Author Archives: Philip Ward

Sederunt, 12 March 1700, Edinburgh

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Att Edinburgh the Twelth day of March Jaj vic years1

D1700/3/62

Sederunt

Lord Chancelor; Earl of Cassills; Viscount Tarbat; Lord Forbes; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberuchill; Lord Halcraig; Mr Fra: Montgomry; Lord Provest of Edinburgh

Att Edinburgh the Twelth day of March Jaj vic years1

D1700/3/62

Sederunt

Lord Chancelor; Earl of Cassills; Viscount Tarbat; Lord Forbes; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberuchill; Lord Halcraig; Mr Fra: Montgomry; Lord Provest of Edinburgh

1. NRS, PC2/27, 321v.

2. NRS, PC2/27, 321v.

1. NRS, PC2/27, 321v.

2. NRS, PC2/27, 321v.

Act, 6 March 1700, Edinburgh

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Att Edinburgh The Sixth day of March One Thousand Seven hundred years

D1700/3/51

Act

Act Burnet of Montbodo and his tutor

Anent a Petition given in to the Lords of his Majesties privy Councill be James Burnet of Monboddo and Mr Andrew Burnet his Tutor dative Shewing That wher after debate in presence of the Lords of Session And notwithstanding of the opposition made by the daughters and airs of Lyne of Sir Alexander Burnet of Craigmyle the petitioners predecessor and also by Mr Thomas Burnet of Kemney the pretended heir in ale the petitioner was served and retoured heir of Tailzie and provisione to the said Sir Alexander and have also action depending against the saids heirs of Lyne for preferring the said Sir Alexanders bond of Tailzie in the petitioners favors, And that at Sir Alexanders death the Chartor Chist and wrytes of the said estate fell in his relicts and daughters hands And the relict marieing afterwards to Sir Charles Maitland of Pittreichie still keep the possession therof Notwithstanding that the eldest daughter was maried to Farquhersone of Innercauld Bot the wrytes and Chartor Chist being still in the keeping of the said Sir Charles2 who was Like wayes tutor and Curator to Sir Alexanders youngest daughter the petitioner was not Solicitous as to the Safety of the said Chartor Chist and evidents of the said estate knowing Sir Charles to be both a man of probity and unquestionable Sufficencie, So that if they hade been to be Sequestrated The petitioner could not have Consented to a fitter persone, Bot Sir Charles being now dead and his Sone […] Maitland Minor under Curators and the eldest daughter of Sir Alexander being Maried to Innercauld in the hight and blackest of the Highlands and no body now to Look after the said Chartor Chist Except the relict and youngest daughter who hath also been adversaries in this wholl matter And have Occasioned the petitioner great expensses in recovering the Tailzie and other3 papers which was fraudlently concealled and Abstracted by the Lady which is weell known to Seaverall of the Lords of Session who are now Councellors The petitioner must therfore of necessity apply to the saids Lords That Seing the petitioners title is established and the petitioners actione depending he might not be frustrat by the abstracting of the wrytes which the saids Lords might see evidently were in no Security And Seing the said Sir Charles was only deceased within these fyve or six weeks And Therfore humbly Supplicating the Saids Lords to the effect aftermentioned As the said petitione bears, The Lords of his Majesties privy Councill Haveing Considered the above petition given in to them be the above James Burnet of Monboddo and Mr Androw Burnet his tutor, They doe hereby Ordaine the above wrytes and Chartor Chist of the estate of Craigmyll wherof ane Inventar is allready made by the Commissar of Aberdeen, Togither with the rest not inventared to be exhibited and produced by the havers therof In the hands of the Shirriff principall of Aberdeen or his deputs And to remaine Sequestrat therin to be made furthcomeing to such as shall be found to have best ought therto, And Ordaines Letters of horning to be direct under the Signet of Councill upon fiftein dayes warning against the havers of 4 by name and designation to exhibit and produce the saids wrytes Alse weell Such of them as are not inventared as tehse of them which are inventared, And that upon Oath before the said Shirriff or his deputes to be Sequestrat in maner forsaid.

Att Edinburgh The Sixth day of March One Thousand Seven hundred years

D1700/3/51

Act

Act Burnet of Montbodo and his tutor

Anent a Petition given in to the Lords of his Majesties privy Councill be James Burnet of Monboddo and Mr Andrew Burnet his Tutor dative Shewing That wher after debate in presence of the Lords of Session And notwithstanding of the opposition made by the daughters and airs of Lyne of Sir Alexander Burnet of Craigmyle the petitioners predecessor and also by Mr Thomas Burnet of Kemney the pretended heir in ale the petitioner was served and retoured heir of Tailzie and provisione to the said Sir Alexander and have also action depending against the saids heirs of Lyne for preferring the said Sir Alexanders bond of Tailzie in the petitioners favors, And that at Sir Alexanders death the Chartor Chist and wrytes of the said estate fell in his relicts and daughters hands And the relict marieing afterwards to Sir Charles Maitland of Pittreichie still keep the possession therof Notwithstanding that the eldest daughter was maried to Farquhersone of Innercauld Bot the wrytes and Chartor Chist being still in the keeping of the said Sir Charles2 who was Like wayes tutor and Curator to Sir Alexanders youngest daughter the petitioner was not Solicitous as to the Safety of the said Chartor Chist and evidents of the said estate knowing Sir Charles to be both a man of probity and unquestionable Sufficencie, So that if they hade been to be Sequestrated The petitioner could not have Consented to a fitter persone, Bot Sir Charles being now dead and his Sone […] Maitland Minor under Curators and the eldest daughter of Sir Alexander being Maried to Innercauld in the hight and blackest of the Highlands and no body now to Look after the said Chartor Chist Except the relict and youngest daughter who hath also been adversaries in this wholl matter And have Occasioned the petitioner great expensses in recovering the Tailzie and other3 papers which was fraudlently concealled and Abstracted by the Lady which is weell known to Seaverall of the Lords of Session who are now Councellors The petitioner must therfore of necessity apply to the saids Lords That Seing the petitioners title is established and the petitioners actione depending he might not be frustrat by the abstracting of the wrytes which the saids Lords might see evidently were in no Security And Seing the said Sir Charles was only deceased within these fyve or six weeks And Therfore humbly Supplicating the Saids Lords to the effect aftermentioned As the said petitione bears, The Lords of his Majesties privy Councill Haveing Considered the above petition given in to them be the above James Burnet of Monboddo and Mr Androw Burnet his tutor, They doe hereby Ordaine the above wrytes and Chartor Chist of the estate of Craigmyll wherof ane Inventar is allready made by the Commissar of Aberdeen, Togither with the rest not inventared to be exhibited and produced by the havers therof In the hands of the Shirriff principall of Aberdeen or his deputs And to remaine Sequestrat therin to be made furthcomeing to such as shall be found to have best ought therto, And Ordaines Letters of horning to be direct under the Signet of Councill upon fiftein dayes warning against the havers of 4 by name and designation to exhibit and produce the saids wrytes Alse weell Such of them as are not inventared as tehse of them which are inventared, And that upon Oath before the said Shirriff or his deputes to be Sequestrat in maner forsaid.

1. NRS, PC2/27, 320v-321v.

2. The word ‘being’ scored out here.

3. The word ‘titles’ scored out here.

4. An illegible word scored out here.

1. NRS, PC2/27, 320v-321v.

2. The word ‘being’ scored out here.

3. The word ‘titles’ scored out here.

4. An illegible word scored out here.

Act, 6 March 1700, Edinburgh

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Att Edinburgh The Sixth day of March One Thousand Seven hundred years

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Act

Act Margaret Nisbet and John Veitch her husband

Anent a Petition given in to the Lords of his Majesties privy Councill be Margaret Nisbet Spouse to John Veitch wryter in Edinburgh and the said John Veitch for his interest Shewing That the petitioner haveing actione of exhibition depending before the Shirriffs of Edinburgh against Mrs Christian Hay Lawfull daughter to the deceast Collonell […] Hay for exhibiting and delyvering to the petitioner Sundrie wrytes evidents and parchments Conforme to ane Inventary, Which pertained to the deceast […] Nisbet of […] father to the said Margaret to whom they now belong, and are the instructiones and only documents of the petitionres fathers estate and her patrimony, And albeit it be most manifast that the said Mrs Christian hath these papers and has Showen the Same to Sundrie persones And to the petitioners themselves, yet she is so injurious and ill inclyned to the petitioners intrest That She refuses altogither to exhibit And towards outter disappointment of this action and intire ruining of the petitioners they are Certainly informed that She Speedily intends to guitt this kingdome and to returne into England wher her residence is takeing allong with her these papers and parchments which belong to the petitioners And wherin She hath no Shaddow of right unless the saids Lords prevent her designe which will goe near to ruin the petitioner and Cannto otherwayes be effectuated them by granting the order underwrittin And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned as the said petition bears The Lords of his Majesties privy Councill Haveing Considered this petition given in to them by the above Margaret Thisbet Spouse to John Veitch and the said John for his intrest, They hereby Give full power and warrand to any of their macers or messengers at armes to Seaze upon and Secure the persone of the abovenamed Mrs Christian Hay ay and whill She appear before the Shirriff principall of Edinburgh or his deputs and Find Sufficient Cautione to them, That she shall attend the severall dyets of the exhibition depending against her and to obtemper the decreet to be given therin or depone and exhibit in the said Shirriff principall or his deputs their hands the haill wrytes Lybelled, and mentioned in the petitione before she shall depairt from this kingdome to England or else wher, And appoints these wrytes when exhibited to remaine Sequestrat in the said Shirriff principall or his depute their hands to be made furthcomeing to all parties haveing intrest as accords of the Law, And in case she shall refuse Then to be Committ her to prison untill She obtemper the premisses.

Att Edinburgh The Sixth day of March One Thousand Seven hundred years

D1700/3/41

Act

Act Margaret Nisbet and John Veitch her husband

Anent a Petition given in to the Lords of his Majesties privy Councill be Margaret Nisbet Spouse to John Veitch wryter in Edinburgh and the said John Veitch for his interest Shewing That the petitioner haveing actione of exhibition depending before the Shirriffs of Edinburgh against Mrs Christian Hay Lawfull daughter to the deceast Collonell […] Hay for exhibiting and delyvering to the petitioner Sundrie wrytes evidents and parchments Conforme to ane Inventary, Which pertained to the deceast […] Nisbet of […] father to the said Margaret to whom they now belong, and are the instructiones and only documents of the petitionres fathers estate and her patrimony, And albeit it be most manifast that the said Mrs Christian hath these papers and has Showen the Same to Sundrie persones And to the petitioners themselves, yet she is so injurious and ill inclyned to the petitioners intrest That She refuses altogither to exhibit And towards outter disappointment of this action and intire ruining of the petitioners they are Certainly informed that She Speedily intends to guitt this kingdome and to returne into England wher her residence is takeing allong with her these papers and parchments which belong to the petitioners And wherin She hath no Shaddow of right unless the saids Lords prevent her designe which will goe near to ruin the petitioner and Cannto otherwayes be effectuated them by granting the order underwrittin And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned as the said petition bears The Lords of his Majesties privy Councill Haveing Considered this petition given in to them by the above Margaret Thisbet Spouse to John Veitch and the said John for his intrest, They hereby Give full power and warrand to any of their macers or messengers at armes to Seaze upon and Secure the persone of the abovenamed Mrs Christian Hay ay and whill She appear before the Shirriff principall of Edinburgh or his deputs and Find Sufficient Cautione to them, That she shall attend the severall dyets of the exhibition depending against her and to obtemper the decreet to be given therin or depone and exhibit in the said Shirriff principall or his deputs their hands the haill wrytes Lybelled, and mentioned in the petitione before she shall depairt from this kingdome to England or else wher, And appoints these wrytes when exhibited to remaine Sequestrat in the said Shirriff principall or his depute their hands to be made furthcomeing to all parties haveing intrest as accords of the Law, And in case she shall refuse Then to be Committ her to prison untill She obtemper the premisses.

1. NRS, PC2/27, 319v-320v.

1. NRS, PC2/27, 319v-320v.

Act, 6 March 1700, Edinburgh

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Att Edinburgh The Sixth day of March One Thousand Seven hundred years

D1700/3/31

Act

Act Cunninghame of Boquhan and others heritors of Gargonock for a steipend

Anent the petition given in to the Lords of his Majesties privy Councill be William Cunninghame of Buquhan one of the heritors of the parochin of Gargonnock Shewing That wher ther are vaccant stipends Still resting within the paroch of Gargonnock as for the second and Micheallmass terme of the year Jaj vic nyntie fyve and the whole Stipends of the years Jaj vic nyntie six and Jaj vic nyntie seven Before the saids kirk was lately planted which vaccant stipends are hitherto undisposed upon, and are Certainly at the disposall of the representatives of the Lord Cardross as undoubted patron as his Chartor therewith produced would testifie and farder the saids stipends yet resting unuplifted are also throw the Surceast of the patron by the late act of parliament of the presbytrie for pious uses within the paroch, Likeas ther are severall pious uses within the paroch such as the Repairing of the kirk and kirk yeard dyke he Likewayes the building of severall necessary bridges within the said paroch as the bridge of Buchquhan Bridge of Bruntoune and the bridge of Pow of Kilbeg, Which bridges are most needfull, being both on the kings high way and Likewayes upon the way to the kirk, and for want of the same not only persones are indangered in pressing the watters the time of Spetts Bot are often times wholly hindered to goe either to kirk or marcat and ther are also severall wayes within the said paroch that need repairation And Seing that the forsaid vaccant Stipends remaineing unuplifted as said is are Consented to be uplifted for the use and ends forsaid by the forsaid Representatives of the Lord Cardross, and all others haveing intrest, And that it is only needfull As use is that the saids Lords authority be interposed for the more effectuall ingathering therof And Therfore Supplicating the saids Lords to the effect aftermentioned As the said petition bears The Lords of his Majesties privy Councill Haveing Considered the above petitione given in to them be the above William Cuninghame of Buchquhan and the Earle of Buchan who is sone to the deceast Lord Cardross being present at the Councill Board, And the saids Lords haveing Considered the Lord Cardross his Chartors Mentioned in and produced with the petition They hereby Allow the vaccant stipend of the above kirk of Gargonnock for the Second and Micheallmiss terme of the year Jaj vic nyntie fyve And the haill Stipends of the saids kirk for the years Jaj vic nyntie six and Jaj vic nyntie seven before the kirk was planted to be Imployed for the pious uses following within the said paroch such as the repairing of the kirk, Kirk yeard dyke of the said paroch As Likewayes the building of Severall necessary bridges within the Same as the bridge of Boquham The Bridge of Bruntoune and the bridge of Pow of Kilbeg And for repairing severall wayes within the paroch which need repairation And Nominates and appoints the petitioner to be factor for uplifting and Imploying the saids Stipends, And Decernes and Ordaines the said William Cuninghame petitioner to be readily answered obeyed and payed of the saids vaccant Stipends by the heritors fewars Wodsetters Lifrentars titulars tacksmen of teynds tennents possessors and others Lyable in payment of the Same And ordaines Letters of horning on fiftein dayes under the Signet of Councill and others needfull to be direct hereon at the said factors instance against the saids heritors and others Lyable in payment of the saids vaccant Stipends upon production of a decreet of Locality; And in case ther be non, Ordaines the heritors and others Lyable in payment of the said Stipends To make payment to the said factor of their respective proportiones therof according as they shall be Decerned by the Judge ordinary In Respect the said factor before extracting hereof has given bond and found sufficient Cautione acted in the books of privy Councill That he shall Imploy the said Vacant Stipends when uplifted for the ends and uses forsaids.

Att Edinburgh The Sixth day of March One Thousand Seven hundred years

D1700/3/31

Act

Act Cunninghame of Boquhan and others heritors of Gargonock for a steipend

Anent the petition given in to the Lords of his Majesties privy Councill be William Cunninghame of Buquhan one of the heritors of the parochin of Gargonnock Shewing That wher ther are vaccant stipends Still resting within the paroch of Gargonnock as for the second and Micheallmass terme of the year Jaj vic nyntie fyve and the whole Stipends of the years Jaj vic nyntie six and Jaj vic nyntie seven Before the saids kirk was lately planted which vaccant stipends are hitherto undisposed upon, and are Certainly at the disposall of the representatives of the Lord Cardross as undoubted patron as his Chartor therewith produced would testifie and farder the saids stipends yet resting unuplifted are also throw the Surceast of the patron by the late act of parliament of the presbytrie for pious uses within the paroch, Likeas ther are severall pious uses within the paroch such as the Repairing of the kirk and kirk yeard dyke he Likewayes the building of severall necessary bridges within the said paroch as the bridge of Buchquhan Bridge of Bruntoune and the bridge of Pow of Kilbeg, Which bridges are most needfull, being both on the kings high way and Likewayes upon the way to the kirk, and for want of the same not only persones are indangered in pressing the watters the time of Spetts Bot are often times wholly hindered to goe either to kirk or marcat and ther are also severall wayes within the said paroch that need repairation And Seing that the forsaid vaccant Stipends remaineing unuplifted as said is are Consented to be uplifted for the use and ends forsaid by the forsaid Representatives of the Lord Cardross, and all others haveing intrest, And that it is only needfull As use is that the saids Lords authority be interposed for the more effectuall ingathering therof And Therfore Supplicating the saids Lords to the effect aftermentioned As the said petition bears The Lords of his Majesties privy Councill Haveing Considered the above petitione given in to them be the above William Cuninghame of Buchquhan and the Earle of Buchan who is sone to the deceast Lord Cardross being present at the Councill Board, And the saids Lords haveing Considered the Lord Cardross his Chartors Mentioned in and produced with the petition They hereby Allow the vaccant stipend of the above kirk of Gargonnock for the Second and Micheallmiss terme of the year Jaj vic nyntie fyve And the haill Stipends of the saids kirk for the years Jaj vic nyntie six and Jaj vic nyntie seven before the kirk was planted to be Imployed for the pious uses following within the said paroch such as the repairing of the kirk, Kirk yeard dyke of the said paroch As Likewayes the building of Severall necessary bridges within the Same as the bridge of Boquham The Bridge of Bruntoune and the bridge of Pow of Kilbeg And for repairing severall wayes within the paroch which need repairation And Nominates and appoints the petitioner to be factor for uplifting and Imploying the saids Stipends, And Decernes and Ordaines the said William Cuninghame petitioner to be readily answered obeyed and payed of the saids vaccant Stipends by the heritors fewars Wodsetters Lifrentars titulars tacksmen of teynds tennents possessors and others Lyable in payment of the Same And ordaines Letters of horning on fiftein dayes under the Signet of Councill and others needfull to be direct hereon at the said factors instance against the saids heritors and others Lyable in payment of the saids vaccant Stipends upon production of a decreet of Locality; And in case ther be non, Ordaines the heritors and others Lyable in payment of the said Stipends To make payment to the said factor of their respective proportiones therof according as they shall be Decerned by the Judge ordinary In Respect the said factor before extracting hereof has given bond and found sufficient Cautione acted in the books of privy Councill That he shall Imploy the said Vacant Stipends when uplifted for the ends and uses forsaids.

1. NRS, PC2/27, 318v-319v.

1. NRS, PC2/27, 318v-319v.

Act, 6 March 1700, Edinburgh

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Att Edinburgh The Sixth day of March One Thousand Seven hundred years

D1700/3/21

Act

Act The Countess of Morstein for appending the Sealls to a Birthbreiff

Anent the petition given in to the Lords of his Majesties privy Councill be Issobella Countess of Morstein Married to Cassimeir prince of Czartouriskie Duke of Cleven of the familly of Jageltone in Poleand Shewing That Androw Earle of Morstein great Thesaurer of Polland the petitioners father was maried to Lady Catharin Gordon Daughter to George Marques of Huntley And of his wife Lady Anna Campbell Sister German to the Marques of Argyle And wheras one of the petitioners sones and the petitioner are to obtaine a2 birthbreive as to their descent in Polland Bot the petitioners mothers Genologie being only proper to be obtained under the great seall of Scotland which was easily found of these two noble famillies of Huntley and Argyll and which is instantly verified by a Record of his Majesties Chancelory Bearing the Genolagie of the Same Lady the petitioners mother And Therfore humbly Supplicating the saids Lords to the effect aftermentioned As the said petition bears The Lords of his Majesties privy Councill Haveing Considered the above petition given in to them be the above Issobella Countes of Morstein They doe hereby Give order and Warrant to the director of his majesties Chancelary, and his deputes to wryte out a Birthbreive as to the Genalogie of Ladie Cathrin Gordon daughter to George Marques of Huntley Conforme to a Birthbreive of the date the twenty one day of August Jaj vic Eightie seven in the Record produced this day in presence of the Lords of his Majesties privy Councill And Recommends to the Lord high Chancellor And Gives order and Warrand to his deputes to append the great seall therto And to the Lyon King at Armes and heraulds to Blassone the Severall Coatts of Armes of the families mentioned in the Birth-breive To the end the Nobility of the said Issobella Countes of Morstein may appear in Foraigne Countries wher she is placed.

Att Edinburgh The Sixth day of March One Thousand Seven hundred years

D1700/3/21

Act

Act The Countess of Morstein for appending the Sealls to a Birthbreiff

Anent the petition given in to the Lords of his Majesties privy Councill be Issobella Countess of Morstein Married to Cassimeir prince of Czartouriskie Duke of Cleven of the familly of Jageltone in Poleand Shewing That Androw Earle of Morstein great Thesaurer of Polland the petitioners father was maried to Lady Catharin Gordon Daughter to George Marques of Huntley And of his wife Lady Anna Campbell Sister German to the Marques of Argyle And wheras one of the petitioners sones and the petitioner are to obtaine a2 birthbreive as to their descent in Polland Bot the petitioners mothers Genologie being only proper to be obtained under the great seall of Scotland which was easily found of these two noble famillies of Huntley and Argyll and which is instantly verified by a Record of his Majesties Chancelory Bearing the Genolagie of the Same Lady the petitioners mother And Therfore humbly Supplicating the saids Lords to the effect aftermentioned As the said petition bears The Lords of his Majesties privy Councill Haveing Considered the above petition given in to them be the above Issobella Countes of Morstein They doe hereby Give order and Warrant to the director of his majesties Chancelary, and his deputes to wryte out a Birthbreive as to the Genalogie of Ladie Cathrin Gordon daughter to George Marques of Huntley Conforme to a Birthbreive of the date the twenty one day of August Jaj vic Eightie seven in the Record produced this day in presence of the Lords of his Majesties privy Councill And Recommends to the Lord high Chancellor And Gives order and Warrand to his deputes to append the great seall therto And to the Lyon King at Armes and heraulds to Blassone the Severall Coatts of Armes of the families mentioned in the Birth-breive To the end the Nobility of the said Issobella Countes of Morstein may appear in Foraigne Countries wher she is placed.

1. NRS, PC2/27, 318r-318v.

2. The word ‘boar’ scored out here.

1. NRS, PC2/27, 318r-318v.

2. The word ‘boar’ scored out here.

Sederunt, 6 March 1700, Edinburgh

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Att Edinburgh The Sixth day of March One Thousand Seven hundred years1

D1700/3/12

Sederunt

Lord Chancelor; Earl of Buchan; Earl of Cassills; Earl of Forfar; Lord Forbes; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberurchill; Lord Halcraig; Lord Crossrig; Lord Phesdoe; Mr Fra: Montgomery; Lord Provest of Edinburgh

Att Edinburgh The Sixth day of March One Thousand Seven hundred years1

D1700/3/12

Sederunt

Lord Chancelor; Earl of Buchan; Earl of Cassills; Earl of Forfar; Lord Forbes; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberurchill; Lord Halcraig; Lord Crossrig; Lord Phesdoe; Mr Fra: Montgomery; Lord Provest of Edinburgh

1. NRS, PC2/27, 317v.

2. NRS, PC2/27, 317v.

1. NRS, PC2/27, 317v.

2. NRS, PC2/27, 317v.

Act, 29 February 1700, Edinburgh

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Att Edinburgh The Twentie Nynth day of February Jaj vic years

D1700/2/221

Act

Act James Stirling of Keir

Anent a Petition given in to the Lords of his Majesties privy Councill be James Stirling of Keir Shewing That wher ther being ane Decreet obtained at the petitioners instance before the Commissioners of Justiciary of the Midle district for the value of severall horsses and goods stollen out of the petitioners ground and formd upon the Laird of Mccleod his ground Mccleod being charged he obtained suspension therof before the Lords of his majesties privy Councill Which being fully debate before the saids Lords The Letters were found orderly proceeded, And therafter their being ane bill given in be Mccleod Reclaimeing against the decreet, Which being Considered with the answers given in therto The Lords Refused the desire of the bill and adhered to their former interloquitor and ordained the Decreet to goe out, Ther was ane New bill given in at Sir Duncan Campbell Cautioner in the suspension his instance farder alleadging that the proportion due to the respective Chargers were not sufficiently cleared, And so they could not know to whom to pay, And Garden for clearing therof produced ane assignation from the respective 2 Chargers to their intrest, Which took off that alledgance And now they pretend that the Commissioners of Justiciary could not decerne against the last Mccleod as representing his father, Because his retour was not produced, And they were not Competent Judges therintill upon which ground the decreet is Stopped, To Which It is answered That the decreet Mccleod being cited before the Commissioners of Justiciary and Decerned And being Suspended and and3 Compearing before the saids Lords And Decerned in his oun lifetime by severall Interloquitors, It were Strang now to allow any persone to Compear for his sone, (And yet deny to represent him) and to propone any defence to Stopp the petitioners decreet formerly pronounced And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned as the said petition bears The Lords of his Majesties privy Councill Haveing Considered the above petition given in to them by the above James Stirling of Keir They hereby Ordaine their Clerks to give out the extract of the decreet of Suspension at his instance Against Roderick Mccleod of that ilk and others Conforme to the interloquitor of Councill Decerning in the same dated the seventh day of July Jaj vic Nyntie Eight years.

Att Edinburgh The Twentie Nynth day of February Jaj vic years

D1700/2/221

Act

Act James Stirling of Keir

Anent a Petition given in to the Lords of his Majesties privy Councill be James Stirling of Keir Shewing That wher ther being ane Decreet obtained at the petitioners instance before the Commissioners of Justiciary of the Midle district for the value of severall horsses and goods stollen out of the petitioners ground and formd upon the Laird of Mccleod his ground Mccleod being charged he obtained suspension therof before the Lords of his majesties privy Councill Which being fully debate before the saids Lords The Letters were found orderly proceeded, And therafter their being ane bill given in be Mccleod Reclaimeing against the decreet, Which being Considered with the answers given in therto The Lords Refused the desire of the bill and adhered to their former interloquitor and ordained the Decreet to goe out, Ther was ane New bill given in at Sir Duncan Campbell Cautioner in the suspension his instance farder alleadging that the proportion due to the respective Chargers were not sufficiently cleared, And so they could not know to whom to pay, And Garden for clearing therof produced ane assignation from the respective 2 Chargers to their intrest, Which took off that alledgance And now they pretend that the Commissioners of Justiciary could not decerne against the last Mccleod as representing his father, Because his retour was not produced, And they were not Competent Judges therintill upon which ground the decreet is Stopped, To Which It is answered That the decreet Mccleod being cited before the Commissioners of Justiciary and Decerned And being Suspended and and3 Compearing before the saids Lords And Decerned in his oun lifetime by severall Interloquitors, It were Strang now to allow any persone to Compear for his sone, (And yet deny to represent him) and to propone any defence to Stopp the petitioners decreet formerly pronounced And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned as the said petition bears The Lords of his Majesties privy Councill Haveing Considered the above petition given in to them by the above James Stirling of Keir They hereby Ordaine their Clerks to give out the extract of the decreet of Suspension at his instance Against Roderick Mccleod of that ilk and others Conforme to the interloquitor of Councill Decerning in the same dated the seventh day of July Jaj vic Nyntie Eight years.

1. NRS, PC2/27, 317r-317v.

2. An illegible word scored out here.

3. Sic.

1. NRS, PC2/27, 317r-317v.

2. An illegible word scored out here.

3. Sic.

Act, 29 February 1700, Edinburgh

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Att Edinburgh The Twentie Nynth day of February Jaj vic years

D1700/2/211

Act

Act The Magistrats of Pearth

Anent a Petition given in to the Lords of his Majesties privy Councill be The provest Baillies Thesaurer Dean of Gild and remanent Magistrats of the Town of Pearth and other inhabitants of the said burgh cited in the proces aftermentioned Shewing That Wher the petitioners are Conveened before the saids Lords in a most Clamerous and Calumnious lybell at the instance of Mr John Ogilvie pretended Baillie and Some other inhabitants of the Town of Couper and that they have caused cite the whole magistrats of the burgh of Pearth of purpose to leave the toune disolate of government Or any of the Character of a magistrat who might observe or execute the exegencies of his majesties service, And therby take occasion to traduce the petitioners to the saids Lords and it being the saids Lords Constant practise in the Like cases to allow one or two of the Magistrats to attend dureing the dependence of the proces before the saids Lords and the rest of the magistrats to remaine at home for administrating the government And Manadging the affairs of the burgh And Therfore humbly Supplicating the said Lords to the effect aftermentioned The Lords of his Majesties privy Councill haveing Considered the above petitione given in to them be the above provest Baillies Dean of Gild Thesaurer and remanent Magistrats of the Town of Pearth and other inhabitants of the said burgh cited in the above process They hereby Allow the provest the eldest Baillie Viz […] Or […] Dean of Gild of Pearth to attend the Councill in the above process In name of the haill Magistrats of the said burgh and of the other persones called in the above process, and excuses the absence of the rest of the persones cited in the said proces as being necessary to rende within the burgh for the Manadgment of the government and other necessar affairs within the said burgh.

Att Edinburgh The Twentie Nynth day of February Jaj vic years

D1700/2/211

Act

Act The Magistrats of Pearth

Anent a Petition given in to the Lords of his Majesties privy Councill be The provest Baillies Thesaurer Dean of Gild and remanent Magistrats of the Town of Pearth and other inhabitants of the said burgh cited in the proces aftermentioned Shewing That Wher the petitioners are Conveened before the saids Lords in a most Clamerous and Calumnious lybell at the instance of Mr John Ogilvie pretended Baillie and Some other inhabitants of the Town of Couper and that they have caused cite the whole magistrats of the burgh of Pearth of purpose to leave the toune disolate of government Or any of the Character of a magistrat who might observe or execute the exegencies of his majesties service, And therby take occasion to traduce the petitioners to the saids Lords and it being the saids Lords Constant practise in the Like cases to allow one or two of the Magistrats to attend dureing the dependence of the proces before the saids Lords and the rest of the magistrats to remaine at home for administrating the government And Manadging the affairs of the burgh And Therfore humbly Supplicating the said Lords to the effect aftermentioned The Lords of his Majesties privy Councill haveing Considered the above petitione given in to them be the above provest Baillies Dean of Gild Thesaurer and remanent Magistrats of the Town of Pearth and other inhabitants of the said burgh cited in the above process They hereby Allow the provest the eldest Baillie Viz […] Or […] Dean of Gild of Pearth to attend the Councill in the above process In name of the haill Magistrats of the said burgh and of the other persones called in the above process, and excuses the absence of the rest of the persones cited in the said proces as being necessary to rende within the burgh for the Manadgment of the government and other necessar affairs within the said burgh.

1. NRS, PC2/27, 316v-317r.

1. NRS, PC2/27, 316v-317r.

Act, 29 February 1700, Edinburgh

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Att Edinburgh The Twentie Nynth day of February Jaj vic years

D1700/2/201

Act

Act The Duke of Gordon anent the Castle of Inverness

Anent a Petition given in to the Lords of his Majesties privy Councill be George Duke of Gordon Shewing That the Castle of Innverness belonging in propertie to the petitioner being possesst and made use of by the Government Since the revolutione was therby so much deteriorat and spoilled that it will inevitably2 goe to outter ruin and decay and become useless aither to the government or to the petitioner unless ther be such repairationes presently made therin either at the expence of the Government or at the petitioners charge in the first place to be afterwards re Imbursed according as the expences shall be instructed to have been Laid out And Therfore humbly Craveing the saids Lords would be pleased In Consideratione of the premisses that now in the time of peace It was neither necessary nor usuall to detaine the houses of privat persons from their proper owners either to appoint the said Castle of Innernes to be repaired and put in alse good Condition as it was in the time the Government took possessione therof Or otherwayes to ordaine the Samen to be restored to the petitioner to the effect the same may be repaired and preserved from ruin upon the petitioners being re Imbursed of the expensses to be Laid out theron according As the samen Shall be instructed to have been Laid out for doeing therof As the said petitione bears The Lords of her Majesties privy Councill haveing Considered this petition given in to them be George Duke of Gordon, They hereby Recomend and give Warrant to the Lairds of Caddel, Colloden Killravick and Brody or any two of them with two of the Magistrats of Inverness to meet and Consider the Condition of the above Castle and of the expensses necessar to repair the Same and appoints them to report the same to the Councill betwixt and the […] day of […] And in the mean time Appoints the petitioner to instruct his right to the said castle.

Att Edinburgh The Twentie Nynth day of February Jaj vic years

D1700/2/201

Act

Act The Duke of Gordon anent the Castle of Inverness

Anent a Petition given in to the Lords of his Majesties privy Councill be George Duke of Gordon Shewing That the Castle of Innverness belonging in propertie to the petitioner being possesst and made use of by the Government Since the revolutione was therby so much deteriorat and spoilled that it will inevitably2 goe to outter ruin and decay and become useless aither to the government or to the petitioner unless ther be such repairationes presently made therin either at the expence of the Government or at the petitioners charge in the first place to be afterwards re Imbursed according as the expences shall be instructed to have been Laid out And Therfore humbly Craveing the saids Lords would be pleased In Consideratione of the premisses that now in the time of peace It was neither necessary nor usuall to detaine the houses of privat persons from their proper owners either to appoint the said Castle of Innernes to be repaired and put in alse good Condition as it was in the time the Government took possessione therof Or otherwayes to ordaine the Samen to be restored to the petitioner to the effect the same may be repaired and preserved from ruin upon the petitioners being re Imbursed of the expensses to be Laid out theron according As the samen Shall be instructed to have been Laid out for doeing therof As the said petitione bears The Lords of her Majesties privy Councill haveing Considered this petition given in to them be George Duke of Gordon, They hereby Recomend and give Warrant to the Lairds of Caddel, Colloden Killravick and Brody or any two of them with two of the Magistrats of Inverness to meet and Consider the Condition of the above Castle and of the expensses necessar to repair the Same and appoints them to report the same to the Councill betwixt and the […] day of […] And in the mean time Appoints the petitioner to instruct his right to the said castle.

1. NRS, PC2/27, 316r-316v.

2. The suffix ‘in’ is an insertion.

1. NRS, PC2/27, 316r-316v.

2. The suffix ‘in’ is an insertion.

Act, 29 February 1700, Edinburgh

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Att Edinburgh The Twentie Nynth day of February Jaj vic years

D1700/2/191

Act

Act Anent the Glass Manufactory at Leith

Anent a Petition given in to the Lords of his Majesties privy Councill be Alexander Anisley2 Clerk to the Glass manufactory at Leith in name and behalf of the said Manufactory Sheweth That the Glassmasters at New Castle of purpose to ruin the Manufactory of Glass in Scotland have presently sent in to Montross upon their oun risk and hazard no less then Two Thousand Six hundred Dozen of Botles which will overstock that whole Countrey with the Commoditie And Seing the saids Lords 3 allwayes thought it Just That the Import of Foraigne botles Should be Discharged, And that the only reasone why that the prohibitione hath not4 been made effectuall is That the Members of the Glass Mnufactory hath not been hitherto Sufficiently authorized to name and appoint waiters of their own with power to them to seaze upon and destroy all foraigne Botles Imported into this kingdome wherever they would be found discovered or Seazed upon And Therfore Humbly Craveing the saids Lords would be pleased to warrand and authorize the Members and partners of the said Glass Manufactory at Leith to name and appoint such persones as they think most fitt to be waiters at all ports harbours and Creiks in this kingdome With power to them to seaze upon Confiscat or break all foraigne Botles that Shall be Imported to any part of this kingdome Bot particularly with power to them to seaze Confiscat or destroy the saids botles now presently Imported and Libered at Montross wherever the same can be found and discovered As the said petitione bears, The Lords of his Majesties privy Councill haveing Considered the above petition given in to them be the above Alexander Ainsley for himself and in name and behalf of the Glass manufactory at Leith They doe hereby Give power and Warrand to the Masters and Manadgers of the said Manufactory To nominat and send such persones as they shall think fitt to the Town of Montross with power to these persones to seaze upon and secure for his Majesties or the publicts use the above or any other botles brought from abroad to that place, And appoints the saids persones to sequestrat the Same in a Secure place and to returne a Certificat to the Lords of privy Councill and their Clerks under their hands and under the hands of the Magistrats of Montross Bearing the number of the botles and that they have Secured the said botles for his Majesties and the publicts use, and that betwixt and the first Councill day of Aprill nixt to come And Ordaines the Magistrats of the said burgh and all other persones whither Collectors or Waiters or others to be assisting to them in the executione of the premisses And in the mean time Recommends to the Committie formerly named upon a former petitione given in for the said Manufactory to Meet the morrow at ten in the forenoon And act according to the former referrence And adds the Earles of Melvill, Marr Buchan and Lowdoune The Lords Justice Clerk and Aberurchill and Mr Francis Montgomry to be upon the said former Committie, And Declaires any thrie of the haill Committie to be a Sufficient quorum.

Att Edinburgh The Twentie Nynth day of February Jaj vic years

D1700/2/191

Act

Act Anent the Glass Manufactory at Leith

Anent a Petition given in to the Lords of his Majesties privy Councill be Alexander Anisley2 Clerk to the Glass manufactory at Leith in name and behalf of the said Manufactory Sheweth That the Glassmasters at New Castle of purpose to ruin the Manufactory of Glass in Scotland have presently sent in to Montross upon their oun risk and hazard no less then Two Thousand Six hundred Dozen of Botles which will overstock that whole Countrey with the Commoditie And Seing the saids Lords 3 allwayes thought it Just That the Import of Foraigne botles Should be Discharged, And that the only reasone why that the prohibitione hath not4 been made effectuall is That the Members of the Glass Mnufactory hath not been hitherto Sufficiently authorized to name and appoint waiters of their own with power to them to seaze upon and destroy all foraigne Botles Imported into this kingdome wherever they would be found discovered or Seazed upon And Therfore Humbly Craveing the saids Lords would be pleased to warrand and authorize the Members and partners of the said Glass Manufactory at Leith to name and appoint such persones as they think most fitt to be waiters at all ports harbours and Creiks in this kingdome With power to them to seaze upon Confiscat or break all foraigne Botles that Shall be Imported to any part of this kingdome Bot particularly with power to them to seaze Confiscat or destroy the saids botles now presently Imported and Libered at Montross wherever the same can be found and discovered As the said petitione bears, The Lords of his Majesties privy Councill haveing Considered the above petition given in to them be the above Alexander Ainsley for himself and in name and behalf of the Glass manufactory at Leith They doe hereby Give power and Warrand to the Masters and Manadgers of the said Manufactory To nominat and send such persones as they shall think fitt to the Town of Montross with power to these persones to seaze upon and secure for his Majesties or the publicts use the above or any other botles brought from abroad to that place, And appoints the saids persones to sequestrat the Same in a Secure place and to returne a Certificat to the Lords of privy Councill and their Clerks under their hands and under the hands of the Magistrats of Montross Bearing the number of the botles and that they have Secured the said botles for his Majesties and the publicts use, and that betwixt and the first Councill day of Aprill nixt to come And Ordaines the Magistrats of the said burgh and all other persones whither Collectors or Waiters or others to be assisting to them in the executione of the premisses And in the mean time Recommends to the Committie formerly named upon a former petitione given in for the said Manufactory to Meet the morrow at ten in the forenoon And act according to the former referrence And adds the Earles of Melvill, Marr Buchan and Lowdoune The Lords Justice Clerk and Aberurchill and Mr Francis Montgomry to be upon the said former Committie, And Declaires any thrie of the haill Committie to be a Sufficient quorum.

1. NRS, PC2/27, 315r-315v.

2. Sic.

3. The word ‘are’ scored out here.

4. Insertion.

1. NRS, PC2/27, 315r-315v.

2. Sic.

3. The word ‘are’ scored out here.

4. Insertion.