possibly ‘defenders and’.

3. Sic, presumably an error or unmarked contraction for ‘defenders’.

1. NRS, PC2/28, 11r-v.

2. Two words scored out here, possibly ‘defenders and’.

3. Sic, presumably an error or unmarked contraction for ‘defenders’.

Act, 15 October 1700, Edinburgh

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Att Edinburgh the fiftein day of October One thousand seven hundred years

D1700/10/21

Act

Act Wauchop of Nidrie

Anent a Petition given in to his Majesties high Commissioner and the Lords of his Majesties privy Councill be Androw Wauchope of Nidrie Shewing That the petitioner in August Last haveing granted bond and enacted himself in the books of privy Councill as Cautioner for Mr James Innes, That he should depart furth of this kingdome and transport himself beyond seas betwixt and the fiftein day of september therafter with the first Occasion under the penaltie mentioned in the said bond, And seing the petitioner had fullfilled his obligation by the principalls aryvall at Roterdam in Holland upon the sixteinth of september Last as is testified by a Certificat therwith produced under the hand of John Miller skipper and Thomas Millar Mate of the Ship called the Thisle of Kircaldy wherin he aplyed the voyage which is also signed and testified by the Master of Sinclar and severall Gentlemen passangers who also plyed the same voyage from the River of Forth to Rotterdame As Lykewayes by Mr Alexander Carstairs and Gilbert Black merchants in resident at Rotterdame upon his aryveall And, Therfore humbly supplicating to the effect aftermentioned as the said petition bears His Majesties high Commissioner and the Lords of his Majesties privy Councill Haveing Considered the above petition given in to them be the above Andrew Wauchope of Nidrie with the Certificat mentioned therin and produced therwith They hereby give full power and Warrant to the Clerks of privy Councill to delyver up to the said petitioner the above bond granted be him as Cautioner for the above Mr James Innes therin designed alias Clerk which is dated the sixteinth day of August Jaj vjjc years and Containes two hundred pounds sterling of penaltie For which this shall be to them and all concerned a sufficient warrant

Att Edinburgh the fiftein day of October One thousand seven hundred years

D1700/10/21

Act

Act Wauchop of Nidrie

Anent a Petition given in to his Majesties high Commissioner and the Lords of his Majesties privy Councill be Androw Wauchope of Nidrie Shewing That the petitioner in August Last haveing granted bond and enacted himself in the books of privy Councill as Cautioner for Mr James Innes, That he should depart furth of this kingdome and transport himself beyond seas betwixt and the fiftein day of september therafter with the first Occasion under the penaltie mentioned in the said bond, And seing the petitioner had fullfilled his obligation by the principalls aryvall at Roterdam in Holland upon the sixteinth of september Last as is testified by a Certificat therwith produced under the hand of John Miller skipper and Thomas Millar Mate of the Ship called the Thisle of Kircaldy wherin he aplyed the voyage which is also signed and testified by the Master of Sinclar and severall Gentlemen passangers who also plyed the same voyage from the River of Forth to Rotterdame As Lykewayes by Mr Alexander Carstairs and Gilbert Black merchants in resident at Rotterdame upon his aryveall And, Therfore humbly supplicating to the effect aftermentioned as the said petition bears His Majesties high Commissioner and the Lords of his Majesties privy Councill Haveing Considered the above petition given in to them be the above Andrew Wauchope of Nidrie with the Certificat mentioned therin and produced therwith They hereby give full power and Warrant to the Clerks of privy Councill to delyver up to the said petitioner the above bond granted be him as Cautioner for the above Mr James Innes therin designed alias Clerk which is dated the sixteinth day of August Jaj vjjc years and Containes two hundred pounds sterling of penaltie For which this shall be to them and all concerned a sufficient warrant

1. NRS, PC2/28, 10v-11r.

1. NRS, PC2/28, 10v-11r.

Sederunt, 15 October 1700, Edinburgh

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Att Edinburgh the fiftein day of October One thousand seven hundred years1

D1700/10/12

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Mortone; Earl of Lauderdale; Earl of Findlater; Earl of Annandale; Viscount Seafeild: S:; Viscount Tarbat; Lord Thesaurer deput; Lord Philiphaugh; Lord Crossrig; Lord Phesdoe; Mr Frances Montgomery; Laird of Stivenson; Lord Provost of Edinburgh

Att Edinburgh the fiftein day of October One thousand seven hundred years1

D1700/10/12

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Mortone; Earl of Lauderdale; Earl of Findlater; Earl of Annandale; Viscount Seafeild: S:; Viscount Tarbat; Lord Thesaurer deput; Lord Philiphaugh; Lord Crossrig; Lord Phesdoe; Mr Frances Montgomery; Laird of Stivenson; Lord Provost of Edinburgh

1. NRS, PC2/28, 10v.

2. NRS, PC2/28, 10v.

1. NRS, PC2/28, 10v.

2. NRS, PC2/28, 10v.

Order, 24 September 1700, Edinburgh

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Att Edinburgh the Twenty fourth day of September One thousand seven hundred years

D1700/9/31

Order

Act Duncan of Strathmartine

Anent a Petition given in to his Majesties Commissioner and the Lords of his Majesties privy Councill be Alexander Duncan of Strathmartine and Jannet Buntein his mother for her intrest Shewing That the petitioner did purchase the estate of Strathmartine from Thomas Wintoune Late heritor therof and being infeft upon his disposition was in peacable possession of the samen particularly the petitioner hade their family provisiones and plenishing within the house and haveing Laboured and sowen the Mayens were reaping in their harvest therof Bot the said Thomas Wintoune with his accomplices in armes upon the Twelth day of this moneth and watching till the gate was opened in the morning thronged in upon the servant who was opening it knocket him down and wounded him with the other servants of the house thrust out the petitioner Jannet Buntein and the rest of the family seazed all the petitioners effects and bolted the gates on the petitioners, besides many other violences and indignities which two of these servants were here ready to attest, Hereupon the petitioner applyed to the shirriff of Angus wher the petitioners house Lyes with a messinger who to faciltat the bussines did come to the house with the assistance of some of the Countrey and offered to put two Captiones in execution against the said Thomas Wintoune one wherof was upon a Letter of Laborowes obtained before the saids Lords, But they were violently deforced and the said Thomas with his accomplices not only resisted the making open doors bot Likewayes threatned to fire upon them and by severall opprobrious minaces Contemned his Majesties and the saids Lords authority as ane declaration under the hand of the sherriff and ane execution of deforcement under the hand of the messenger therwith produced would testifie and as ane evidence of his contempt and designe still to withstand the executione of the Law he hade put up a reid flag up on the towr of the said house Wherupon the petitioners most humbly represent That as this is a most attrocious intrusion on the petitioners house wherin they were peacably recideing under protection of the government and a most violent rifleing of the petitioners goods therein, and a most ruptous abuse of the persones of the petitioners and their servants so it was a most audatious Contempt of his majestie and the Saids Lords authority which if it should not be recently and summarly redressed these depredators might either run away with petitioners goods, or keeping garison in the house Marr their service of the maynes and by their sorning upon the tennents round about Likwayes ruin them at this Seasone of which manadgment the said Thomas Wintoune did give a former instance the last year for remeeding wherof he being put in prison upon the saids Lords Laborrowes he escaped lately by a false key and is the Course which he now takes upon his escape And Therfore Humbly Craveing the saids Lords would be pleased to provyd such remeed as they in their wisdome and Justice should think fitt, particularly of Collonell Fergusone regiment which lyes nixt adjacent at Pearth (The petitioners house being near Dundie) to assist the Shirriff and messingers in puting the Caption on the saids Lords Laborowes to effectuall execution and repossessing the petitioners their being no other ordinar remeedie left to the petitioners as appeared by the declaration and execution of deforcement abovementioned or to provyde such other speedie remeedy as the saids Lords should find expedient as the said petition bears His Majesties high Commisioner and the Lords of his Majesties privy Councill haveing Considered the above petition given in to them by the above Alexander Duncan of Strathmartine and Jannet Buntein his mother with the declaration under the hand of the shirriff depute of Forfar and execution of deforcement under the hand of the messenger both mentioned in and produced with the said petition, They do hereby Recommend to the Earle of Strathmore shirriff principall of the Shyre of Forfarr had gives order and warrant to his depute to give his assistance to the petitioners and the messinger Imployed by them in puting to execution the above Captiones raised at the petitioners instance and in puting the petitioners in the peaceable repossession of the above house and estate of Strathmartine and appoints the said shirriff and his deputs and messenger to be Imployed to call his Majesties Leidges to2 assist and concurr with them in the premisses and appoints his majesties Leidges to answer and obey the said shirriff or his deputs and messengers when they shall be called or requyred therto as they will be answerable according to the Lawes and acts of parliament of this kingdome, and have allowed and hereby Allowes the petitioners to raise a Lybell before the Councill at their instances against the said Thomas Wintounee of Strathmartine and his accomplices upon the acts of parliament for shifting and maintaineing houses against his Majestie and the government to be cited theron by a herauld to render and give up the same to the petitioner under the pain of Treasone, and ordaines Letters of horning on fifein dayes under the signet of Councill and others needfull to be direct here on at the petitioners instance against the said shirriff and his deputs and messengers to be Imployed by the petitioners.

Att Edinburgh the Twenty fourth day of September One thousand seven hundred years

D1700/9/31

Order

Act Duncan of Strathmartine

Anent a Petition given in to his Majesties Commissioner and the Lords of his Majesties privy Councill be Alexander Duncan of Strathmartine and Jannet Buntein his mother for her intrest Shewing That the petitioner did purchase the estate of Strathmartine from Thomas Wintoune Late heritor therof and being infeft upon his disposition was in peacable possession of the samen particularly the petitioner hade their family provisiones and plenishing within the house and haveing Laboured and sowen the Mayens were reaping in their harvest therof Bot the said Thomas Wintoune with his accomplices in armes upon the Twelth day of this moneth and watching till the gate was opened in the morning thronged in upon the servant who was opening it knocket him down and wounded him with the other servants of the house thrust out the petitioner Jannet Buntein and the rest of the family seazed all the petitioners effects and bolted the gates on the petitioners, besides many other violences and indignities which two of these servants were here ready to attest, Hereupon the petitioner applyed to the shirriff of Angus wher the petitioners house Lyes with a messinger who to faciltat the bussines did come to the house with the assistance of some of the Countrey and offered to put two Captiones in execution against the said Thomas Wintoune one wherof was upon a Letter of Laborowes obtained before the saids Lords, But they were violently deforced and the said Thomas with his accomplices not only resisted the making open doors bot Likewayes threatned to fire upon them and by severall opprobrious minaces Contemned his Majesties and the saids Lords authority as ane declaration under the hand of the sherriff and ane execution of deforcement under the hand of the messenger therwith produced would testifie and as ane evidence of his contempt and designe still to withstand the executione of the Law he hade put up a reid flag up on the towr of the said house Wherupon the petitioners most humbly represent That as this is a most attrocious intrusion on the petitioners house wherin they were peacably recideing under protection of the government and a most violent rifleing of the petitioners goods therein, and a most ruptous abuse of the persones of the petitioners and their servants so it was a most audatious Contempt of his majestie and the Saids Lords authority which if it should not be recently and summarly redressed these depredators might either run away with petitioners goods, or keeping garison in the house Marr their service of the maynes and by their sorning upon the tennents round about Likwayes ruin them at this Seasone of which manadgment the said Thomas Wintoune did give a former instance the last year for remeeding wherof he being put in prison upon the saids Lords Laborrowes he escaped lately by a false key and is the Course which he now takes upon his escape And Therfore Humbly Craveing the saids Lords would be pleased to provyd such remeed as they in their wisdome and Justice should think fitt, particularly of Collonell Fergusone regiment which lyes nixt adjacent at Pearth (The petitioners house being near Dundie) to assist the Shirriff and messingers in puting the Caption on the saids Lords Laborowes to effectuall execution and repossessing the petitioners their being no other ordinar remeedie left to the petitioners as appeared by the declaration and execution of deforcement abovementioned or to provyde such other speedie remeedy as the saids Lords should find expedient as the said petition bears His Majesties high Commisioner and the Lords of his Majesties privy Councill haveing Considered the above petition given in to them by the above Alexander Duncan of Strathmartine and Jannet Buntein his mother with the declaration under the hand of the shirriff depute of Forfar and execution of deforcement under the hand of the messenger both mentioned in and produced with the said petition, They do hereby Recommend to the Earle of Strathmore shirriff principall of the Shyre of Forfarr had gives order and warrant to his depute to give his assistance to the petitioners and the messinger Imployed by them in puting to execution the above Captiones raised at the petitioners instance and in puting the petitioners in the peaceable repossession of the above house and estate of Strathmartine and appoints the said shirriff and his deputs and messenger to be Imployed to call his Majesties Leidges to2 assist and concurr with them in the premisses and appoints his majesties Leidges to answer and obey the said shirriff or his deputs and messengers when they shall be called or requyred therto as they will be answerable according to the Lawes and acts of parliament of this kingdome, and have allowed and hereby Allowes the petitioners to raise a Lybell before the Councill at their instances against the said Thomas Wintounee of Strathmartine and his accomplices upon the acts of parliament for shifting and maintaineing houses against his Majestie and the government to be cited theron by a herauld to render and give up the same to the petitioner under the pain of Treasone, and ordaines Letters of horning on fifein dayes under the signet of Councill and others needfull to be direct here on at the petitioners instance against the said shirriff and his deputs and messengers to be Imployed by the petitioners.

1. NRS, PC2/28, 9r-10v.

2. The word ‘answer’ scored out here.

1. NRS, PC2/28, 9r-10v.

2. The word ‘answer’ scored out here.

Order, 24 September 1700, Edinburgh

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Att Edinburgh the Twenty fourth day of September One thousand seven hundred years

D1700/9/21

Order

Act Rutherfoord of Fermingtoune Against Scott

Anent a Petition given in to his Majesties high Commissioner and Lords of his Majesties privy Councill be George Rutherfoord of Fermingtoune Shewing That since the petitioner was Lately named a Commissioner of Supply for the Shyre of Roxburgh he hath readily endeavoured to discharge the duty of that trust, Bot did nowayes Judge himself by accepting to be a Commissioner subject and Lyable for the Ommissiones or duties of any other who hade served the Shyre Commissioners of Suply eightein or Tuenty dayes agoe, yet nevertheless Sir James Oswald of Fingletoune Generall receiver of the Cess and excyse for the years Jaj vjc Eightie one and Jaj vjc eightie thrie haveing ordered a partie to quarter upon the Shyre of Roxburgh for some pretended deficiencies of these years under the Command of Francis Scot a Gentlman of the guards, who haveing intimat his order of quartering to the present Commissioners did within a few dayes therafter accompanied with his party come to the petitioners house and ther violently and masterfully seazed and caried away one of the petitioners best sade horses above Ten pounds sterling value upon pretence of ryding money without any order or warrand from the present Commissioners of authority and sentance of any Judge whatsomever, and which horse was not only detained from the petitioner to this day and made a Comon posture up and down the Countrey Bot the petitioner getting information, that his horse was at Jedburgh did not only cause areist him by order and warrand from the shirriff, Bot also the said Francis Scot being called before the said Commissioners of Supply and ordered to delyver back the horse conforme to their act and Ordinance therwith produced not only refused the same Bot openly declared that so long as his orders stood unrecalled he would doe the Like to others of the Commissioners from time to time wherby the petitioner was not only manifastly absued; Bot this maner of proceeding might discourage the most affectionat of his Majesties subjects in serving their king their king2 and Countrey If the saids Lords should not timeously provyde remeedy and Likewayes in contempt of Law brocke the areistment and caried away the horse, And Therfore Humbly Craveing the saids Lords would be pleased not only to ordaine the said Francis Scot or any other in whose hands the petitioners horse should be found instantly to restore and delyver up the same to the petitioner Bot also to ordaine the petitioner to be refound of expence and damnadge as the same shall be Liquidate before the Commissioners of Supply Conforme to the Lawes and acts of parliament made anent abuses of this Sort and nature As the said petition bears His Majesties high Commissioner and the Lords of his Majesties privy Councill having Considered the above petition given in to them by the above George Rutherfoord of Fermingtoune with the Commissioners of Supplies warrant and executione therof mentioned therin and produced therwith His Grace and their Lordships Decerne and Ordaine the abovenamed Francis Scot or any other persone in whose hands the said petitioners above horse may be found to restore and instantly delyver the same back againe to the petitioner And allowes the said Francis Scott to see and answer the rest of the petition As to the expenses and damnadge untill the nixt Councill day And Ordaines Letters of horning on six dayes and Other executions needfull to pass hereon under the Signet of Councill in form as effeirs

Att Edinburgh the Twenty fourth day of September One thousand seven hundred years

D1700/9/21

Order

Act Rutherfoord of Fermingtoune Against Scott

Anent a Petition given in to his Majesties high Commissioner and Lords of his Majesties privy Councill be George Rutherfoord of Fermingtoune Shewing That since the petitioner was Lately named a Commissioner of Supply for the Shyre of Roxburgh he hath readily endeavoured to discharge the duty of that trust, Bot did nowayes Judge himself by accepting to be a Commissioner subject and Lyable for the Ommissiones or duties of any other who hade served the Shyre Commissioners of Suply eightein or Tuenty dayes agoe, yet nevertheless Sir James Oswald of Fingletoune Generall receiver of the Cess and excyse for the years Jaj vjc Eightie one and Jaj vjc eightie thrie haveing ordered a partie to quarter upon the Shyre of Roxburgh for some pretended deficiencies of these years under the Command of Francis Scot a Gentlman of the guards, who haveing intimat his order of quartering to the present Commissioners did within a few dayes therafter accompanied with his party come to the petitioners house and ther violently and masterfully seazed and caried away one of the petitioners best sade horses above Ten pounds sterling value upon pretence of ryding money without any order or warrand from the present Commissioners of authority and sentance of any Judge whatsomever, and which horse was not only detained from the petitioner to this day and made a Comon posture up and down the Countrey Bot the petitioner getting information, that his horse was at Jedburgh did not only cause areist him by order and warrand from the shirriff, Bot also the said Francis Scot being called before the said Commissioners of Supply and ordered to delyver back the horse conforme to their act and Ordinance therwith produced not only refused the same Bot openly declared that so long as his orders stood unrecalled he would doe the Like to others of the Commissioners from time to time wherby the petitioner was not only manifastly absued; Bot this maner of proceeding might discourage the most affectionat of his Majesties subjects in serving their king their king2 and Countrey If the saids Lords should not timeously provyde remeedy and Likewayes in contempt of Law brocke the areistment and caried away the horse, And Therfore Humbly Craveing the saids Lords would be pleased not only to ordaine the said Francis Scot or any other in whose hands the petitioners horse should be found instantly to restore and delyver up the same to the petitioner Bot also to ordaine the petitioner to be refound of expence and damnadge as the same shall be Liquidate before the Commissioners of Supply Conforme to the Lawes and acts of parliament made anent abuses of this Sort and nature As the said petition bears His Majesties high Commissioner and the Lords of his Majesties privy Councill having Considered the above petition given in to them by the above George Rutherfoord of Fermingtoune with the Commissioners of Supplies warrant and executione therof mentioned therin and produced therwith His Grace and their Lordships Decerne and Ordaine the abovenamed Francis Scot or any other persone in whose hands the said petitioners above horse may be found to restore and instantly delyver the same back againe to the petitioner And allowes the said Francis Scott to see and answer the rest of the petition As to the expenses and damnadge untill the nixt Councill day And Ordaines Letters of horning on six dayes and Other executions needfull to pass hereon under the Signet of Councill in form as effeirs

1. NRS, PC2/28, 8r-9r.

2. Sic.

1. NRS, PC2/28, 8r-9r.

2. Sic.

Sederunt, 24 September 1700, Edinburgh

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Att Edinburgh the Twenty fourth day of September One thousand seven hundred years1

D1700/9/12

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Argyll; Earl of Crafurd; Earl of Morton; Earl of Leven; Lord Thesaurer deput; Lord Philiphaugh; Lord Crossrig; Lord Rankeillor; Laird of Stevenson; provost of Edinburgh

Att Edinburgh the Twenty fourth day of September One thousand seven hundred years1

D1700/9/12

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Argyll; Earl of Crafurd; Earl of Morton; Earl of Leven; Lord Thesaurer deput; Lord Philiphaugh; Lord Crossrig; Lord Rankeillor; Laird of Stevenson; provost of Edinburgh

1. NRS, PC2/28, 8r.

2. NRS, PC2/28, 8r.

1. NRS, PC2/28, 8r.

2. NRS, PC2/28, 8r.

Act, 15 August 1700, Edinburgh

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Att Edinburgh the Fiftein day of August one thousand seven hundred years

D1700/8/141

Act

Act Captain John Slezer

Anent a Petition given in to his Majesties high Commissioner and the Lords of his Majesties privy Councill be Captain John Slezer Shewing That the petitioner haveing the reiterated faith of the nation towards the Carieing on of a work which by the act of Tunadge Jaj vjc nyntie fyve Is declared to be for the advantage honor and reputation of the nation he did so much rely theron and hath used such dilligence to bring his work to perfection, That beside the first volume which was published some years agoe other two volumes were laid before the parliament; in the year Jaj vjc nyntie Eight, both of which were ready for the press and ingravers and by the saids Lords act upon the twenty Eight of June Jaj vjc nyntie Eight ther is a ballance of ane thousand and nyntie pounds sterling of depursments due to the petitioner For want of which the publishing of his work is retarded, the petitioner not only haveing spent his privat stock Bot deeply ingadged his Credit both at Home and abroad in prosecuteing his work upon the faith of the said act of Tunadge Wherby he and his family did extreamly suffer and more especially his Childrein in their education, and seing that the small accompt that is made by the Collectors of the product of the tunage is a very great prejudice and that the true accompt quherof is of great Concerne to the petitioner, and to all others concerned in the Tuneage and that the execution of the act Imposeing the tunnage is remitted to the saids Lords, and that tho the said Tunnage (as the petitioner was Creditablie informed) hade been rigerously exacted, yet the same hath not been so duely payed to the Cash keeper, and therfore for redressing of any bygone abuse, and for preventing the Like in time comeing, The petitioner In Respect of his great intrest in the Tunneage, and that the same may be made effectuall for the uses designed Does with all humilitie offer to the saids Lords the expedients following Primo that the Lords would authorize the petitioner and any they should think fitt to enjoyne with him to Call for and2 Inspects all books and recepts in relation to the Collection of the Tunnage since the year Jaj vjc nyntie fyve to the effect ther may be a Charge made up against the Collectors since that time, and that he and any others Commissionat might report their dilligence to the saids Lords and Conveen before their Lordships such Collectors as hade neglected their duty in this affair secundo That the saids Lords would be pleased to Issue out a proclamation Requyreing all Collectors since the Tunnage was Imposed to transmitt to the Cashkeeper betwixt and such a day as the saids Lords should think fitt a true and exact abreviat signed by them of the Tunnage Collected by them, and that the petitioner and any others with him to be Commissionat by the saids Lords be allowed to inspect the same, and the petitioner was very hopefull to demonstrat to the saids Lords very many abuses in collecting of the said Tunnage As also that the saids Lords would appoint the Collectors to transmitt a signed list of all scots ships above Twelve tunn burdein within their precints and that no Collector be allowed to depone upon the verity of their abreviats Untill the petitioner revise the same seing the petitioner hade good grounds to beleive that some3 concerned in the Collecting the Tunnage could not safely depone upon the abreviats already given in be them, and the petitioner does make these proposalls on no other designe bot that the true product of the Tunnage might be knowen he haveing a Considerable intrest therin and his Credit deeply ingadged upon the faith therof, and albeit by the saids Lords act ther was due to the petitioner as said is, upwards of ane thousand pounds sterling yet the petitioners Zeall to have the work advanced was such, and the assured hopes he hade that the saids Lords would not suffer him and his family to perish by a publict undertaking, He offered upon present payment only of Thrie hundred pounds Sterling to put his work in the hands of the best printers and ingravers in London in order to be published, and would not demand more money of the saids Lords untill their Lordships ware satisfied of the progress he made from this time and merit of this work And Therfore humbly Craveing the Saids Lords would be pleased to Consider the premisses and to authorize the petitioner and any others with him the saids Lords should think fitt to call for and in respect the Collectors books or any other wrytes for makeing a due charge of the Tunnadge upon them and to Conveen any of them before the saids Lords who hade neglected their duty therin; and to Issue furth a proclamation appointing the saids Collectors to transmitt to the Cashkeeper signed abreviats of their intromissiones with the Tunnage and of the burdein of the scots ships and barks within their respective presinks above Twelve Tunn of Burdein and that no Collectors depone upon their abreviats untill the same be revised by the petitioner and others Commissionat by the saids Lords with him And in respect That by the saids Lords act ther was due of depursments to the petitioner in June Jaj vjc Nyntie Eight the sume of ane thousand and nyntie pounds sterling, and that since he hade been at more expences, That the saids Lord would in the mean time appoint only thrie hundred pounds Sterling to be payed to the petitioner out of the first and readiest of the product of the Tunnage to be Imployed for printing and ingraveing his work, and for releiving (in some Measure) the Straits and pinches wherein to the petitioner was4 reduced, By Imploying his own privat Stock and the ingadgeing of his Credit deeply both at home and abroad and in prosecuteing his work upon the publict faith of the Tunnage act As the petitione bears; His Majesties high Commmissioner and the Lords of Majesties privy Councill haveing Considered the above given in to them by the above Captain Slezer, The hereby Grant Commission to the said petitioner, John Adair Georgrapher and Hew Cunninghame wryter to the signet Joyntly to call for and inspect the Collectors books of the above Tunnage or any other wrytes for making a due Charge of the said Tunnage upon them preceeding the act of parliament of the first of September Jaj vjc Nyntie eight with power also to (5all from the respective Collectors signed abreviats of their intromissiones with the tunnadge preceeding the said first of September Jaj vjc Nyntie eight, and of the burden of the scots ships and barks within their respective presinks dureing that space above twelve tunn of burdein Dischargeing hereby any Collectors to depone upon their abreviats of the tunnage preceiding the first of September Jaj vjc Nyntie Eight untill the same be revised by the Commissioners who be mentioned, And ordaines Letters of horning under the Signet of Councill on fiftein dayes and others needfull to be direct at the said Commissioners instance against the saids Collectors in forme as effeirs Conforme to a subscryved List under the hands of the saids Commissioners to be given in by them to the Clerks of privy Councill of the saids Collectors.

Att Edinburgh the Fiftein day of August one thousand seven hundred years

D1700/8/141

Act

Act Captain John Slezer

Anent a Petition given in to his Majesties high Commissioner and the Lords of his Majesties privy Councill be Captain John Slezer Shewing That the petitioner haveing the reiterated faith of the nation towards the Carieing on of a work which by the act of Tunadge Jaj vjc nyntie fyve Is declared to be for the advantage honor and reputation of the nation he did so much rely theron and hath used such dilligence to bring his work to perfection, That beside the first volume which was published some years agoe other two volumes were laid before the parliament; in the year Jaj vjc nyntie Eight, both of which were ready for the press and ingravers and by the saids Lords act upon the twenty Eight of June Jaj vjc nyntie Eight ther is a ballance of ane thousand and nyntie pounds sterling of depursments due to the petitioner For want of which the publishing of his work is retarded, the petitioner not only haveing spent his privat stock Bot deeply ingadged his Credit both at Home and abroad in prosecuteing his work upon the faith of the said act of Tunadge Wherby he and his family did extreamly suffer and more especially his Childrein in their education, and seing that the small accompt that is made by the Collectors of the product of the tunage is a very great prejudice and that the true accompt quherof is of great Concerne to the petitioner, and to all others concerned in the Tuneage and that the execution of the act Imposeing the tunnage is remitted to the saids Lords, and that tho the said Tunnage (as the petitioner was Creditablie informed) hade been rigerously exacted, yet the same hath not been so duely payed to the Cash keeper, and therfore for redressing of any bygone abuse, and for preventing the Like in time comeing, The petitioner In Respect of his great intrest in the Tunneage, and that the same may be made effectuall for the uses designed Does with all humilitie offer to the saids Lords the expedients following Primo that the Lords would authorize the petitioner and any they should think fitt to enjoyne with him to Call for and2 Inspects all books and recepts in relation to the Collection of the Tunnage since the year Jaj vjc nyntie fyve to the effect ther may be a Charge made up against the Collectors since that time, and that he and any others Commissionat might report their dilligence to the saids Lords and Conveen before their Lordships such Collectors as hade neglected their duty in this affair secundo That the saids Lords would be pleased to Issue out a proclamation Requyreing all Collectors since the Tunnage was Imposed to transmitt to the Cashkeeper betwixt and such a day as the saids Lords should think fitt a true and exact abreviat signed by them of the Tunnage Collected by them, and that the petitioner and any others with him to be Commissionat by the saids Lords be allowed to inspect the same, and the petitioner was very hopefull to demonstrat to the saids Lords very many abuses in collecting of the said Tunnage As also that the saids Lords would appoint the Collectors to transmitt a signed list of all scots ships above Twelve tunn burdein within their precints and that no Collector be allowed to depone upon the verity of their abreviats Untill the petitioner revise the same seing the petitioner hade good grounds to beleive that some3 concerned in the Collecting the Tunnage could not safely depone upon the abreviats already given in be them, and the petitioner does make these proposalls on no other designe bot that the true product of the Tunnage might be knowen he haveing a Considerable intrest therin and his Credit deeply ingadged upon the faith therof, and albeit by the saids Lords act ther was due to the petitioner as said is, upwards of ane thousand pounds sterling yet the petitioners Zeall to have the work advanced was such, and the assured hopes he hade that the saids Lords would not suffer him and his family to perish by a publict undertaking, He offered upon present payment only of Thrie hundred pounds Sterling to put his work in the hands of the best printers and ingravers in London in order to be published, and would not demand more money of the saids Lords untill their Lordships ware satisfied of the progress he made from this time and merit of this work And Therfore humbly Craveing the Saids Lords would be pleased to Consider the premisses and to authorize the petitioner and any others with him the saids Lords should think fitt to call for and in respect the Collectors books or any other wrytes for makeing a due charge of the Tunnadge upon them and to Conveen any of them before the saids Lords who hade neglected their duty therin; and to Issue furth a proclamation appointing the saids Collectors to transmitt to the Cashkeeper signed abreviats of their intromissiones with the Tunnage and of the burdein of the scots ships and barks within their respective presinks above Twelve Tunn of Burdein and that no Collectors depone upon their abreviats untill the same be revised by the petitioner and others Commissionat by the saids Lords with him And in respect That by the saids Lords act ther was due of depursments to the petitioner in June Jaj vjc Nyntie Eight the sume of ane thousand and nyntie pounds sterling, and that since he hade been at more expences, That the saids Lord would in the mean time appoint only thrie hundred pounds Sterling to be payed to the petitioner out of the first and readiest of the product of the Tunnage to be Imployed for printing and ingraveing his work, and for releiving (in some Measure) the Straits and pinches wherein to the petitioner was4 reduced, By Imploying his own privat Stock and the ingadgeing of his Credit deeply both at home and abroad and in prosecuteing his work upon the publict faith of the Tunnage act As the petitione bears; His Majesties high Commmissioner and the Lords of Majesties privy Councill haveing Considered the above given in to them by the above Captain Slezer, The hereby Grant Commission to the said petitioner, John Adair Georgrapher and Hew Cunninghame wryter to the signet Joyntly to call for and inspect the Collectors books of the above Tunnage or any other wrytes for making a due Charge of the said Tunnage upon them preceeding the act of parliament of the first of September Jaj vjc Nyntie eight with power also to (5all from the respective Collectors signed abreviats of their intromissiones with the tunnadge preceeding the said first of September Jaj vjc Nyntie eight, and of the burden of the scots ships and barks within their respective presinks dureing that space above twelve tunn of burdein Dischargeing hereby any Collectors to depone upon their abreviats of the tunnage preceiding the first of September Jaj vjc Nyntie Eight untill the same be revised by the Commissioners who be mentioned, And ordaines Letters of horning under the Signet of Councill on fiftein dayes and others needfull to be direct at the said Commissioners instance against the saids Collectors in forme as effeirs Conforme to a subscryved List under the hands of the saids Commissioners to be given in by them to the Clerks of privy Councill of the saids Collectors.

1. NRS, PC2/28, 6r-8r.

2. Illegible words scored out here.

3. Illegible words scored out here.

4. One word scored out here

5. Closing bracket missing.

1. NRS, PC2/28, 6r-8r.

2. Illegible words scored out here.

3. Illegible words scored out here.

4. One word scored out here

5. Closing bracket missing.

Sederunt, 15 August 1700, Edinburgh

Posted on by

Att Edinburgh the Fiftein day of August one thousand seven hundred years1

D1700/8/132

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Argyll; Earl of Marr; Earl of Morton; Earl of Cassills; Earl of Lothian; Earl of Leven; Earl of Annandale; Viscount Tarbet; Lord Forbes; Lord Advocat; Lord provost of Edinburgh

Att Edinburgh the Fiftein day of August one thousand seven hundred years1

D1700/8/132

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Argyll; Earl of Marr; Earl of Morton; Earl of Cassills; Earl of Lothian; Earl of Leven; Earl of Annandale; Viscount Tarbet; Lord Forbes; Lord Advocat; Lord provost of Edinburgh

1. NRS, PC2/28, 6r.

2. NRS, PC2/28, 6r.

1. NRS, PC2/28, 6r.

2. NRS, PC2/28, 6r.

Procedure: committee formed, 14 August 1700, Edinburgh

Posted on by

Att Edinburgh the Fourteinth day of August Jaj vjc years

D1700/8/121

Procedure: committee formed

Committie anent The Magistrats of Edinburgh

The Magistrates of Edinburgh being called and Compearing before his Grace his Majesties high Commissioner and the Lords of his Majesties privy Councill, The Saids Lords hereby Nominats and appoints the Earles of Argyle Marr, Cassills and Annandale and the Viscount of Tarbat to be a Committie to hear and Consider of what is informed anent the Magistrats neglect and of the Misdemaners done as at the punishing of the persones appointed to be punished by the Lords Commissioners of Justiciary for thar accession to the rable and the Misdemaners Committed by the saids persones themselves the time of their punishment, And Recommends to the said Committie to meet this afternoon at six of the Cloak and Declaires any thrie of them to be a sufficient quorum.

Att Edinburgh the Fourteinth day of August Jaj vjc years

D1700/8/121

Procedure: committee formed

Committie anent The Magistrats of Edinburgh

The Magistrates of Edinburgh being called and Compearing before his Grace his Majesties high Commissioner and the Lords of his Majesties privy Councill, The Saids Lords hereby Nominats and appoints the Earles of Argyle Marr, Cassills and Annandale and the Viscount of Tarbat to be a Committie to hear and Consider of what is informed anent the Magistrats neglect and of the Misdemaners done as at the punishing of the persones appointed to be punished by the Lords Commissioners of Justiciary for thar accession to the rable and the Misdemaners Committed by the saids persones themselves the time of their punishment, And Recommends to the said Committie to meet this afternoon at six of the Cloak and Declaires any thrie of them to be a sufficient quorum.

1. NRS, PC2/28, 6r.

1. NRS, PC2/28, 6r.

Act, 14 August 1700, Edinburgh

Posted on by

Att Edinburgh the Fourteinth day of August Jaj vjc years

D1700/8/111

Act

Act In Favors of Sir Andrew Ramsay anent a Manufactory of Stuffs

Anent a Petition given in to the Lords of his majesties privy Councill be Sir Andrew Ramsay of Abbotshall and his partner Shewing That wher the petitioners are purposed to sett up a manufactur at Abbotshall of the fine stuffs of wooll and silk, or wooll and threed, half breadth of Cloath never before made or essayed in this Countrey and which by the experiment the petitioners have made else wher and the sample that the petitioners were ready to produce would Certainly prove one of the most usefull and acceptable Manufactories that ever was sett up in this kingdome Likeas for the effectuating this the petitioners purpose for the great good and benefite of the nation, The petitioners hade resolved to Imploy a Considerable stock, and to bring Craftsmen from France and other places, For all which the petitioners Craved no singular encouradgment, save that the petitioners might have Libertie and benefit of this manufactory before unknown in this kingdome for the space of Five years exclusive of all others, and for the space of Twentie one years in the ordainary and usuall maner And which manufactory the petitioners resolve also to Extend to all other sorts of stuffs of wooll or of wooll or silk, As Likewayes to silks figured or plaine but without any exclusion, save as the forsaid new stuff and that for the short space of five years only For so advantageous and expensive ane undertaking And therfore Humbly supplicating the saids Lords to the effect aftermentioned as the said petition bears, His Majesties high Commissioner and the Lords of his Majesties privy Councill Haveing Considered the above petition given in to them be Sir Androw Ramsay of Abottshall and his partners and the swatches of stuffs produced therwith left in the Clerk of Counlls hands, The Doe hereby Declare and Authorize the petitioners above manufactory in the termes and with the priviledges contained in the act of parliament Jaj vjc Eightie one Impower their Lordships for that effect, and for the space of Twenty one yeras in the ordinary and usuall maner, and with the exclusion of all others for the space of five years of the above Twenty one years As to the forsaid fine stuff of wooll and silk, or wooll and thrid allernarly, which fine stuff of wooll and silk or wooll and thried from makeing wherof all others are debarred for the space of five years, are all to be made of the same facture and make with the paternes in the said Clerks hands at granting herof.

Att Edinburgh the Fourteinth day of August Jaj vjc years

D1700/8/111

Act

Act In Favors of Sir Andrew Ramsay anent a Manufactory of Stuffs

Anent a Petition given in to the Lords of his majesties privy Councill be Sir Andrew Ramsay of Abbotshall and his partner Shewing That wher the petitioners are purposed to sett up a manufactur at Abbotshall of the fine stuffs of wooll and silk, or wooll and threed, half breadth of Cloath never before made or essayed in this Countrey and which by the experiment the petitioners have made else wher and the sample that the petitioners were ready to produce would Certainly prove one of the most usefull and acceptable Manufactories that ever was sett up in this kingdome Likeas for the effectuating this the petitioners purpose for the great good and benefite of the nation, The petitioners hade resolved to Imploy a Considerable stock, and to bring Craftsmen from France and other places, For all which the petitioners Craved no singular encouradgment, save that the petitioners might have Libertie and benefit of this manufactory before unknown in this kingdome for the space of Five years exclusive of all others, and for the space of Twentie one years in the ordainary and usuall maner And which manufactory the petitioners resolve also to Extend to all other sorts of stuffs of wooll or of wooll or silk, As Likewayes to silks figured or plaine but without any exclusion, save as the forsaid new stuff and that for the short space of five years only For so advantageous and expensive ane undertaking And therfore Humbly supplicating the saids Lords to the effect aftermentioned as the said petition bears, His Majesties high Commissioner and the Lords of his Majesties privy Councill Haveing Considered the above petition given in to them be Sir Androw Ramsay of Abottshall and his partners and the swatches of stuffs produced therwith left in the Clerk of Counlls hands, The Doe hereby Declare and Authorize the petitioners above manufactory in the termes and with the priviledges contained in the act of parliament Jaj vjc Eightie one Impower their Lordships for that effect, and for the space of Twenty one yeras in the ordinary and usuall maner, and with the exclusion of all others for the space of five years of the above Twenty one years As to the forsaid fine stuff of wooll and silk, or wooll and thrid allernarly, which fine stuff of wooll and silk or wooll and thried from makeing wherof all others are debarred for the space of five years, are all to be made of the same facture and make with the paternes in the said Clerks hands at granting herof.

1. NRS, PC2/28, 5r-v.

1. NRS, PC2/28, 5r-v.