Author Archives: Philip Ward

Act, 13 June 1700, Edinburgh

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Att Edinburgh The Threttein day of June Jaj viic years

D1700/6/61

Act

Act William Marishall and others for ane Manufactory of pines etc

Anent the petition given in to his Majesties high Commissioner and the Lords of his Majesties privy Councill be William Marishall William Gray John Kirkmyre and William Donaldson Merchants in Glasgow Shewing That wher the petitioners have with much paines and trouble brought from abroad skilled to work and make pines and needles boxes sheirs sythes knyves and other hard wair For which a COnsiderbale quantitie of money was yearly exported out of the kingdome, And that the petitioners are to Imploy them in the Manufactory of the forsaid particulars at the Town of Glasgow, By which many poor and young Boyes who are and have been in these hard and dear times a burdein to the kingdome, May have work and the Country eased of their trouble, And Seing that beside the many acts of parliament made for the errecting and incouradging of Manufactories The saids Lords are especially Authorized by the act of parliament Jaj vic Eightie one to declair these Manufactories that should be sett up to be such to the effect they may enjoy the priviledges Liberties and Immunities granted to Manufactories by the saids acts of parliament And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned As the said petitione bears His Majesties high Commissioner and the Lords of his Majesties privy Councill Haveing Considered the above petitione given in to them be the above William Marishall William Gray John Birkmyre and William Donaldsone merchants in Glasgow With a Letter direct by the Magistrates of Glasgow who were ordained to see and Answer the said petition to the Clerks of privy Councill Declairing the Magistrates willingnes that the said bill should pass and that it should receive all incouradgment, They hereby Give power and Warrant to the saids petitioners to sett up their Above work at Glasgow for makeing of Pinnes, Needles, boxes, Shears, Sythes, knyves and other sorts of Hardwair And declaires the Same to be a Manufactory and to have and enjoy the priviledges Liberties and Immunities granted to Manufactories by the above acts of parliament And that dureing the space and time of Nyntein years nixt after the day and date hereof.

Att Edinburgh The Threttein day of June Jaj viic years

D1700/6/61

Act

Act William Marishall and others for ane Manufactory of pines etc

Anent the petition given in to his Majesties high Commissioner and the Lords of his Majesties privy Councill be William Marishall William Gray John Kirkmyre and William Donaldson Merchants in Glasgow Shewing That wher the petitioners have with much paines and trouble brought from abroad skilled to work and make pines and needles boxes sheirs sythes knyves and other hard wair For which a COnsiderbale quantitie of money was yearly exported out of the kingdome, And that the petitioners are to Imploy them in the Manufactory of the forsaid particulars at the Town of Glasgow, By which many poor and young Boyes who are and have been in these hard and dear times a burdein to the kingdome, May have work and the Country eased of their trouble, And Seing that beside the many acts of parliament made for the errecting and incouradging of Manufactories The saids Lords are especially Authorized by the act of parliament Jaj vic Eightie one to declair these Manufactories that should be sett up to be such to the effect they may enjoy the priviledges Liberties and Immunities granted to Manufactories by the saids acts of parliament And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned As the said petitione bears His Majesties high Commissioner and the Lords of his Majesties privy Councill Haveing Considered the above petitione given in to them be the above William Marishall William Gray John Birkmyre and William Donaldsone merchants in Glasgow With a Letter direct by the Magistrates of Glasgow who were ordained to see and Answer the said petition to the Clerks of privy Councill Declairing the Magistrates willingnes that the said bill should pass and that it should receive all incouradgment, They hereby Give power and Warrant to the saids petitioners to sett up their Above work at Glasgow for makeing of Pinnes, Needles, boxes, Shears, Sythes, knyves and other sorts of Hardwair And declaires the Same to be a Manufactory and to have and enjoy the priviledges Liberties and Immunities granted to Manufactories by the above acts of parliament And that dureing the space and time of Nyntein years nixt after the day and date hereof.

1. NRS, PC2/27, 343r-343v.

1. NRS, PC2/27, 343r-343v.

Decreet, 13 June 1700, Edinburgh

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Att Edinburgh The Threttein day of June Jaj viic years

D1700/6/51

Decreet

Decreit Certificatione John Mun against William Miller and others

Anent The Lybell or Letters of Complaint raised and pursued before the Lords of his Majesties privy Councill be John Mun in the Clachan of Rosneath And his Majesties right trustie and weell beloved Cousin and Councellor Archibald Earle of Argyll As high Justiciary of the bounds for his intrest With Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwrittin Making Mentione That wher by the Lawes of this and all other weell governed realmes Thift and Stouth Reiff, and Robbery as also the violent Seazing of mens persones and carieing them away and detaineing them as prisoners in privato Carcere are prohibit, And that the Committing therof, Especially when done against a man in his own house Which ought to be his Sanctuary and with a Convocation in arms and under cloud of night and at the dead hour therof Are Crimes of ane high nature and ought to be severly punished, Nevertheless it is of verity That2 William Miller, milner in Carnsaskine Robert Furbiter their Robert Brine in Camsaskine and William Mcadam in Cairnsaskin all four tennents to the Laird of Cowgraine and As likewayes William Deninstoune Laird of Cowgraine elder Shakeing of all regaird to his Majesties authority and Lawes did upon the Threttein day of March last and in the night therof or one ane or other of the dayes or3 nights of the said moneth come to the dwalling house of the said John Mun pursuer with armes offensive Viz two blunder bushes and a sword and other armes furnished by or at least belonging to the said Cowgrain and that betwixt the hours of Eleven and Twelue at night of the forsaid day or dayes and break up by force the door of the said house and entered therin and Searched the same and violently took away and robbed Nyne hundred merks of money as Likwayes they put violent hands upon and Seazed the persone of the said John Mun and Caried him prisoner to the house of Cowgraine and keept him prisoner ther till Eight of the Cloak the nixt Morning when out of Convictione of the wrong they hade done They dismissed the persone of the said John But still detaine and keep his money, Which money they took without Compting By all which its evident That the said […] and his accomplices or ane or other of them are guilty or actors airt and part of the forsaid Crymes or ane or other of them Which being duely proven They ought not only to be decerned to restore the forsaid Soume and also to pay the like Soume of damnadges, Bot farder punished in their persones and goods to the terror and example of others to Committ the like in time comeing And Anent the Charge given to the said defenders To have Compeared personally before the saids Lords of his majesties privy Councill at ane Certain day now bygone To have answered to the grounds of the above Complaint and to have heard and Seen such order and Course taken therwith as the saids Lords should find Just under the paine of rebellion etc as in the forsaid Lybell and executiones therof at more Lenth is Contained The forsaid Lybell at the instance of the above John Mun in Clachan of Rosneath and the Earle of Argyle as high Justiciar of the bounds of his intrest with Concourse of his majesties advocat Against William Miller Milner in Camsacken Robert Fullcutter ther ther4 Robert Bruce their, William Mcadam ther and William Dennistoune Laird of Cowgram Being this day called in presence of the Lords Lords5 of his Majesties privy Councill And the Said John Mun one of the pursuers Compearing personally and the Earle of Argyle being absent and not Compearing by Mr George Alexander Compeared as advocat for both the saids pursuers And the haill fornamed persones defenders being all Lawfullie cited oft times called and not Compearing His Majesties high Commissioner and the Saids Lords of privy Councill Doe hereby Grant Certificatione against the haill fornamed persones defenders In Respect of their absence and not Compearance And Ordaines Letters of Denunciatione to be direct to macers or messengers at armes Commanding them to pass to the Marcat Cross of […] And other places needfull And ther in his Majesties name and authoritie duely Lawfullie and orderly denounce the fornamed persones defenders his Majesties rebells and to ordaine all their Moveable goods and geir to be escheat and inbrought to his Majesties use for their Contempt and disobedience Supperceeding allwayes extract of the said Certificatione or Letters of denunicatione Untill Tewsday nixt being the Eightein of June instant be elapsed.

Att Edinburgh The Threttein day of June Jaj viic years

D1700/6/51

Decreet

Decreit Certificatione John Mun against William Miller and others

Anent The Lybell or Letters of Complaint raised and pursued before the Lords of his Majesties privy Councill be John Mun in the Clachan of Rosneath And his Majesties right trustie and weell beloved Cousin and Councellor Archibald Earle of Argyll As high Justiciary of the bounds for his intrest With Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwrittin Making Mentione That wher by the Lawes of this and all other weell governed realmes Thift and Stouth Reiff, and Robbery as also the violent Seazing of mens persones and carieing them away and detaineing them as prisoners in privato Carcere are prohibit, And that the Committing therof, Especially when done against a man in his own house Which ought to be his Sanctuary and with a Convocation in arms and under cloud of night and at the dead hour therof Are Crimes of ane high nature and ought to be severly punished, Nevertheless it is of verity That2 William Miller, milner in Carnsaskine Robert Furbiter their Robert Brine in Camsaskine and William Mcadam in Cairnsaskin all four tennents to the Laird of Cowgraine and As likewayes William Deninstoune Laird of Cowgraine elder Shakeing of all regaird to his Majesties authority and Lawes did upon the Threttein day of March last and in the night therof or one ane or other of the dayes or3 nights of the said moneth come to the dwalling house of the said John Mun pursuer with armes offensive Viz two blunder bushes and a sword and other armes furnished by or at least belonging to the said Cowgrain and that betwixt the hours of Eleven and Twelue at night of the forsaid day or dayes and break up by force the door of the said house and entered therin and Searched the same and violently took away and robbed Nyne hundred merks of money as Likwayes they put violent hands upon and Seazed the persone of the said John Mun and Caried him prisoner to the house of Cowgraine and keept him prisoner ther till Eight of the Cloak the nixt Morning when out of Convictione of the wrong they hade done They dismissed the persone of the said John But still detaine and keep his money, Which money they took without Compting By all which its evident That the said […] and his accomplices or ane or other of them are guilty or actors airt and part of the forsaid Crymes or ane or other of them Which being duely proven They ought not only to be decerned to restore the forsaid Soume and also to pay the like Soume of damnadges, Bot farder punished in their persones and goods to the terror and example of others to Committ the like in time comeing And Anent the Charge given to the said defenders To have Compeared personally before the saids Lords of his majesties privy Councill at ane Certain day now bygone To have answered to the grounds of the above Complaint and to have heard and Seen such order and Course taken therwith as the saids Lords should find Just under the paine of rebellion etc as in the forsaid Lybell and executiones therof at more Lenth is Contained The forsaid Lybell at the instance of the above John Mun in Clachan of Rosneath and the Earle of Argyle as high Justiciar of the bounds of his intrest with Concourse of his majesties advocat Against William Miller Milner in Camsacken Robert Fullcutter ther ther4 Robert Bruce their, William Mcadam ther and William Dennistoune Laird of Cowgram Being this day called in presence of the Lords Lords5 of his Majesties privy Councill And the Said John Mun one of the pursuers Compearing personally and the Earle of Argyle being absent and not Compearing by Mr George Alexander Compeared as advocat for both the saids pursuers And the haill fornamed persones defenders being all Lawfullie cited oft times called and not Compearing His Majesties high Commissioner and the Saids Lords of privy Councill Doe hereby Grant Certificatione against the haill fornamed persones defenders In Respect of their absence and not Compearance And Ordaines Letters of Denunciatione to be direct to macers or messengers at armes Commanding them to pass to the Marcat Cross of […] And other places needfull And ther in his Majesties name and authoritie duely Lawfullie and orderly denounce the fornamed persones defenders his Majesties rebells and to ordaine all their Moveable goods and geir to be escheat and inbrought to his Majesties use for their Contempt and disobedience Supperceeding allwayes extract of the said Certificatione or Letters of denunicatione Untill Tewsday nixt being the Eightein of June instant be elapsed.

1. NRS, PC2/27, 341v-343r.

2. Scored out at this point: ‘Robert Semple Sometime of Fillwood and John Crabb and Francis Sleman his servants as also’.

3. Insertion.

4. Sic.

5. Sic.

1. NRS, PC2/27, 341v-343r.

2. Scored out at this point: ‘Robert Semple Sometime of Fillwood and John Crabb and Francis Sleman his servants as also’.

3. Insertion.

4. Sic.

5. Sic.

Sederunt, 13 June 1700, Edinburgh

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Att Edinburgh The Threttein day of June Jaj viic years1

D1700/6/42

Sederunt

His Majesties high Commissioner; Lord Chancelor; Earl of Melvill P:C:; Earl of Crafurd; Earl of Erroll; Earl of Marr; Earl of Mortone; Earl of Eglington; Earl of Lauderdale; Earl of Lowdone; Earl of Finlator; Earl of Leven; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Strathnaver; Lord Carmichaell S:; Lord Forbes; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Lord Rankeillor; Lord Phesdoe; Mr Fra: Montgomry; Laird of Grant; Lord Provest of Edinburgh

Att Edinburgh The Threttein day of June Jaj viic years1

D1700/6/42

Sederunt

His Majesties high Commissioner; Lord Chancelor; Earl of Melvill P:C:; Earl of Crafurd; Earl of Erroll; Earl of Marr; Earl of Mortone; Earl of Eglington; Earl of Lauderdale; Earl of Lowdone; Earl of Finlator; Earl of Leven; Earl of Forfar; Earl of Kintoir; Viscount Tarbat; Lord Strathnaver; Lord Carmichaell S:; Lord Forbes; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Lord Rankeillor; Lord Phesdoe; Mr Fra: Montgomry; Laird of Grant; Lord Provest of Edinburgh

1. NRS, PC2/27, 341v.

2. NRS, PC2/27, 341v.

1. NRS, PC2/27, 341v.

2. NRS, PC2/27, 341v.

Warrant, 4 June 1700, Edinburgh

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Att Edinburgh the Fourth day of June Jaj vic years

D1700/6/31

Warrant

Warrand for citing persones, and witnesses Walkinshaw against Anderson

The Lords of his Majesties privy Councill haveing Considered a petition given in to them be Allan Walkinshaw and answers made therto for William Anderson Do hereby assigne the fourth day of July nixt for citeing of James Multry of Roscoby William Black Clark of Dumfermling James Heriot and James Richardson And Grants warrand for citeing witnesses against the said persones betwixt and the said day in Comon forme usuall in ordinary Lybells.

Att Edinburgh the Fourth day of June Jaj vic years

D1700/6/31

Warrant

Warrand for citing persones, and witnesses Walkinshaw against Anderson

The Lords of his Majesties privy Councill haveing Considered a petition given in to them be Allan Walkinshaw and answers made therto for William Anderson Do hereby assigne the fourth day of July nixt for citeing of James Multry of Roscoby William Black Clark of Dumfermling James Heriot and James Richardson And Grants warrand for citeing witnesses against the said persones betwixt and the said day in Comon forme usuall in ordinary Lybells.

1. NRS, PC2/27, 341r-341v.

1. NRS, PC2/27, 341r-341v.

Sederunt, 4 June 1700, Edinburgh

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Att Edinburgh the Fourth day of June Jaj vic years

D1700/6/21

Sederunt

Act and Warrant Caruthers Drovers Against Andrew Crafurd merchants in London2

Anent a Petition given in to the Lords of his Majesties privy Councill be John and William Carruthers Drovers Shewing That upon application made by one Scrymzeor in Dundie to his Majesties advocat for a warrand to seaze the persone of Androw Crafurd Merchant in London, and Likwayes upon application made to the saids Lords by the petitioners for a warrand to apprehend the persone of the Said Androw Crafurd as debitor to the petitioners in above the soume of Four hundred pounds Sterling by English bonds wherof he intended to defraud the petitioners by retireing from this Countrey to Ireland or some other foraigne Countrey As he hade defrauded both the petitioners and many others of his Creditors by leaving England without giveing the least Satisfactione to any of them, and albeit he hade Libertie for some dayes upon pretence of takeing some Course with the petitioners debts and setling with some others of his Creditors, yet he hath been so farr from useing the least Candor and ingenuity with the petitioner That to this hour he would neither exhibit his books nor a list of his debtors nor make any Speciall assignatione of the Sommes due to him for their payment and Satisfaction Notwithstanding the petitioners are Content to have given him Severall years respyte in order to the petitioners payment, Bot he knowing the Soumes due by him to the petitioners being the most of their Stock, and that the petitioners are not able to follow and pursue him in Foraigne Countries does altogither Shift takeing any Solid Course for the petitioners payment altho as the petitioners are informed he hath satisfied some of his Creditors whom he knew to be persones able to prosecute him so that unless the saids Lords were graciously pleased to ordaine the said Androw Crafurd to be Comitted and determined in prison untill he take some effectuall Course for the petitioners Security and payment at least untill he find Caution for that effect And Therfore Humbly Supplicating to the effect aftermentioned His Majesties high Commissioner and the Lords of his Majesties privy Councill Haveing Considered this petition given in to them by the above John and William Caruthers They Doe hereby Nominat and appoints the Earles of Marr Lauderdale and Leen, The Lords advocat and Thesaurer depute to be a Committie to call for and hear the saids petitioners and the above Androw Crafurd and to endeavor to Setle and agree them in the matter therin represented and in the mean tyme grants warrant to the macers of Councill or messengers at armes to seaze upon and Comitt to the Tolbooth of Edinburgh The persone of the said Androw Crafurd ay and while he find sufficient Cautione acted in the books of privy Councill That he shall appear befor and attend all the dyets Which Shall be appointed by the Committie of privy Councill abovenamed Which Shall be appointed by the Committie of privy Councill abovenamed For hearing and Considering the Matters represented against him by the petitioners and that he shall obtemper and fullfill What the said Committie Shall determine and appoint Or other wayes that he shall make payment of the Sounds Contained in the thrie English bonds granted by him to the saids petitioners And Recommends to the said Comittie to meet to morrow at ten in the forenoon And Declares any thrie of them to be a Sufficient quorum

Att Edinburgh the Fourth day of June Jaj vic years

D1700/6/21

Sederunt

Act and Warrant Caruthers Drovers Against Andrew Crafurd merchants in London2

Anent a Petition given in to the Lords of his Majesties privy Councill be John and William Carruthers Drovers Shewing That upon application made by one Scrymzeor in Dundie to his Majesties advocat for a warrand to seaze the persone of Androw Crafurd Merchant in London, and Likwayes upon application made to the saids Lords by the petitioners for a warrand to apprehend the persone of the Said Androw Crafurd as debitor to the petitioners in above the soume of Four hundred pounds Sterling by English bonds wherof he intended to defraud the petitioners by retireing from this Countrey to Ireland or some other foraigne Countrey As he hade defrauded both the petitioners and many others of his Creditors by leaving England without giveing the least Satisfactione to any of them, and albeit he hade Libertie for some dayes upon pretence of takeing some Course with the petitioners debts and setling with some others of his Creditors, yet he hath been so farr from useing the least Candor and ingenuity with the petitioner That to this hour he would neither exhibit his books nor a list of his debtors nor make any Speciall assignatione of the Sommes due to him for their payment and Satisfaction Notwithstanding the petitioners are Content to have given him Severall years respyte in order to the petitioners payment, Bot he knowing the Soumes due by him to the petitioners being the most of their Stock, and that the petitioners are not able to follow and pursue him in Foraigne Countries does altogither Shift takeing any Solid Course for the petitioners payment altho as the petitioners are informed he hath satisfied some of his Creditors whom he knew to be persones able to prosecute him so that unless the saids Lords were graciously pleased to ordaine the said Androw Crafurd to be Comitted and determined in prison untill he take some effectuall Course for the petitioners Security and payment at least untill he find Caution for that effect And Therfore Humbly Supplicating to the effect aftermentioned His Majesties high Commissioner and the Lords of his Majesties privy Councill Haveing Considered this petition given in to them by the above John and William Caruthers They Doe hereby Nominat and appoints the Earles of Marr Lauderdale and Leen, The Lords advocat and Thesaurer depute to be a Committie to call for and hear the saids petitioners and the above Androw Crafurd and to endeavor to Setle and agree them in the matter therin represented and in the mean tyme grants warrant to the macers of Councill or messengers at armes to seaze upon and Comitt to the Tolbooth of Edinburgh The persone of the said Androw Crafurd ay and while he find sufficient Cautione acted in the books of privy Councill That he shall appear befor and attend all the dyets Which Shall be appointed by the Committie of privy Councill abovenamed Which Shall be appointed by the Committie of privy Councill abovenamed For hearing and Considering the Matters represented against him by the petitioners and that he shall obtemper and fullfill What the said Committie Shall determine and appoint Or other wayes that he shall make payment of the Sounds Contained in the thrie English bonds granted by him to the saids petitioners And Recommends to the said Comittie to meet to morrow at ten in the forenoon And Declares any thrie of them to be a Sufficient quorum

1. NRS, PC2/27, 340v-341r.

2. A marginal note appears beneath this title: ‘this warrand Lyeing in the proces upon which the decreit is extracted dated the 21 February 1706 and in that sederunt and extracted with the said the deid beginning with this petition, wheron the above act is founded’.

1. NRS, PC2/27, 340v-341r.

2. A marginal note appears beneath this title: ‘this warrand Lyeing in the proces upon which the decreit is extracted dated the 21 February 1706 and in that sederunt and extracted with the said the deid beginning with this petition, wheron the above act is founded’.

Sederunt, 4 June 1700, Edinburgh

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Att Edinburgh the Fourth day of June Jaj vic years1

D1700/6/12

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Melvill P:C:; Earl of Erroll; Earl of Marr; Earl of Morton; Earl of Eglington; Earl of Cassills; Earl of Galloway; Earl of Lauderdale; Earl of Leven; Earl of Forfar; Earl of Kintoir; Lord Strathnaver; Lord Forbes; Lord Boyle; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Lord Rankeillor; Mr Fra: Montgomry; Laird of Grant; Lord Provest of Edinburgh

Att Edinburgh the Fourth day of June Jaj vic years1

D1700/6/12

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Melvill P:C:; Earl of Erroll; Earl of Marr; Earl of Morton; Earl of Eglington; Earl of Cassills; Earl of Galloway; Earl of Lauderdale; Earl of Leven; Earl of Forfar; Earl of Kintoir; Lord Strathnaver; Lord Forbes; Lord Boyle; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Lord Rankeillor; Mr Fra: Montgomry; Laird of Grant; Lord Provest of Edinburgh

1. NRS, PC2/27, 340v.

2. NRS, PC2/27, 340v.

1. NRS, PC2/27, 340v.

2. NRS, PC2/27, 340v.

Act, 4 April 1700 (pm), Edinburgh

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[4 April 1700] Eodem die Post Meridiem

D1700/4/71

Act

Act The Lady Naper

Anent the petition given in to the Lords of his Majesties privy Councill be Margret Lady Napier Shewing That there being a Chist of wrytes of the deceast Mr John Ellies advocat in the hands of the saids Lords Clerkes and being there severall wrytes and evidents of the petitioners estate of Napier wherof She is heiress with which Mr John hade been intrusted as a Lawier And Therfore Humbly Craveing the saids Lords would give order and Warrand to their Clerks To delyver the petitioner such wrytes as concerne her Lands and estate upon Inventar and recept as the said petitione bears The Lords of his Majesties privy Councill Haveing Considered the above petition given in to them by the above Lady Naper They hereby Allow their Clerks by themselves their deputs or servants To Cause Make Inventar of the petitioners wrytes of the estate of Napier and others lying in ther hands in a Leather Trunk to be Reported to and Considered by the Lords of privy Councill before they be delyvered up, and appoints this Inventaring to be made at the sight, or by the order of the Lord Aberuchill or the Lord Crossrig.

[4 April 1700] Eodem die Post Meridiem

D1700/4/71

Act

Act The Lady Naper

Anent the petition given in to the Lords of his Majesties privy Councill be Margret Lady Napier Shewing That there being a Chist of wrytes of the deceast Mr John Ellies advocat in the hands of the saids Lords Clerkes and being there severall wrytes and evidents of the petitioners estate of Napier wherof She is heiress with which Mr John hade been intrusted as a Lawier And Therfore Humbly Craveing the saids Lords would give order and Warrand to their Clerks To delyver the petitioner such wrytes as concerne her Lands and estate upon Inventar and recept as the said petitione bears The Lords of his Majesties privy Councill Haveing Considered the above petition given in to them by the above Lady Naper They hereby Allow their Clerks by themselves their deputs or servants To Cause Make Inventar of the petitioners wrytes of the estate of Napier and others lying in ther hands in a Leather Trunk to be Reported to and Considered by the Lords of privy Councill before they be delyvered up, and appoints this Inventaring to be made at the sight, or by the order of the Lord Aberuchill or the Lord Crossrig.

1. NRS, PC2/27, 339v.

1. NRS, PC2/27, 339v.

Decreet, 4 April 1700 (pm), Edinburgh

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[4 April 1700] Eodem die Post Meridiem

D1700/4/61

Decreet

Decreit Certificatione Mr John Buchan agent for the Royall Burrowes Against Severall Skippers for breaking the Staple port

Anent the Lybell or letters of Complaint raised and pursued before the Lords of his Majesties privy Councill at the instance of Mr John Buchan agent for the Royal burrowes with concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwryten Makeing Mention That wher by the severall acts of Parliament and especially by the act James the sixth parliament 15 Caput 258 It is Statute That no Shipp pass in to the Low Countries; Land any mans goods Bot at the ordinary Staple which then was and now is the Toune of Camphire in Zetland, And that no person give on Land or take any thing out of the Shipp untill his aryvall ther under the payne of Ten pounds Fleymish, and that the Conservator Should take the Merchants and Skippers oathes theranent Likeas by severall acts of the Conventione of the Royall Burrowes the forsaids Lawes establishing the priviledges of the Staple are furder inlarged and explained and particularly by ane act of the said Convention dated the Eight day of July Jaj vic Eightie years all former acts made anent transgressors of the Stapleport are revived with this addition That in all time therafter each Ship per that should transport any Staple goods to any part in the Neitherlands escapt the Staple port should be Lyable in payment of ane Thousand merks And the Merchant in the payment of Twentie fyve per cent, According to the value of the goods And the Agent of the Royall burrowes is ordained to put the forsaid act to punctuall executione and to uplift the said fynes and to be Comptable to the Royall Burrowes for the Same, all which acts of Convention have in the forsaid Subjects the force of Lawes, Likeas ther haveing been lately a Treattie betwixt Commissioners appointed by his Majestie as Marques of Camphire And the Commissioners of the Toune of Camphire and the Royall Burrowes Concerning the Continuatione and reestablishment of the Staple port of this kingdome within the forsaid Toun The Staple port of this kingdome for the Neitherlands Is by Contract reestablished and Setled at the said Town of Camphire and this Contract 2 Ratified and approven by his Majestie And the Staits of Zelland, And the Convention of the Royall Byrrowes an3 the one and other parts Wherupon his Majestie with the advise of the Lords of his Majesties privy Councill Did by their proclamatione of the Threttein of March last Requyre and Command all his Majesties Subjects to give due and punctuall obedience to the Lawes and acts of parliament and all other acts of the Lords of his Majesties privy Councill or Exchaquer relateing to the said Staple port, and to the acts of the Conventione of burrowes made for the observing of the Staple port, Declairing all of them to be in full force, and farder his Majestie with advice forsaid, Did prohibit and Discharge all Merchants and Skippers or any other person to export furth of this kingdome any goods ware or Commodities which are or shall be declared to be Staple Commodities to any other port or place of the Unitted Provinces, Bot only to the said Staple port, and toune of Camphire under the paynes abovementioned, Ordaineing the said paynes to be exacted from the transgressors with all riggour, and that they be furder proceeded against as the saids Lords of privy Councill shall think fitt and find Cause Likeas all Tacksmen and Collectors of the Customes and their Sub-Collectors and Surveyers with their Clerks and all Clerks of Cocquets are requyred to take Sufficient Security from the merchants Skippers Saillers and transporters of the saids goods to the Neitherlands That they shall observe the premisses and that they shall not break bulk before their arryvall at the said staple port Conforme to the act of parliament and that these exporters shall report Certificats from the Conservator or his deputes at Camphire that the said staple Commodities were Livered ther without breaking bulk as they will be answerable to the saids Lords of privy Councill theranent Notwithstanding it is of verity That Captain John Brown Skipper in Leith in the Moneth of July or August Jaj vic Nyntie Nyne years or some one or other of the Moneths of the said year or Sincelyne exported furth of this kingdome by himself or ane insett skipper in his name by his order and for his behoove to Rotterdame in Holland or some other port in the Unitted Provinces of the Neitherlands and not to the said Staple port of Camphire a great quantitie of wooll sheep skines or other Staple Commodities And Sicklike […] Hachmonttie Skipper in Leith in July or August Jaj vic Nyntie Nyne or Some one or other of the moneths of the said year at Since Syne Exported furth of this kingdome to Rotterdame, and not to the Said Staple port of Camphire a great quantity of wooll sheep skines and other Staple Commodities And Sicklike John Scot Skiper in Montross in the Moneths of August or September Jaj vic nyntie nyne years or some one or other of the moneths of the said year or Sincesyne Exported furth of this kingdome to Rotterdame and not to the said staple port of Camphire a great quantitie of Salmond and other Staple Commodities And Sicklike Robert Stewart Merchant in Bamff in the saids moneths of August or September Jaj vic nyntie nyne years or some one or other of the moneths of the said year or Since Syne Exported furth of this kingdome to Rottardame and not to the said staple port of Camphire a great quantitie of Salmond and other Staple Commodities The Said Robert Went merchant in the said John Scotts skipper or in some other, and so he is equally guilty of breaking of staple port with the said skippers And Sicklike […] Reid Some time mate to the deceast Alexander Small Skipper in Ellie in the saids moneths of August or September Jaj vic nyntie nyne years Or Some ane or Other of the moneths of the said year or Since Syne exported furth of this kingdome to Amsterdame, and not to the said staple port of Camphire a great quantitie of […]and other Staple Commodities And Sicklike William Farnweather Skiper at Dundie in September or October Jaj vic Nyntie Nyne years or some ane or other of the moneths of the said year or Since Syne Exported furth of this kingdome to Rotterdame And not to the said staple port of Camphire a great quantities of Skinnes fingrams plaides and other Staple Commodities And Sicklike William Cuthbertsone Skipper in Prestonpans in the Moneth of October or November Jaj vic Nyntie Nyne years or some ane or other Moneths of the said year be Since Syne Exported furth of this kingdome to Amsterdame And not to the said staple port of Camphire a great quantitie of Cloathes and other staple Comodites And Sicklike John Hage Skipper in Prestonpans in May June or July Jaj vic Nyntie Nyne years Or some ane or other of the moneths of the said year or Sincesyne Exported furth of this kingdome to Rotterdame and not to the said Stapleport of Camphire and a great quantity of Wooll Skines and other Staple goods And Sicklike the said John Hage in November or December the said year Or some ane or other of the moneths of the said year or since syne Exported furth of this kingdame to the said port of Rotterdame and not to the said staple port of Camphire great quantities of wooll Skinnes and other Staple goods And Sicklike Alexander Glassfoord Skipper in Borrowstounes in the Moneths of August or September Jaj vic Nyntie Nyne years, or some ane or other of the moneths of the said year or since syne Exported furth of this kingdome to Rotterdame And not to the said Staple port of Camphire great quantities of pack good and other Staple Commodities And Sicklike James Steidman SKiper in Borrowstounes in the moneths of November or December Jaj vic Nyntie Nyne years or Some one or other of the moneths of the said year or since syne exported furth of this kingdome to Rotterdame and not to the said Staple port of Camphrie Butter Skinnes and other Commodities And Sicklike […] Dobie Skipper in Borrowstounes in the Moneths of November or december Jaj vic Nyntie Nyne years, or some ane or other of the moneths of the said year or Since syned Exported furth of this kingdome to Rotterdame and not to the said Staple port of Camphire great quantities of Butter Sheep Skinnes and other Staple Commodities And Sicklike James Killoch Skipper at Inverness in the Moneth of January or February Jaj viic years instant Exported furth of this kingdom to Rotterdame, and not to the said staple port of Camphire a Shipes Loading of Salmond Cloath Tallow and other Staple Commodities And Sicklike Alexander Glass Skiper in […] in the moneth of January Jaj viic years instant Exported furth of this kingdome aither by himself or ane insett skipper in his name and for his behoove or by his order to Rotterdame and not to the said Staple port of Camphire a great quantitie of Butter Tallow, hydes Skines and other Staple Commodities, And Sicklike James Mitchell Skipper in […] in the moneths of december Jaj vic Nyntie Nyne years January or February Jaj viic years instant Exported furth of this kingdome to Rotterdame and not to the Staple port of Campheir a great quantitie of Tallow, hydes and other staple Commodities And Sicklike Mark Stark Skiper in Borrowstounes in the moneths of December Jaj vic nyntie nyne years January or February Jaj viic years instant Exported furth of this kingdome by himself or ane insett skipper in his name by his order and for his behoove to Rotterdame and not to the said Steple port of Camphire a great quantitie of Tallow and other Staple Commodities And sicklike David Dunbar Skiper in Borrowstounes in the moneth of January or February Jaj viic years instant Exported furth of this kingdome to and not to the said staple port of Camphire great quantities of Tallow, hydes, and other Staple Commodities And Sicklike Thomas Cassills Skiper in Borrow Stouness in the moneths of December Jaj vic nyntie nyne and January or February Jaj viic years instant Exported furth of this kingdome to Rotterdame and not to the said staple port of Camphire great quantities of Wooll and other staple Commodities, And Sicklike Walter Nimo Skiper in Borrowstouness in the Moneths of January or February Jaj viic years instant Exported furth of this kingdome to Rotterdame and not to the said staple port of Camphire great quantities of wooll and other Staple Commodities And Lastly […] Geddes Skiper in Ellie in the Moneths of August or September Jaj vic nyntie nyne or ane or other of the moneths of the said year or Since Syne Exported furth of this kingdome to Rotterdame and not to the said staple port of Camphire great quantities of Wooll Skines and other Staple Commodities, And alse the forsaid Skiper and merchants after the forsaid skipers and Merchants after they hade brought the said Staple goods and Commodities to the ports above mentioned Refused to cary the Samen overland to the said Staple port of Camphire wher they might have been free all Customes for their Staple goods, Likeas George Kendall Clerk of the Corkets at Leith, Alexander Seatton Clerk of the Corquets at Prestonpans Hary Wyllie Clerk of the Corquets at Borrowstounes […] Maitland Clerk of the Corquets at Dundie, Androw Craik Clerk of the Corquets at Montross […] Clerk of the Corquets at Innverness […] Reid Clerk of the Cocquets at Ellie and William Dalziell Clerk of the Corquets of Pittenweyme Did wilfully Ommitt to take Cautione and Security from these and other Merchants and Skippers and transporters of the Saids goods Conforme to the Command of the forsaid acts and proclamationes Which Ommissiones of the saids Clerks of Cocquets is the Sourse of all these disorders By All Which It is evident That the above Complained upon Skippers merchants and Clerks of Cocquets all of them or ane or other of them are guilty Airt and part of transgressing the forsaid Lawes and acts of Convetion, and proclamationes made therupon, Which being proven They Ought the saids Skiper and exporters to be fyned each of them in the Soume of Ane Thousand merks Scots and the said John Hoge in two Thousand merks haveing twyce transgressed half to the Royall burrowes and half to the Conservator Conforme to the saids acts of the Royall Burrowes, And the saids exporters and Clerks of Cocquets Ought also to be farder punished in their persones and goods as the saids Lords of privy Councill Should think fitt To the example and terror of Others to Committ or doe the like in time comeing And Anent the Charge given to the said defenders to have Compeared personally before the saids Lords of his Majesties privy Councill this Second day of Aprill instant To have answered to the grounds of the above Complaint and to have heard Such order and Course taken theranent as the Saids Lords of privy Councill Should find Just As in the forsaid Lybell or Letters of Complaint raised in the said matter and executiones therof at more Lenth is Contained Which Lybell being this day called in presence of the saids Lords of his Majesties privy Councill And the pursuar Compearing personally With Sir James Stewart his Majesties advocat Who Compeared as advocat for the pursuer And Declared that he past from James Steidman Skipper in Borrowstouness And the haill defenders Called for Viz John Bodie Skipper at Borrowstouness Alexander Glassfoord skipper their Walter Nimo Skipper ther David Dumbar Skiper ther James Steidman Skiper their Thomas Cassills Skiper their […] Mitchell Skipper their George Clerk Clerk to the Cocquets at Leith John Brown Skipper ther […] Auchmouttie Skiper their James Killoch Skipper 4 skiper att Innverness John Hogg Skiper in Prestonpons, William Cuthbertson skyper ther William Fourweather skiper in Dundie William Dalzell Clerk of the Cocquetts at Pittenweyme and Anstruther, John Scot Skipper in Montross Alexander Reid Mate to the deceast Alexander Small in Ellie and William Reid baillie ther and Clerk of the Cockets ther Being all Lawfullie cited oft times called and not Compearing The Lybell being read and Considered and the said Lord advocat haveing Craved Certification against the haill defenders Except the said James Steidman And to shew his Lordships formes in the matter Declared he was Content that all extracting of the said Certification be superceeded till the fiftein day of June nixt to come And the saids Lords haveing Considered the Lybell They hereby Grant Certificatione against the haill defenders abovementioned Except the said James Steidman who is past from, In Respect of their absence and not Compearance And Ordaines Letters of Denunciation of Denunication5 to be direct to macers or messengers at armes Commanding them to pass to the Marcat cross of […] and other places needfull And their in his Majesties name and authoritie duely Lawfullie and orderly denunce the disobeyers his Majesties rebells and to ordaine all their Moveable goods and geir to be escheat and inbrought to his Majesties use for that Contempt and disobedience.
Nota after elapseing of the said fiftein day of June mentioned in the above interloquitor Ther is Letters of denunciation extended upon the above decreit of Certification or interloquitor only against John Dobie Alexander Glassfoord Walter Nimmo, David Dumbar Thomas Cassills George Kendall […] Auchmouttie James Killoch John Hogg William Cuthbertsone William Fourweather, William Dalzell John Scott Alexander Reid and William Reid, And the rest of the defenders in the Letters is made mentione That they are past from by my Lord advocat Notwithstanding of the above decreit of Certificatione or interloquitors abovementioned.

[4 April 1700] Eodem die Post Meridiem

D1700/4/61

Decreet

Decreit Certificatione Mr John Buchan agent for the Royall Burrowes Against Severall Skippers for breaking the Staple port

Anent the Lybell or letters of Complaint raised and pursued before the Lords of his Majesties privy Councill at the instance of Mr John Buchan agent for the Royal burrowes with concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwryten Makeing Mention That wher by the severall acts of Parliament and especially by the act James the sixth parliament 15 Caput 258 It is Statute That no Shipp pass in to the Low Countries; Land any mans goods Bot at the ordinary Staple which then was and now is the Toune of Camphire in Zetland, And that no person give on Land or take any thing out of the Shipp untill his aryvall ther under the payne of Ten pounds Fleymish, and that the Conservator Should take the Merchants and Skippers oathes theranent Likeas by severall acts of the Conventione of the Royall Burrowes the forsaids Lawes establishing the priviledges of the Staple are furder inlarged and explained and particularly by ane act of the said Convention dated the Eight day of July Jaj vic Eightie years all former acts made anent transgressors of the Stapleport are revived with this addition That in all time therafter each Ship per that should transport any Staple goods to any part in the Neitherlands escapt the Staple port should be Lyable in payment of ane Thousand merks And the Merchant in the payment of Twentie fyve per cent, According to the value of the goods And the Agent of the Royall burrowes is ordained to put the forsaid act to punctuall executione and to uplift the said fynes and to be Comptable to the Royall Burrowes for the Same, all which acts of Convention have in the forsaid Subjects the force of Lawes, Likeas ther haveing been lately a Treattie betwixt Commissioners appointed by his Majestie as Marques of Camphire And the Commissioners of the Toune of Camphire and the Royall Burrowes Concerning the Continuatione and reestablishment of the Staple port of this kingdome within the forsaid Toun The Staple port of this kingdome for the Neitherlands Is by Contract reestablished and Setled at the said Town of Camphire and this Contract 2 Ratified and approven by his Majestie And the Staits of Zelland, And the Convention of the Royall Byrrowes an3 the one and other parts Wherupon his Majestie with the advise of the Lords of his Majesties privy Councill Did by their proclamatione of the Threttein of March last Requyre and Command all his Majesties Subjects to give due and punctuall obedience to the Lawes and acts of parliament and all other acts of the Lords of his Majesties privy Councill or Exchaquer relateing to the said Staple port, and to the acts of the Conventione of burrowes made for the observing of the Staple port, Declairing all of them to be in full force, and farder his Majestie with advice forsaid, Did prohibit and Discharge all Merchants and Skippers or any other person to export furth of this kingdome any goods ware or Commodities which are or shall be declared to be Staple Commodities to any other port or place of the Unitted Provinces, Bot only to the said Staple port, and toune of Camphire under the paynes abovementioned, Ordaineing the said paynes to be exacted from the transgressors with all riggour, and that they be furder proceeded against as the saids Lords of privy Councill shall think fitt and find Cause Likeas all Tacksmen and Collectors of the Customes and their Sub-Collectors and Surveyers with their Clerks and all Clerks of Cocquets are requyred to take Sufficient Security from the merchants Skippers Saillers and transporters of the saids goods to the Neitherlands That they shall observe the premisses and that they shall not break bulk before their arryvall at the said staple port Conforme to the act of parliament and that these exporters shall report Certificats from the Conservator or his deputes at Camphire that the said staple Commodities were Livered ther without breaking bulk as they will be answerable to the saids Lords of privy Councill theranent Notwithstanding it is of verity That Captain John Brown Skipper in Leith in the Moneth of July or August Jaj vic Nyntie Nyne years or some one or other of the Moneths of the said year or Sincelyne exported furth of this kingdome by himself or ane insett skipper in his name by his order and for his behoove to Rotterdame in Holland or some other port in the Unitted Provinces of the Neitherlands and not to the said Staple port of Camphire a great quantitie of wooll sheep skines or other Staple Commodities And Sicklike […] Hachmonttie Skipper in Leith in July or August Jaj vic Nyntie Nyne or Some one or other of the moneths of the said year at Since Syne Exported furth of this kingdome to Rotterdame, and not to the Said Staple port of Camphire a great quantity of wooll sheep skines and other Staple Commodities And Sicklike John Scot Skiper in Montross in the Moneths of August or September Jaj vic nyntie nyne years or some one or other of the moneths of the said year or Sincesyne Exported furth of this kingdome to Rotterdame and not to the said staple port of Camphire a great quantitie of Salmond and other Staple Commodities And Sicklike Robert Stewart Merchant in Bamff in the saids moneths of August or September Jaj vic nyntie nyne years or some one or other of the moneths of the said year or Since Syne Exported furth of this kingdome to Rottardame and not to the said staple port of Camphire a great quantitie of Salmond and other Staple Commodities The Said Robert Went merchant in the said John Scotts skipper or in some other, and so he is equally guilty of breaking of staple port with the said skippers And Sicklike […] Reid Some time mate to the deceast Alexander Small Skipper in Ellie in the saids moneths of August or September Jaj vic nyntie nyne years Or Some ane or Other of the moneths of the said year or Since Syne exported furth of this kingdome to Amsterdame, and not to the said staple port of Camphire a great quantitie of […]and other Staple Commodities And Sicklike William Farnweather Skiper at Dundie in September or October Jaj vic Nyntie Nyne years or some ane or other of the moneths of the said year or Since Syne Exported furth of this kingdome to Rotterdame And not to the said staple port of Camphire a great quantities of Skinnes fingrams plaides and other Staple Commodities And Sicklike William Cuthbertsone Skipper in Prestonpans in the Moneth of October or November Jaj vic Nyntie Nyne years or some ane or other Moneths of the said year be Since Syne Exported furth of this kingdome to Amsterdame And not to the said staple port of Camphire a great quantitie of Cloathes and other staple Comodites And Sicklike John Hage Skipper in Prestonpans in May June or July Jaj vic Nyntie Nyne years Or some ane or other of the moneths of the said year or Sincesyne Exported furth of this kingdome to Rotterdame and not to the said Stapleport of Camphire and a great quantity of Wooll Skines and other Staple goods And Sicklike the said John Hage in November or December the said year Or some ane or other of the moneths of the said year or since syne Exported furth of this kingdame to the said port of Rotterdame and not to the said staple port of Camphire great quantities of wooll Skinnes and other Staple goods And Sicklike Alexander Glassfoord Skipper in Borrowstounes in the Moneths of August or September Jaj vic Nyntie Nyne years, or some ane or other of the moneths of the said year or since syne Exported furth of this kingdome to Rotterdame And not to the said Staple port of Camphire great quantities of pack good and other Staple Commodities And Sicklike James Steidman SKiper in Borrowstounes in the moneths of November or December Jaj vic Nyntie Nyne years or Some one or other of the moneths of the said year or since syne exported furth of this kingdome to Rotterdame and not to the said Staple port of Camphrie Butter Skinnes and other Commodities And Sicklike […] Dobie Skipper in Borrowstounes in the Moneths of November or december Jaj vic Nyntie Nyne years, or some ane or other of the moneths of the said year or Since syned Exported furth of this kingdome to Rotterdame and not to the said Staple port of Camphire great quantities of Butter Sheep Skinnes and other Staple Commodities And Sicklike James Killoch Skipper at Inverness in the Moneth of January or February Jaj viic years instant Exported furth of this kingdom to Rotterdame, and not to the said staple port of Camphire a Shipes Loading of Salmond Cloath Tallow and other Staple Commodities And Sicklike Alexander Glass Skiper in […] in the moneth of January Jaj viic years instant Exported furth of this kingdome aither by himself or ane insett skipper in his name and for his behoove or by his order to Rotterdame and not to the said Staple port of Camphire a great quantitie of Butter Tallow, hydes Skines and other Staple Commodities, And Sicklike James Mitchell Skipper in […] in the moneths of december Jaj vic Nyntie Nyne years January or February Jaj viic years instant Exported furth of this kingdome to Rotterdame and not to the Staple port of Campheir a great quantitie of Tallow, hydes and other staple Commodities And Sicklike Mark Stark Skiper in Borrowstounes in the moneths of December Jaj vic nyntie nyne years January or February Jaj viic years instant Exported furth of this kingdome by himself or ane insett skipper in his name by his order and for his behoove to Rotterdame and not to the said Steple port of Camphire a great quantitie of Tallow and other Staple Commodities And sicklike David Dunbar Skiper in Borrowstounes in the moneth of January or February Jaj viic years instant Exported furth of this kingdome to and not to the said staple port of Camphire great quantities of Tallow, hydes, and other Staple Commodities And Sicklike Thomas Cassills Skiper in Borrow Stouness in the moneths of December Jaj vic nyntie nyne and January or February Jaj viic years instant Exported furth of this kingdome to Rotterdame and not to the said staple port of Camphire great quantities of Wooll and other staple Commodities, And Sicklike Walter Nimo Skiper in Borrowstouness in the Moneths of January or February Jaj viic years instant Exported furth of this kingdome to Rotterdame and not to the said staple port of Camphire great quantities of wooll and other Staple Commodities And Lastly […] Geddes Skiper in Ellie in the Moneths of August or September Jaj vic nyntie nyne or ane or other of the moneths of the said year or Since Syne Exported furth of this kingdome to Rotterdame and not to the said staple port of Camphire great quantities of Wooll Skines and other Staple Commodities, And alse the forsaid Skiper and merchants after the forsaid skipers and Merchants after they hade brought the said Staple goods and Commodities to the ports above mentioned Refused to cary the Samen overland to the said Staple port of Camphire wher they might have been free all Customes for their Staple goods, Likeas George Kendall Clerk of the Corkets at Leith, Alexander Seatton Clerk of the Corquets at Prestonpans Hary Wyllie Clerk of the Corquets at Borrowstounes […] Maitland Clerk of the Corquets at Dundie, Androw Craik Clerk of the Corquets at Montross […] Clerk of the Corquets at Innverness […] Reid Clerk of the Cocquets at Ellie and William Dalziell Clerk of the Corquets of Pittenweyme Did wilfully Ommitt to take Cautione and Security from these and other Merchants and Skippers and transporters of the Saids goods Conforme to the Command of the forsaid acts and proclamationes Which Ommissiones of the saids Clerks of Cocquets is the Sourse of all these disorders By All Which It is evident That the above Complained upon Skippers merchants and Clerks of Cocquets all of them or ane or other of them are guilty Airt and part of transgressing the forsaid Lawes and acts of Convetion, and proclamationes made therupon, Which being proven They Ought the saids Skiper and exporters to be fyned each of them in the Soume of Ane Thousand merks Scots and the said John Hoge in two Thousand merks haveing twyce transgressed half to the Royall burrowes and half to the Conservator Conforme to the saids acts of the Royall Burrowes, And the saids exporters and Clerks of Cocquets Ought also to be farder punished in their persones and goods as the saids Lords of privy Councill Should think fitt To the example and terror of Others to Committ or doe the like in time comeing And Anent the Charge given to the said defenders to have Compeared personally before the saids Lords of his Majesties privy Councill this Second day of Aprill instant To have answered to the grounds of the above Complaint and to have heard Such order and Course taken theranent as the Saids Lords of privy Councill Should find Just As in the forsaid Lybell or Letters of Complaint raised in the said matter and executiones therof at more Lenth is Contained Which Lybell being this day called in presence of the saids Lords of his Majesties privy Councill And the pursuar Compearing personally With Sir James Stewart his Majesties advocat Who Compeared as advocat for the pursuer And Declared that he past from James Steidman Skipper in Borrowstouness And the haill defenders Called for Viz John Bodie Skipper at Borrowstouness Alexander Glassfoord skipper their Walter Nimo Skipper ther David Dumbar Skiper ther James Steidman Skiper their Thomas Cassills Skiper their […] Mitchell Skipper their George Clerk Clerk to the Cocquets at Leith John Brown Skipper ther […] Auchmouttie Skiper their James Killoch Skipper 4 skiper att Innverness John Hogg Skiper in Prestonpons, William Cuthbertson skyper ther William Fourweather skiper in Dundie William Dalzell Clerk of the Cocquetts at Pittenweyme and Anstruther, John Scot Skipper in Montross Alexander Reid Mate to the deceast Alexander Small in Ellie and William Reid baillie ther and Clerk of the Cockets ther Being all Lawfullie cited oft times called and not Compearing The Lybell being read and Considered and the said Lord advocat haveing Craved Certification against the haill defenders Except the said James Steidman And to shew his Lordships formes in the matter Declared he was Content that all extracting of the said Certification be superceeded till the fiftein day of June nixt to come And the saids Lords haveing Considered the Lybell They hereby Grant Certificatione against the haill defenders abovementioned Except the said James Steidman who is past from, In Respect of their absence and not Compearance And Ordaines Letters of Denunciation of Denunication5 to be direct to macers or messengers at armes Commanding them to pass to the Marcat cross of […] and other places needfull And their in his Majesties name and authoritie duely Lawfullie and orderly denunce the disobeyers his Majesties rebells and to ordaine all their Moveable goods and geir to be escheat and inbrought to his Majesties use for that Contempt and disobedience.
Nota after elapseing of the said fiftein day of June mentioned in the above interloquitor Ther is Letters of denunciation extended upon the above decreit of Certification or interloquitor only against John Dobie Alexander Glassfoord Walter Nimmo, David Dumbar Thomas Cassills George Kendall […] Auchmouttie James Killoch John Hogg William Cuthbertsone William Fourweather, William Dalzell John Scott Alexander Reid and William Reid, And the rest of the defenders in the Letters is made mentione That they are past from by my Lord advocat Notwithstanding of the above decreit of Certificatione or interloquitors abovementioned.

1. NRS, PC2/27, 335r-340r.

2. The word ‘and’ scored out here.

3. The letter ‘e’ scored out here.

4. The words ‘ther, William Fourteinth skiper at’ scored out here.

5. Sic.

1. NRS, PC2/27, 335r-340r.

2. The word ‘and’ scored out here.

3. The letter ‘e’ scored out here.

4. The words ‘ther, William Fourteinth skiper at’ scored out here.

5. Sic.

Sederunt, 4 April 1700 (pm), Edinburgh

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[4 April 1700] Eodem die Post Meridiem1

D1700/4/52

Sederunt

Lord Chancelor; Earl of Lauderdale; Earl of Forfar; Lord Forbes; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Aberuchill; Lord Crossrig; Laird of Stivinson; Lord Provest of Edinburgh

[4 April 1700] Eodem die Post Meridiem1

D1700/4/52

Sederunt

Lord Chancelor; Earl of Lauderdale; Earl of Forfar; Lord Forbes; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Aberuchill; Lord Crossrig; Laird of Stivinson; Lord Provest of Edinburgh

1. NRS, PC2/27, 335r.

2. NRS, PC2/27, 335r.

1. NRS, PC2/27, 335r.

2. NRS, PC2/27, 335r.

Act, 4 April 1700, Edinburgh

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Att Edinburgh The Fourth day of Aprill one thousand seven hundred years Ante Meridiem

D1700/4/41

Act

Act Sir John Campbell of Carrick and others

Anent a petition given in to the Lords of his Majesties privy Councill be Sir John Campbell of Carrick, Donald Campbell of Rachan and Colline Campbell of Ardinbine Shewing That albeit the petitioners have decreits and dilligences against severall highlanders in Lochaber and Elsewher for Nottour roberies and publict way takeing of their Cowes horses and other goods belonging to themselves and tennents, yet Cannot have access to the saids highlanders their persanes nor goods without the Concurrance of Some part of his Majesties forces which was denyed them wanting the saids Lords order to the Commanding officer upon the place to that effect, And Therfore humbly Supplicating the saids Lords to the effect aftermentioned as the said petitione more fully bears, The Lords of his majesties privy Councill haveing Considered the above petition given in to them by Sir John Campbell of Carrick, Donald Campbell of Bochean and Collin Campbell of Ardentenie They hereby gives and grants full warrant to Bridgadeer Maitland Governor of his Majesties Garison at Fort William to give Concurrance and Assistance to the petitioners in putting any legall dilligence raised at either of their instances upon all sentances or decreets pronounced by the Lords of his Majesties privy Councill or the Lords of Session to furder executione as accords in Law.

Att Edinburgh The Fourth day of Aprill one thousand seven hundred years Ante Meridiem

D1700/4/41

Act

Act Sir John Campbell of Carrick and others

Anent a petition given in to the Lords of his Majesties privy Councill be Sir John Campbell of Carrick, Donald Campbell of Rachan and Colline Campbell of Ardinbine Shewing That albeit the petitioners have decreits and dilligences against severall highlanders in Lochaber and Elsewher for Nottour roberies and publict way takeing of their Cowes horses and other goods belonging to themselves and tennents, yet Cannot have access to the saids highlanders their persanes nor goods without the Concurrance of Some part of his Majesties forces which was denyed them wanting the saids Lords order to the Commanding officer upon the place to that effect, And Therfore humbly Supplicating the saids Lords to the effect aftermentioned as the said petitione more fully bears, The Lords of his majesties privy Councill haveing Considered the above petition given in to them by Sir John Campbell of Carrick, Donald Campbell of Bochean and Collin Campbell of Ardentenie They hereby gives and grants full warrant to Bridgadeer Maitland Governor of his Majesties Garison at Fort William to give Concurrance and Assistance to the petitioners in putting any legall dilligence raised at either of their instances upon all sentances or decreets pronounced by the Lords of his Majesties privy Councill or the Lords of Session to furder executione as accords in Law.

1. NRS, PC2/27, 334v.

1. NRS, PC2/27, 334v.