Sederunt, 15 February 1700, Edinburgh

Edinburgh The fiftein day of February Jaj vic years1

D1700/2/82

Sederunt

Lord Chancelor; Earl of Marr; Earl of Buchan; Earl of Lothian; Earl of Lowdon; Earl of Annandale; Lord Montgomrie; Lord Ruthven; Lord Boyle; Lord Advocat; Lord Thesaurer Deput; Lord Halcraig; Lord Rankeillor; Laird of Stivenson; Lord Provest of Edinburgh

Edinburgh The fiftein day of February Jaj vic years1

D1700/2/82

Sederunt

Lord Chancelor; Earl of Marr; Earl of Buchan; Earl of Lothian; Earl of Lowdon; Earl of Annandale; Lord Montgomrie; Lord Ruthven; Lord Boyle; Lord Advocat; Lord Thesaurer Deput; Lord Halcraig; Lord Rankeillor; Laird of Stivenson; Lord Provest of Edinburgh

1. NRS, PC2/27, 310r.

2. NRS, PC2/27, 310r.

1. NRS, PC2/27, 310r.

2. NRS, PC2/27, 310r.

Procedure: suspension, 13 February 1700, Edinburgh

Att Edinburgh The Threttein day of February Jaj vic years

D1700/2/71

Procedure: suspension

[Suspension passed]

The Suspensione Cuming of Earnsyde Against Wyseman and Grant past in putica.

Att Edinburgh The Threttein day of February Jaj vic years

D1700/2/71

Procedure: suspension

[Suspension passed]

The Suspensione Cuming of Earnsyde Against Wyseman and Grant past in putica.

1. NRS, PC2/27, 310r.

1. NRS, PC2/27, 310r.

Decreet, 13 February 1700, Edinburgh

Att Edinburgh The Threttein day of February Jaj vic years

D1700/2/61

Decreet

Interloquitor William Anderson Against Allan Walkinshaw and others

The Process William Andersone Against Allan Walkinshaw and James Richardsone messengers et e Contra Being this day advised and the Lords of his majesties privy Councill Haveing heard the depositiones adduced by both parties in their respective processes both principall and Reconventione Read in their presence And haveing Considered the haill steps in both processes with the wrytes produced for either party They Find it Sufficiently proven That ther has been oppressive quartering used against the said William Andersone and quartering money exacted from him when the party was not quartered upon him and that the denunciatione and registratione Lybelled used against him and the Impresement following theron were Illegall and unwarantable and Contrary to a Standing Sist and that the poynding used against him was most unjust and violent, and that the ejection Committed on the said William Andersone his wife was without any Shaddow of Warrand And that the papers taken from the said William were by way of robbing or force, And that the dispositions and assignationes granted by him and his said wife and Discharge and declaratione in favors of the said Allan Walkingshaw was formerly extorted from him, And that the takeing away the said William Andersones horss was ane Spulzie and ryot And Therfore all the saids deeds were Illegall and unwarrantable And Ordaines the assignationes and Discharge or declaratione extorted from the said William Anderson and his said wife to be exhibit and delyvered into the hands of the Clerks of his majesties privy Councill with the haill grounds and warrands therof and payier, wherwith they relate to be delyvered up to the said William Andersone, And Ordaines both parties and their Lawiers to attend the Councill at ther nixt meetting on Thursday following at which time their Lordships declares they will farder advyse this cause and determine who is guilty of the Irregularities Committed and now found proven and who shall be lyable in the Damnadges therby Sustained and incurred by the said William Anderson.

Att Edinburgh The Threttein day of February Jaj vic years

D1700/2/61

Decreet

Interloquitor William Anderson Against Allan Walkinshaw and others

The Process William Andersone Against Allan Walkinshaw and James Richardsone messengers et e Contra Being this day advised and the Lords of his majesties privy Councill Haveing heard the depositiones adduced by both parties in their respective processes both principall and Reconventione Read in their presence And haveing Considered the haill steps in both processes with the wrytes produced for either party They Find it Sufficiently proven That ther has been oppressive quartering used against the said William Andersone and quartering money exacted from him when the party was not quartered upon him and that the denunciatione and registratione Lybelled used against him and the Impresement following theron were Illegall and unwarantable and Contrary to a Standing Sist and that the poynding used against him was most unjust and violent, and that the ejection Committed on the said William Andersone his wife was without any Shaddow of Warrand And that the papers taken from the said William were by way of robbing or force, And that the dispositions and assignationes granted by him and his said wife and Discharge and declaratione in favors of the said Allan Walkingshaw was formerly extorted from him, And that the takeing away the said William Andersones horss was ane Spulzie and ryot And Therfore all the saids deeds were Illegall and unwarrantable And Ordaines the assignationes and Discharge or declaratione extorted from the said William Anderson and his said wife to be exhibit and delyvered into the hands of the Clerks of his majesties privy Councill with the haill grounds and warrands therof and payier, wherwith they relate to be delyvered up to the said William Andersone, And Ordaines both parties and their Lawiers to attend the Councill at ther nixt meetting on Thursday following at which time their Lordships declares they will farder advyse this cause and determine who is guilty of the Irregularities Committed and now found proven and who shall be lyable in the Damnadges therby Sustained and incurred by the said William Anderson.

1. NRS, PC2/27, 309v-310r.

1. NRS, PC2/27, 309v-310r.

Sederunt, 13 February 1700, Edinburgh

Att Edinburgh The Threttein day of February Jaj vic years1

D1700/2/52

Sederunt

Lord Chancelor; Earl of Mar; Earl of Lauderdale; Earl of Lowdone; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Montgomry; Lord Forbes; Lord Ruthven; Lord Boyle; Lord Advocat; Lord Justice Clerk; Lord Aberuchill; Lord Halcraig; Lord Rankeillor; Lord Phesdoe; Laird of Stivensone

Att Edinburgh The Threttein day of February Jaj vic years1

D1700/2/52

Sederunt

Lord Chancelor; Earl of Mar; Earl of Lauderdale; Earl of Lowdone; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Montgomry; Lord Forbes; Lord Ruthven; Lord Boyle; Lord Advocat; Lord Justice Clerk; Lord Aberuchill; Lord Halcraig; Lord Rankeillor; Lord Phesdoe; Laird of Stivensone

1. NRS, PC2/27, 309r.

2. NRS, PC2/27, 309r.

1. NRS, PC2/27, 309r.

2. NRS, PC2/27, 309r.

Order, 8 February 1700, Edinburgh

Att Edinburgh the Eight day of February Jaj vic years

D1700/2/41

Order

Order anent James and Robert Merchants

The Lords of his majesties privy Councill Doe hereby Declair any two of the Committie named in the process at the instance of James and Robert merchant and the Laird of Aucholossen and others to be a Sufficient quorum Notwithstanding it is otherwayes appointed in the principall interloquitor.

Att Edinburgh the Eight day of February Jaj vic years

D1700/2/41

Order

Order anent James and Robert Merchants

The Lords of his majesties privy Councill Doe hereby Declair any two of the Committie named in the process at the instance of James and Robert merchant and the Laird of Aucholossen and others to be a Sufficient quorum Notwithstanding it is otherwayes appointed in the principall interloquitor.

1. NRS, PC2/27, 309r.

1. NRS, PC2/27, 309r.

Sederunt, 8 February 1700, Edinburgh

Att Edinburgh the Eight day of February Jaj vic years1

D1700/2/32

Sederunt

Lord Chancelor; Earl of Crafurd; Earl of Lauderdale; Earl of Lowdonne; Earl of Leven; Earl of Forfar; Lord Jedburgh; Lord Polwarth; Lord Forbes; Lord Ruthven; Lord Boyle; Lord Advocat; Lord Aberuchill; Lord Rankeillor; Lord Phesdoe

Att Edinburgh the Eight day of February Jaj vic years1

D1700/2/32

Sederunt

Lord Chancelor; Earl of Crafurd; Earl of Lauderdale; Earl of Lowdonne; Earl of Leven; Earl of Forfar; Lord Jedburgh; Lord Polwarth; Lord Forbes; Lord Ruthven; Lord Boyle; Lord Advocat; Lord Aberuchill; Lord Rankeillor; Lord Phesdoe

1. NRS, PC2/27, 309r.

2. NRS, PC2/27, 309r.

1. NRS, PC2/27, 309r.

2. NRS, PC2/27, 309r.

Warrant, 1 February 1700, Edinburgh

Att Edinburgh the first day of February One Thousand Seven hundred years

D1700/2/21

Warrant

Warrant for allowing George Robertsone to be received a witness in William Andersone his process against Walkinshaw

Anent the petitione given in to the Lords of his majesties privy Councill be William Andersone Dean of Gild of Dumfermling Shewing That Wherin the proces depending at the petitioners instance against Allan Walkinshaw for oppression Bangstrie and Ryot Committed upon the petitioner by the said Allan and his doers and associats In which lybell ther are many gross articles of oppression lybelled and among the rest, That the petitioner was forced to Signe a declaratione that the petitioner should not quarrell the said Allan Walkingshaw for the Illegallity of the poynding dureing the time the petitioner was in prisone and the petitioner was forced in these Circumstances to Signe the forsaid declaratione before the said Allan Walkinshawes defenders would consent to the petitioners liberatione, and the petitioner haveing led aprobatione upon all the articles of the petitioners Lybell and ane witness upon the said article of the petitioners being necessitate to give the said declaratione in maner above specified, When the petitioner was adduceing one George Robertsone wryter in Edinburgh who was present at the Signeing of the said declaratione and to all the passed that time It wes not easie for ane to gett the Committie Mett Severally of their Lordships being out of Toune, The defenders took advantadge and gave in ane bill to the saids Lords Clamouring that the petitioner did postpone concluding his probation And Therfore Craveing the saids Lords would Ordaine the petitioner to Conclude his probatione betwixt and Tewsday last being the threttie day of January to the effect the Cause might be advised The saids Lords did ordaine the probatione to be concluded accordingly In obedience to which the petitioner did use his endeavour to gett the Committie to meet Bot would not have the oppertunity of their Lordships upon accompt of their other affairs That diverted them from attending upon the Committie, and that Tuesday it self was a day that the Committie could not Meett The petitioner did Constantly apply to Such as were in Towne to the effect that they would be pleased to meet and examined the said witnesses Bot could not procure a meetting untill this day in the forenoon That the Earles of Crafurd and Marr was pleased to meet before whom the petitioner did adduce the said witnes Bot it being objected by the defenders that by the saids Lords delyverance the petitioner was oblidged to Conclude his probation betwixt and Teusday Last And it being answered by the petitioner that he hade been makeing Continuall applicatione to the Lords of the Committie Bot by severall Occurrances the petitioner could not gett a meeting Their Lordships did not receive the witness But did allow the petitioner to apply to the saids Lords for 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 petitione given in to them be the above William Andersone They hereby allow the above George Robertsone yet to be received a witnes And to be examined by any one of the Committie at any time betwixt and Tewsday nixt being the Sixth of February instant And Declaires they will advise the haill Stepps of the forsaid process upon the said day without farder delay.

Att Edinburgh the first day of February One Thousand Seven hundred years

D1700/2/21

Warrant

Warrant for allowing George Robertsone to be received a witness in William Andersone his process against Walkinshaw

Anent the petitione given in to the Lords of his majesties privy Councill be William Andersone Dean of Gild of Dumfermling Shewing That Wherin the proces depending at the petitioners instance against Allan Walkinshaw for oppression Bangstrie and Ryot Committed upon the petitioner by the said Allan and his doers and associats In which lybell ther are many gross articles of oppression lybelled and among the rest, That the petitioner was forced to Signe a declaratione that the petitioner should not quarrell the said Allan Walkingshaw for the Illegallity of the poynding dureing the time the petitioner was in prisone and the petitioner was forced in these Circumstances to Signe the forsaid declaratione before the said Allan Walkinshawes defenders would consent to the petitioners liberatione, and the petitioner haveing led aprobatione upon all the articles of the petitioners Lybell and ane witness upon the said article of the petitioners being necessitate to give the said declaratione in maner above specified, When the petitioner was adduceing one George Robertsone wryter in Edinburgh who was present at the Signeing of the said declaratione and to all the passed that time It wes not easie for ane to gett the Committie Mett Severally of their Lordships being out of Toune, The defenders took advantadge and gave in ane bill to the saids Lords Clamouring that the petitioner did postpone concluding his probation And Therfore Craveing the saids Lords would Ordaine the petitioner to Conclude his probatione betwixt and Tewsday last being the threttie day of January to the effect the Cause might be advised The saids Lords did ordaine the probatione to be concluded accordingly In obedience to which the petitioner did use his endeavour to gett the Committie to meet Bot would not have the oppertunity of their Lordships upon accompt of their other affairs That diverted them from attending upon the Committie, and that Tuesday it self was a day that the Committie could not Meett The petitioner did Constantly apply to Such as were in Towne to the effect that they would be pleased to meet and examined the said witnesses Bot could not procure a meetting untill this day in the forenoon That the Earles of Crafurd and Marr was pleased to meet before whom the petitioner did adduce the said witnes Bot it being objected by the defenders that by the saids Lords delyverance the petitioner was oblidged to Conclude his probation betwixt and Teusday Last And it being answered by the petitioner that he hade been makeing Continuall applicatione to the Lords of the Committie Bot by severall Occurrances the petitioner could not gett a meeting Their Lordships did not receive the witness But did allow the petitioner to apply to the saids Lords for 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 petitione given in to them be the above William Andersone They hereby allow the above George Robertsone yet to be received a witnes And to be examined by any one of the Committie at any time betwixt and Tewsday nixt being the Sixth of February instant And Declaires they will advise the haill Stepps of the forsaid process upon the said day without farder delay.

1. NRS, PC2/27, 308r-309r.

1. NRS, PC2/27, 308r-309r.

Sederunt, 1 February 1700, Edinburgh

Att Edinburgh the first day of February One Thousand Seven hundred years1

D1700/2/12

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Earl of Crafurd; Earl of Marr; Earl of Lauderdale; Earl of Lothian; Earl of Lowdone; Earl of Leven; Earl of Annandale; Earl of Forfar; Viscount Seafeild S:; Lord Polwarth; Lord Ruthven; Lord Advocat; Lord Thesaurer Deput; Lord Aberurchill; Lord Halcraig; Lord Rankeillor; Lord Phesdoe; Mr Fra: Montgomry; Laird of Stivensone; Lord Provest of Edinburgh

Att Edinburgh the first day of February One Thousand Seven hundred years1

D1700/2/12

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Earl of Crafurd; Earl of Marr; Earl of Lauderdale; Earl of Lothian; Earl of Lowdone; Earl of Leven; Earl of Annandale; Earl of Forfar; Viscount Seafeild S:; Lord Polwarth; Lord Ruthven; Lord Advocat; Lord Thesaurer Deput; Lord Aberurchill; Lord Halcraig; Lord Rankeillor; Lord Phesdoe; Mr Fra: Montgomry; Laird of Stivensone; Lord Provest of Edinburgh

1. NRS, PC2/27, 308r.

2. NRS, PC2/27, 308r.

1. NRS, PC2/27, 308r.

2. NRS, PC2/27, 308r.

Act, 25 January 1700, Edinburgh

Att Edinburgh The Twentie fifth day of January Jaj vic years

D1700/1/171

Act

Act Anent Archibald Cheisly Sone to Mr William Cheisly wryter

The Lords of his Majesties privy Councill haveing Considered a petition given in to them be Archibald Cheisly against Mr William Cheisly of Cockburne his father upon the Eleventh of January instant with the Answer made therto be his said father with the Testificats produced with the bill and paper produced with the said answers Togither with another petition given in by the said Archibald Cheisly upon the day and date hereof, They hereby give order and Warrant to the magistrats of Edinburgh and2 Baillies of the Cannogate and keeper of their Tolbooth To sett the petitioner at Libertie furth therof, In Respect before extracting hereof he has given bond and finding sufficient Cautione acted in the books of his Majesties privy Councill As in his power And that he has given his oath that he is not able to find better Cautione That he shall harmless and Skaithless keep his said father in the persone and goods and in the peaceable possessione of his Lands heritadges tackes Steading roomes and possessiones And that he shall be no wayes troubled or mollested be the said Archibald theruntill nor by no others of his Causing Sending hounding out Command resett assistance or Ratihabition whom he may Stopp or lett directly or indirectly from the day and date hereof in all time comeing Otherwayes then by order of Law and Justice Under the penaltie of ane thousand merks scots money Incase he shall faill or transgress in any part of the premisses.

Att Edinburgh The Twentie fifth day of January Jaj vic years

D1700/1/171

Act

Act Anent Archibald Cheisly Sone to Mr William Cheisly wryter

The Lords of his Majesties privy Councill haveing Considered a petition given in to them be Archibald Cheisly against Mr William Cheisly of Cockburne his father upon the Eleventh of January instant with the Answer made therto be his said father with the Testificats produced with the bill and paper produced with the said answers Togither with another petition given in by the said Archibald Cheisly upon the day and date hereof, They hereby give order and Warrant to the magistrats of Edinburgh and2 Baillies of the Cannogate and keeper of their Tolbooth To sett the petitioner at Libertie furth therof, In Respect before extracting hereof he has given bond and finding sufficient Cautione acted in the books of his Majesties privy Councill As in his power And that he has given his oath that he is not able to find better Cautione That he shall harmless and Skaithless keep his said father in the persone and goods and in the peaceable possessione of his Lands heritadges tackes Steading roomes and possessiones And that he shall be no wayes troubled or mollested be the said Archibald theruntill nor by no others of his Causing Sending hounding out Command resett assistance or Ratihabition whom he may Stopp or lett directly or indirectly from the day and date hereof in all time comeing Otherwayes then by order of Law and Justice Under the penaltie of ane thousand merks scots money Incase he shall faill or transgress in any part of the premisses.

1. NRS, PC2/27, 307v.

2. The word ‘Magistrats’ scored out here.

1. NRS, PC2/27, 307v.

2. The word ‘Magistrats’ scored out here.

Procedure: committee formed, 25 January 1700, Edinburgh

Att Edinburgh The Twentie fifth day of January Jaj vic years

D1700/1/161

Procedure: committee formed

Committie anent the Glasswork at Leith

The Lords of his majesties privy Councill haveing heard a petitione given in to them be Alexander Aimsley merchant in Edinburgh for himself and Copartner in the Glasswork at Leith Read in their presence They hereby Nominat and appoint Earles of Lauderdale and Leven, Lord Ruthven Lord Advocat, Lords Thesaurer Depute and Justice Clerk to be a Committie for Considering the goodnes and Sufficiencie of the Glass botles and other Glasses made in the Grasswork2 at Leith And if they be sold as good and Cheap as the proclamatione and former acts of Councill made theranent preseiding this day doeth appoint, And Recommends to the said Committie to meet the morrow at ten in the forenoon and to the Councill with their Conveniencie and Declaires any thrie of the said Committie to be ane sufficient quorum, and in the mean time Allowes and authorizes the masters of the said Glasswork at Leith and such as they shall Imploy for that end to make search for and Seazure of any botles from abroad that shall be Imported Contrary to the said proclamatione and under the paines therin contained, And after the said Committies report Ordaines a new proclamation of the tenor of the former in October Jaj vic Eightie nyne to be printed and published of this dayes date.

Att Edinburgh The Twentie fifth day of January Jaj vic years

D1700/1/161

Procedure: committee formed

Committie anent the Glasswork at Leith

The Lords of his majesties privy Councill haveing heard a petitione given in to them be Alexander Aimsley merchant in Edinburgh for himself and Copartner in the Glasswork at Leith Read in their presence They hereby Nominat and appoint Earles of Lauderdale and Leven, Lord Ruthven Lord Advocat, Lords Thesaurer Depute and Justice Clerk to be a Committie for Considering the goodnes and Sufficiencie of the Glass botles and other Glasses made in the Grasswork2 at Leith And if they be sold as good and Cheap as the proclamatione and former acts of Councill made theranent preseiding this day doeth appoint, And Recommends to the said Committie to meet the morrow at ten in the forenoon and to the Councill with their Conveniencie and Declaires any thrie of the said Committie to be ane sufficient quorum, and in the mean time Allowes and authorizes the masters of the said Glasswork at Leith and such as they shall Imploy for that end to make search for and Seazure of any botles from abroad that shall be Imported Contrary to the said proclamatione and under the paines therin contained, And after the said Committies report Ordaines a new proclamation of the tenor of the former in October Jaj vic Eightie nyne to be printed and published of this dayes date.

1. NRS, PC2/27, 307r.

2. Sic.

1. NRS, PC2/27, 307r.

2. Sic.