D1700/1/5
D1700/1/52
Sederunt
Lord Chancelor; Earl of Crafurd; Earl of Lauderdale; Earl of Lowdoune; Earl of Leven; Earl of Anandale; Viscount Tarbat; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberurchill; Lord Crossrig; Lord Rankeillor; Mr Fra: Montgomry; Laird of Stivenson; Provest of Edinburgh
1. NRS, PC2/27, 298r.
2. NRS, PC2/27, 298r.
1. NRS, PC2/27, 298r.
2. NRS, PC2/27, 298r.
D1700/1/4
D1700/1/41
Decreet
Anent Our Soveraigne Lords Letters of Suspensione purchased and raised before the Lords of his Majesties privy Councill at the Instance of James Campbell portioner of Edinample Makeing Mention That Wher John Findlason Taylor in Doon has upon his pretended maner raised other Letters and therwith Caused Charge the said suspender to make payment to him of the soume of Thrie hundreth sixtie nyne pounds Eleven Shilling Eleven penies Scots money of principall and Four hundred marks of damnadges and expensses specified and Contained at his instance against Jannet Ogilvie relict of Thomas Ogilvie in Apser of Ednample and the said suspender her master and Land Lord for his intrest Conjunctllie and Severallie before the Commissioners of Justiciary of the Midle district appointed for setling and secureing the peace in the Highlands upon the Eight day of July last, Likeas Hary Buchanan younger of Leimy upon his pretended maner has raised other Letters and therwith has Caused charge the said suspender to make payment to him of the Soume of seven hundred and Fourtie pounds Scots money of principall six hundred pounds money forsaid of expensses of plea Also Contained in ane pretended decreet Obtained at his instance before the saids Commissioners of Justiciary against Lowrance and Robert McClerans in Stank of Kernoch the Suspenders tennents and him their Land Lord for his intrest upon the fourtein day of January then Last by past And that both within ane Certaine Short Space nixt after the Charge under the paine of rebellion and puting of him to the horne and for his alleadged disobedience hade Caused denounce the said Suspender or at least intends so to doe most wrongeously and unjustly Considering it is of verity, That the saids Decreits were in absence and for no Compearance The Suspender haveing been absent in the North of Scotland in the time as wes Nottourly knowen Wheras if he hade been Compearing He would have proponed Likeas he now propones the relevant defences following Primo That the saids Lands of Ednample and others are holden Immediatly by the Earle of Argyle of his Majestie (and were so2 some hundred years bygone) and are holden by the said Suspender and his predecessors of the said Earle and wherof the said Earle has the heritable right of Justiciary as appeared by the Earles Chartor produced Bearing the Lands of Ednample to be holden by tim of his majestie and also hearing his right to Justiciary marked in these places therof Secundo by the acts of parliament Jaj vic nyntie thrie Jaj vic nyntie fyve and Jaj vic nyntie Six appointing Commissioners of Justiciary to be granted to the Highlands The Earle of Argylls right of Justiciary is expressly Reserved And to grant Commission to the saids Commissioners of Justiciary Which the Earle neither did nor was requyred of him, And Therfore the saids Commissioners of Justiciary without ane express Commission from the Earle could not Judge nor decerne against any persones within the heritable Justiciary And Therfore the forsaid Letters and Charges Ought to be Suspendit etc Nevertheless the suspender was content to find Caution etc And Anent the Charge given to the saids Chargers To have Compeared before the Saids Lords of his majesties privy Councill at ane Certaine day now bygone Bringing with them the forsaid Letters and Charges and grounds and warrands therof To have been seen and Considered be the saids Lords And to have heard and Seen the Samen Suspended as the said Suspension more fully bears Which Suspension being appointed to be discuts before the saids Lords upon ane Certaine day, And the samen being called in presence of the saids Lords this day And the said James Campbell suspender Compearing personally With Mr David Dalrymple and Mr Robert Stewart advocats for him, And the said Jannet Ogilvie his tennent And the said John Finlasone Charger being oft times called and not Compearing And Mr David Cuninghame and Mr Dougall Stewart Compearing as advocats for him The saids Lords haveing at Length heard both parties procurators, And haveing Considered the Charge with the reasones of Suspensione, They have Suspended and hereby Suspends the Decreet charged on Simpliciter against the said James Campbell brother to Endample suspender for the haill Sumes therin contemed, And Declairs him quyt therof and free therfrae Simpliciter in all time comeing And Modifies and Restrictes the haill Soumes charged for the Soume of Ane hundred pounds Scots money And Finds the Letters Orderly proceeded against the above Jannet Ogilvie ay and while She make payment and satisfaction to the said John Finlasone Charger of the forsaid Soume of ane hundred pounds Scots To which the Soumes charged for are now3 restricted and modified And Ordaines Letters of horning on fiftein dayes under the Signet of Councill and others needfull to be direct hereon against the said Jannet Ogilvie in forme as effeirs.
1. NRS, PC2/27, 296v-298r.
2. Insertion.
3. Insertion.
1. NRS, PC2/27, 296v-298r.
2. Insertion.
3. Insertion.
D1700/1/3
D1700/1/31
Procedure: remission
Anent the petitione given in to the Lords of his majesties privy Councill be Walters Sandilands sone and heir to William Sandilands of Cowstoune brother German to the late Lord Torpichen Shewing That wher Mary Eastoune mother to the petitioner possesseth and liferenteth the whole estate of Coustoune So that the petitioner tho heir of the family Haveing nothing wherupon to be Sustained albeit it be provyded by act of Parliament Ther should be a necessary provision for sustaintatione of the heir according to the quantity of the heritadge yet such was the unkyndnes of the petitioners mother, That neither from a principle of naturall affection, nor from respect to the Laudable Lawes of the natione would She afford any allowance to the petitioner as a mean of Sustaintatione to him and his family So that the petitioner and his familly must begg unless the saids Lords present remeid And Therfore Humbly Craveing the saids Lords would be pleased In Consideratione of the premisses and according to the saids Lords practise in such cases To modifie to the petitioner such ane aliement as the saids Lords should find Just and necessary according to the Condition of the estate Which is two Thousand merks yearly as the said petitione bears The Lords of his majesties privy Councill Haveing Considered the above petition given in to them be Walter Sandilands eldest sone and heir to William Sandilands of Cowstoune brother german to the late Lord Torpichen with another petitione given in by way of answer therto by Mary Eastoune the said Walters mother Lady Cowstoune, The saids Lords Have Remitted and hereby Remitts the said Walter Sandilands petitioner to pursue for the Aliement Contained in his petitione before the Lords of Councill and Sessione And Recommends to the saids Lords to proceed in and discuss the said process for aliement Summarly without abideing the Course of the roll
1. NRS, PC2/27, 296r-296v.
1. NRS, PC2/27, 296r-296v.
D1700/1/2
D1700/1/21
Order
Anent the petition given in to the Lords of his majesties privy Councill be Sir John Hamiltone of Halcraig one of the Senators of the Colledge of Justice Shewing That Wher the petitioner has accquyred right to the Lands of Shawfeild Rutherglen and others Which belonged to the deceast Sir William and Sir James Hamiltons of Manner Ellistoune and Stands infeft therin by a Chartor under the great seall Conforme to the sasine therwith produced, And the petitioner being informed That some of the wrytes of the saids Lands Lye Consigned in the hands of the saids Lords Clerk in a Locked or sealled Trunk And the petitioner haveing applied to the petitioner for inspectione of the said wrytes The Clerk declared that ther was thrie or four trunks or Chists in his office wherof he hade not the keyes, In one of which it is most presumeable the saids wrytes are And it being your petitioners concerne and intrest to have inspectione and inventar therof, And Therfore humbly supplicating to the effect the effect2 aftermentioned as the said petitione bears The Lords of his Majesties privy Councill haveing Considered this petition given in to them by the above Lord Halcraig with the infeftment mentioned therin and produced therwith, They hereby Give order and warrand to their Clerks to Cause open the above Chists or trunks or Chists In presence and at the sight of the Lord Aberurchill, And allowes the petitioner to inspect any wrytes in the above Chists or trunks of and concerning the above Lands, and allowes their Clerks of Councill to Inventar the same For all which this shall be to the saids Clerks a sufficient Warrand and appoints the Chists and trunks to be Clossed againe at sight of the said Lord Aberurchill.
1. NRS, PC2/27, 295v-296r.
2. Sic.
1. NRS, PC2/27, 295v-296r.
2. Sic.
D1700/1/1
D1700/1/12
Sederunt
Lord Chancelor; Earl of Mar; Earl of Buchan; Earl of Lauderdale; Earl of Lothian; Earl of Leven; Earl of Anandale; Viscount Tarbat; Lord Jedburgh; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberurchill; Lord Halcraig; Mr Fra: Montgomry; Laird of Stivensone
1. NRS, PC2/27, 295v.
2. NRS, PC2/27, 295v.
1. NRS, PC2/27, 295v.
2. NRS, PC2/27, 295v.
D1699/12/13
D1699/12/131
Warrant
The Lords of his Majesties privy Councill doe hereby Allow James Spence servitor to Christian Viscountess Dowager of Frendraught to repair to his oun home, For which this shall be to him a sufficient warrant Albeit he be cited as a defender in the process at the instance of the relict of umquhill Lewis late Viscountess of Frendraught.
1. NRS, PC2/27, 295r.
1. NRS, PC2/27, 295r.
D1699/12/12
D1699/12/121
Act
Anent the petition given in to the Lords of his Majesties privy Councill be William Cochran of Ochiltrie John Alexander of Blackhouse Mr William Dunlape principall of the university of Glasgow, And of Androw Cathcart James Calquhoune Mathow Atchisone Lawrance Dunwoodies William Baxter Robert Alexander and Mongo Cochran merchants in Glasgow all partners foir errecting a Manufactorie of Wooll Stuffs at Glasgow in maner underwryten Shewing That wheras the petitioners have entred into a Copartnership with tis designe to Carry on a Manufactore for woollen Stuffs of all Sorts such as damasks half silks, Draughts, Frizes, Drogats, Tartains Craups, Capitationes Russetts and all other Stuffs for men and womens apperell either for Summer or winter, which they will furnish at as easie a rate as ever was furnished or sold within this kingdome every way as good, and all intirely made of our oun Countrey wooll, and in order hereunto have provyded Some and are provydeing more of the ablest work men Airiests from our Nighbouring nations, And Seing this work will be extreamly beneficiall to the whole Natione not only by the Manufactoring of the Native product of the kingdome and Imploying the poor therin, Bot also ther by a vast Soume of ready money will be keept within the kingdome which these years past has been exported and bestowed on these Stuffs It being weell knowen that above Ten Thousand pound Sterling in Specie hath been exported from the Southern and Westerne pairts of this kingdome to Ireland yearly for such Stuffs, and these publictly entered in the Custome house books, Besides what hath been Stollen in without entering And Wheras the saids Lords are by the Twelth act parliament Jaj vic Eightie one authorized to Declare these Manufactories that hereafter Should be sett up to be such to the effect they might enjoy the priviledges Liberties and Immunities granted by Law And Therfore Humbly Supplicating the Saids Lords to the effect aftermentioned as the petitione more fully bears The Lords of his Majesties privy Councill having Considered this petition given in to them be the above William Cochran of Ochiltrie and others, They hereby Declair the above work of Woolen Stuffs errected at Glasgow by the petitioners to be a Manufactory And that they shall enjoy the haill privieldges Liberties and Immunities granted in favors of of2 Manufactories by the act of parliament Jaj vic Eightie one, or by any other Lawes and acts of parliament, or acts and proclamationes of privy Councill And Requires and Commands the respective Judges Justices of peace, magistrats of burghs and others to whom the executione of the saids acts is Committed to be carefull that the saids acts be put to vigorous executione both against the Importers of the Stuffs and other woolen goods prohibited by Law as also against the Collectors of the Customes Surveyors or waiters in case of their Connivance or neglect and to be assisting to the petitioners or these Imployed by them in searching seazing and apprehending the saids prohibited goods and to give speedy dispatch by sentances against all such offenders as shall be guilty of breach of the saids acts aither by their oun oathes or Convict by other probatione within the thrie moneths prescribed by the said act.
1. NRS, PC2/27, 294r-295r.
2. Sic.
1. NRS, PC2/27, 294r-295r.
2. Sic.
D1699/12/11
D1699/12/111
Act
Anent the lybell or Letters of Complaint raised and pursued before the Lords of his majesties privy Councill at the Instance of Mr William Gordon of Balcomie advocat and Elizabeth Wood his spouse and by his Speciall Warrant, With Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwrittin Mentioning That wher by the Lawes of this and all other well governed realmes violent langstrie and oppression are discharged, And that non should doe himself right at his oun hand Specially by Military executione without the warrant of any previous legall Sentance and to the ruin and undoeing of the persons opprest And that to doe in the Contrary is a Cryme of ane high nature and ought to be severly punished, Nevertheless It is of verity That Sir William Hope of Kirklistoune and deputy Governor of the Castle of Edinburgh Shakeing of all due regaird to his majesties Lawes and authority Did under pretence of his haveing ane assurance from the Tacksmen of the Estate of Balcombie of their tack and of a disposition that the Tacksmen hade from the said Mr William Gordon of his right of the teynds of Balcombie for their releiff and security against a Certaine debt due to Sir Robert Enster incase the free Super plus profitt of the Tack of the Stock Should not pay that debt, Did upon the fourtein or ane or other of the dayes of December instant without any previous Legall Sentance warrant or dilligence whatsomever and after the Sum was sett, Send a Serjant with four Souldiers out of the castle of Edinburgh With a warrant in these very termes, serjant yow are hereby ordered with your partie to goe to the teynd Barne of Balcombie and to take possession therof and of the barn yeard Dowcat and Cuningarie therof and fishing of fynes2 this yow Shall doe as yow shall be answerable Subscrybed William Hope, And accordingly the said Serjant and Souldiers did violently break up the barne doors and Seazed all the Cornes therin, and Lodged them selves in the Barne and would not Suffer any fodder to be Caried out for the Mentinence of Twenty six head of Cattle horss and Nolt then upon the Maynes, and which for want were all put in hazard of Starving if not now actually Starved, Which damnadges cannot account to Less then the Soume of ane Thousand pounds Scots And Further the said souldiers and Serjants on pretence of the said warrant went to Fifnes and Discharged under severe Minaces Mr William Fishers of two boats of his own and the other fishers of the Town wherof the teynd fish be 3 longs to Mr William to give him ane Tack of Fish upon which resent violence and un heard of oppression; The said Mr William Gordon did instantly dispatch the said Elizabeth Wood his spouse to Complain to the Lords of his majesties privy Councill for the remeedy necessary, He himself being oblidged to remaine at home for preventing of furder hurt and mischeif by such an extraordinary oppressive practise By all which it is evident that the said Sir William Hope is guiltie airt and part of the forsaid Ryot and oppression which being proven the said Sir William Ought not only to be Decerned to repossess the forsaid pursuers to their full right and possession and to pay to the said pursuers the soume of […] for damnadge intrest and expenses, But also furder punished by Sentance of the saids Lords of privy Councill in his persone and goods as they shall see Cause to the terror and example of others to comitt the Like in any time comeing And Anent the Charge given to the said defenders To have Compeared personally befor the saids Lords at ane Certaine day now bygone To have answered to the points of the said Complaint And to have heard and seen such order and course taken theranent as the saids Lords should find Just As in the said Lybell or Letters of Complaint and executiones therof more fully is Contained Which Lybell being this day called in presence of the saids Lords of his Majesties privy Councill And the said Mr4 William Gordon one of the pursuers being oft times called and not Compearing And his said spouse the other pursuer Compearing personally with Sir James Stewart his Majesties advocat Sir David Thores Mr William Hage and Mr Alexander Abercrombie advocats for both pursuers And the said Sir William Hope defender Compearing personally with Mr David Dalrymple and Sir Walter Pringle his advocats, The Lybells and Answers therto for the defender being both5 read and both parties Lawiers fully heard, The saids Lords Remitts the Point of right and possession to the Lords of Councill and Session to be discust be them Summarly without abydeing the Course of the roll Bot prejudice of any Sequestratione In favors of the said Sir William Hope or his authors Laid on by Order of the Shirriff of Fyfe and his deputes.
1. NRS, PC2/27, 292v-294r.
2. Altered from ‘fyfnes’.
3. Several illegible words scored out here.
4. Insertion.
5. Insertion.
1. NRS, PC2/27, 292v-294r.
2. Altered from ‘fyfnes’.
3. Several illegible words scored out here.
4. Insertion.
5. Insertion.
D1699/12/10
D1699/12/102
Sederunt
Lord Chancelor; Earl of Marr; Earl of Lauderdale; Earl of Lothian; Earl of Lowdone; Earl of Anandale; Viscount Tarbat; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Aberurchill; Lord Halcraig; Lord Rankeillor; Lord Phesdo; Mr Fra: Montgomry
1. NRS, PC2/27, 292v.
2. NRS, PC2/27, 292v.
1. NRS, PC2/27, 292v.
2. NRS, PC2/27, 292v.
D1699/12/9
D1699/12/91
Act
Anent the Lybell or Letters of Complaint raised and pursued before the Lords of privy2 Councill at the instance of Telman Goden late servant to the Lord Polwarth Mentioning That wher by the Lawes and acts of Parliament as weell as the Lawes of all weell governed nationes all persones who keeps Ossilries and publict Inns for receveing of and Lodging of Strangers and travellers ought to defend and Mantaine the saids Lodgers in saifty and security in their persones and goods and the stealling robbing or away takeing of their money wearing appearall and other accutriements belonging to them, and striping their lodgers, almost naked of their very apperall and Wearing Cloathes by themselves or any other resett or intertained by them, are Crymes of ane high nature and severly punishable Especially when Committed against Strangers and foraigners, who hade ventured their life and spent much their time in his majesties service Nevertheless It is of verity That The said pursuer after haveing been fyve years in his majesties service and haveing reported a testificat therof and obtained a pass from his majesties Chancelor to goe beyond sea to see his freinds who Lived at Cambry being himself a native Frenchman in order to accomplish his said voage did upon ane or other of the dayes of the Moneth of September October or November in this present year of God goe to Kirkaldie in hopes to have found a ship to have caried him over to Holland or Flanders and therby the directione of the people went to the house of William Murray who keeped a publict Changehouse at the Signe of the Crown in the said burgh, wher he took up his Lodging and delivered to his Landlord the said William Murray a Trunk cloak bagg wherin were his wearing Cloaths of a Considerable value and twenty pounds sterling of his wadges which Clogbagg the said William Murray received from him about Twelve a Cloak in the day, and he and his brother Caried the Same up to the roome wher the said pursuer was to lodge that night and the pursuir haveing gone to Look after a Shipp, and haveing come back to the said William Murray’s house after Supping then went to the Chancelor wher he was to Lodge and before goeing to bed demanded from the Landlord a key to Lock or make the door fast by Bolt, Bot the said William Murray instead of secureing the roome wher the Clogbagg was then still Laying told the pursuer, That the door hade neither key nor bolt nor needed any bot he could be answerable for the Cloakbagg and all within the roome belonging to the pursuer, Nevertheless early before six of the Cloak nixt morning before the persuer was awake, The said William Murray came running in to the roome and asked for the pursuers Clogbagg pretending a stranger who hade Lodged in that house was emissing who perhapes might have wronged his Clogbagg, Bot in effect as the said pursuer now understands, That the said William Murray understands That the said William Murray himself being Banished out of Edinburgh for disaffection to the Government hade a mortall hatred to all who hade exposed and ventured their Lives in his majesties service was therfore greedy to Lay hold upon any opportunity to Spulzie and berive such as the pursuer of their goods and money Especially Looking upon him as a Stranger who neither know how to Complaine not how to seek redress and Therfore hade undowbtedly caried a way the Clog bagg with the Cloathes and money therin, and like wayes the pursuers haill gloves wearing Coat and severall others of this wearing abulziements in so much as he was Stripped very near to the skine Wher throw the said William Murray is guilty of a manifest Spulzie and robbery in Carrieing away the forsaid Trunk clogbagg Cloathes and other Abulziements And Therfore at least as being ane Innkeeper and master of ane hossilery ought to refound and make the samen good to the pursuer Conforme to his oath to be3 given anent the value therof and otherwayes to be punished in his presence and goods to the teror of others to Committ the Like in time comeing And Anent the Charge given to the said defender To have Compeared personally before the saids Lords of his Majesties privy Councill this day To have answered to the forsaid Complaint and to have heard and seen such order and Course taken theranent as appertaines As in the said Lybell or Letters of Complaint and executiones therof at more Lenth is Contained, Which Lybell and answers made therto for the defender being this day Called and both parties Compearing personally with Sir Androw and Sir Patrick Homes his advocats and Sir David Thores Mr William Hoge and Mr Robert Whyt advocats for the defenders, The Lybell and answers made therto for the defender being read and both parties and their Lawiers being fully heard And the saids Lords haveing Considered the Lybell and whole matter They hereby Remitt the Lybell to be Sumarly insisted in and discust before the Lords of Councill and Session without abydeing the Course of the roll.
1. NRS, PC2/27, 290v-292r.
2. Insertion.
3. The words ‘to be’ are an insertion.
1. NRS, PC2/27, 290v-292r.
2. Insertion.
3. The words ‘to be’ are an insertion.