Author Archives: Philip Ward

Act, 2 February 1699, Edinburgh

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Att Edinburgh The Second day of February Jaj vic Nyntie Nyne years

D1699/2/21

Act

Act and Remitt Udney of Auchterellen Against Forbes of Wattertoune et e contra

Anent The Lybell or Letters of Complaint raised before the Lords of his majesties privy Councill at the instance of […] Udney of Auchterellen With Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwrittin Making Mention, That wher by the Lawes of this and all other weell governed nationes and by the Lawes and acts of parliament of this kingdome the violent and Sumar inverting of any of his majesties Lediges their possession without any order of Law, and breaking in peices Cruives and breaking of Damns and Stopting of a goeing milne as also the unlawfull Convocation of his majesties Leidges with Weapon invasive, and doeing of deeds under cloud and Sillence of night to the prejudice of any of his Majesties Lridges be all Crymes of ane high nature, and severly punishable by the Lawes and acts of parliament of this kingdome Nevertheless It is of verity that the said pursuer haveing ryd by progress to a Chartor under the great Seall in the year Jaj vic and thrie Infavors of Alexander Annan then of Auchterellen of the Lands of Auchterellen with the Salmond fishing on the watter of Ithan adjacent to the saids Lands and ane ample power and priviledge of Setting up and Errecting Cruives upon the most Commodious place of the said watter And by vertue of this Clause Containeing the fishings, The said pursuers authors and predecessors have ever been Since the date of the said Chartor in ane uninterupted and peaceable possession of fishing by Coble and nett and otherwayes upon the said watter of Ithain till within these few moneths interupted by the Laird of Wattertoune, and the said pursuer haveing Lately Conforme to the said Clause of the Chartor built and sett up a Cruive upon his oun damn dyke in alse regular and legall a maner as any Cruive ought to be Conforme to the acts of parliament made theranent yett Thomas Forbes of Wattertoune after the said Cruive was built and sett in ded upon the Tenth, Eleventh Twelth or ane or other of the dayes of the moneth of August Last by past Conveen John Gairn at the Milne of Wattertoune John Chrystie in Ellon, Alexander Martine in Tarmishie Thomas Temple in Ellon and others his accomplices to the number of Twentie or threttie men with polls forks Gavelochs quarrell mells, Staffs Long polls hammers and other weapons and instruments and Clandistinely under Silence and Cloud of night came to the Milne Damn wher the said Cruive was sett up, and in a violent and hostile maner brock the said Crive in peices and threw doune the said damn dyke so that the milne was suscless and stopt till the damn dyke was rebuilt By all Which It is manifast that the said Laird of Watterroune and his forsaids Accomplices abovenamed are guilty Airt and part of ane open and Manifast Ryot, and therfore they ought and Should not only be decerned to put in the said Crive, Bot also Decerned in the Soume of […] of Damnadges and otherwayes punished in their persones and good to the teror and example of others to Committ the Like in time comeing And Anent the Charge given to the saids defenders To have Compeired personally before the saids Lords at ane Certaine day now bygone To have answered to the grounds of the said Complaint and to have heard and seen such order and Course taken theranent as appertaines as in the said principall lybell and executiones therof more fully is Contained, And Alse Anent the Lybell of Reconventione raised before the saids Lords of privy Councill at the instance of the said Thomas Forbes of Wattertoune With Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwrittin That wher by the Lawes of this realme particularly the act Eliventh James first Parliament first the Wydnes of the hecks of Salmond Cruives is appointed to be thrie Inches And not only by the act James the fifth parliament fourth Caput Seventeinth are the holders of Cruives against the Law punished as Slayers of Reid fish id est the Tinsell of their lyfe for the thrid fault be the fifteinth act fourtein parliament James the second, and the act Seventie thrie parliament, Sixth James the fourth Bot Likewayes all Landed Gentlemen are by the act 2 Sixtie Eight parliament Nynth of Queen Mary Ordained under Certaine paynes and penalties to put the acts anent the doun putting of inlawfull Cruives to due executione within their respective bounds, and by the Commissione Granted to Certaine Judges for destroying of un Lawfull Cruives non are exempted from the executione of the said Commission Bot Such as are infeft and also in possession of holding Cruives, providing the hecks be not the due widnes aforsaid Likeas the Contempt of the Authority of the Supream Judges of the Land by attempting upon Innovations anent matters of Judiciall Dependance before them, or the Cause be brought to a Closse Is a Cryme and fault of no Small Consequence as tending the partie so doer his takeing right to himself at his oun hand, Likeas the Missrepresenting of the Leidges to the Lords of privy Councill as guilty of violent Invassions and breaches of peace in the right time while ther is no ground for any such accusation is a Cryme and fault highly punishable, And True It is That Robert Udney of Auchterellen pretending a3 right to Salmond fishing on the watter of Ithan, whose pretensions and rights were drawn in question before the Lords of Councill and Session by way of Reduction and Improbation at the said pursuers instance upon his and his authors unquestionable infeftments from the one thousand and five hundred year of God forwards of fishing upon the said watter of Itham from the Macher foord to the Foord of Fyvie Which is farr above the bounds of the defender his said pretended fishing and within which bounds the said defender cannot alledge that ever he or his authors were in use of holding of Cruives, notwithstanding wherof and dureing the dependance of the said proces of reductione He the said defender did at his own hand adventure in August Last to build a Cruive in his milne damne dyke to the great distructione and detriment of the said pursuers Salmond fishing in so much that the hecks of the said usurped Cruive were not above two inshes wid at Least for within the widnes aforsaid appointed be act of parliament and the said pursuer upon his being Certiorat of such ane Usurpation in the said defenders pairt, Haveing according to the facultie allowed to Landed Gentlmen be the act of parliament aforsaid come with men and matterialls Suitable for demolishing of the said unlawfull Cruive Did in day Light and with Sun Shyne put down and demolish the same, Which the said defender has wrongeously represented to the Lord of his Majesties privy Councill, as if the said pursuer hade in the night time and with force of armed men invaded the defenders ancient possession of Cruive fishing and violently sett up his goeing milnes Brock his damns, and did other unjustifieable things, while as the said pursuer acted nothing bot by warrand of Law, and in his own defence against the said defender his made usurpations upon him pendente Lite, And of which Crymes of unwarrantable Innovateing of possessione pendente Liti, and of holding unlawfull Cruives of hecks within the widnes appointed by the act of parliament and of Misrepresenting the Said pursuer as said is, The said defenders being found guilty He ought to be punished in his person and purse to the teror of others and to pay to the said pursuer the Soume of […] in name of Damnadges by reasone of the expences and trouble the said defender his said vexatious and groundless Misrepresentation and groundless Misrepresentatione aforsaid has occasioned the said pursuer And Anent the Charge given to the Said Robert Udney defender To Have Compeared before the Saids Lords at ane Certaine day now bygone To have Answered to the points of the above Complaint, and to have heard and seen Such order and Course taken theranent as they should find Just as in the Said Letters of Reconvention at more Length is Contained, Which Lybell at the Instance of the above Udney of Auchterellen against the above Thomas Forbes of Wattertone being this day Called in presence of the Lords of his majesties privy Councill and the above lybell of reconvention The said Forbes of Withertoune against the said Udney of Auchterellen being Likewayes Called being Likewayes Called4 in presence of the Saids Lords, and both parties Compearing personally, and Mr David Dalrymple, Sir Androw Home and Mr James Fergusone Compearing as procurators for the said Udney of Auchterellen pursuer in the principall Cause and defender in the reconventione, And Mr David Forbes advocat Compearing as procurator for the said Forbes of Wattertoune defender in the principall Cause and pursuer in the reconventione, and the rest of the defenders in the principall Cause The principall Lybell and answers made therto, And also the lybell reconvention being read, And the saids Lords haveing Considered both Lybells with answers made to the principall Lybell, They hereby Remitt both Lybells to the Lords of Councill and Session to be Summarly proceeded in and discust before their Lordships both as to the point of right and possession and as to the damnadges above Lybelled on.

Att Edinburgh The Second day of February Jaj vic Nyntie Nyne years

D1699/2/21

Act

Act and Remitt Udney of Auchterellen Against Forbes of Wattertoune et e contra

Anent The Lybell or Letters of Complaint raised before the Lords of his majesties privy Councill at the instance of […] Udney of Auchterellen With Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwrittin Making Mention, That wher by the Lawes of this and all other weell governed nationes and by the Lawes and acts of parliament of this kingdome the violent and Sumar inverting of any of his majesties Lediges their possession without any order of Law, and breaking in peices Cruives and breaking of Damns and Stopting of a goeing milne as also the unlawfull Convocation of his majesties Leidges with Weapon invasive, and doeing of deeds under cloud and Sillence of night to the prejudice of any of his Majesties Lridges be all Crymes of ane high nature, and severly punishable by the Lawes and acts of parliament of this kingdome Nevertheless It is of verity that the said pursuer haveing ryd by progress to a Chartor under the great Seall in the year Jaj vic and thrie Infavors of Alexander Annan then of Auchterellen of the Lands of Auchterellen with the Salmond fishing on the watter of Ithan adjacent to the saids Lands and ane ample power and priviledge of Setting up and Errecting Cruives upon the most Commodious place of the said watter And by vertue of this Clause Containeing the fishings, The said pursuers authors and predecessors have ever been Since the date of the said Chartor in ane uninterupted and peaceable possession of fishing by Coble and nett and otherwayes upon the said watter of Ithain till within these few moneths interupted by the Laird of Wattertoune, and the said pursuer haveing Lately Conforme to the said Clause of the Chartor built and sett up a Cruive upon his oun damn dyke in alse regular and legall a maner as any Cruive ought to be Conforme to the acts of parliament made theranent yett Thomas Forbes of Wattertoune after the said Cruive was built and sett in ded upon the Tenth, Eleventh Twelth or ane or other of the dayes of the moneth of August Last by past Conveen John Gairn at the Milne of Wattertoune John Chrystie in Ellon, Alexander Martine in Tarmishie Thomas Temple in Ellon and others his accomplices to the number of Twentie or threttie men with polls forks Gavelochs quarrell mells, Staffs Long polls hammers and other weapons and instruments and Clandistinely under Silence and Cloud of night came to the Milne Damn wher the said Cruive was sett up, and in a violent and hostile maner brock the said Crive in peices and threw doune the said damn dyke so that the milne was suscless and stopt till the damn dyke was rebuilt By all Which It is manifast that the said Laird of Watterroune and his forsaids Accomplices abovenamed are guilty Airt and part of ane open and Manifast Ryot, and therfore they ought and Should not only be decerned to put in the said Crive, Bot also Decerned in the Soume of […] of Damnadges and otherwayes punished in their persones and good to the teror and example of others to Committ the Like in time comeing And Anent the Charge given to the saids defenders To have Compeired personally before the saids Lords at ane Certaine day now bygone To have answered to the grounds of the said Complaint and to have heard and seen such order and Course taken theranent as appertaines as in the said principall lybell and executiones therof more fully is Contained, And Alse Anent the Lybell of Reconventione raised before the saids Lords of privy Councill at the instance of the said Thomas Forbes of Wattertoune With Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwrittin That wher by the Lawes of this realme particularly the act Eliventh James first Parliament first the Wydnes of the hecks of Salmond Cruives is appointed to be thrie Inches And not only by the act James the fifth parliament fourth Caput Seventeinth are the holders of Cruives against the Law punished as Slayers of Reid fish id est the Tinsell of their lyfe for the thrid fault be the fifteinth act fourtein parliament James the second, and the act Seventie thrie parliament, Sixth James the fourth Bot Likewayes all Landed Gentlemen are by the act 2 Sixtie Eight parliament Nynth of Queen Mary Ordained under Certaine paynes and penalties to put the acts anent the doun putting of inlawfull Cruives to due executione within their respective bounds, and by the Commissione Granted to Certaine Judges for destroying of un Lawfull Cruives non are exempted from the executione of the said Commission Bot Such as are infeft and also in possession of holding Cruives, providing the hecks be not the due widnes aforsaid Likeas the Contempt of the Authority of the Supream Judges of the Land by attempting upon Innovations anent matters of Judiciall Dependance before them, or the Cause be brought to a Closse Is a Cryme and fault of no Small Consequence as tending the partie so doer his takeing right to himself at his oun hand, Likeas the Missrepresenting of the Leidges to the Lords of privy Councill as guilty of violent Invassions and breaches of peace in the right time while ther is no ground for any such accusation is a Cryme and fault highly punishable, And True It is That Robert Udney of Auchterellen pretending a3 right to Salmond fishing on the watter of Ithan, whose pretensions and rights were drawn in question before the Lords of Councill and Session by way of Reduction and Improbation at the said pursuers instance upon his and his authors unquestionable infeftments from the one thousand and five hundred year of God forwards of fishing upon the said watter of Itham from the Macher foord to the Foord of Fyvie Which is farr above the bounds of the defender his said pretended fishing and within which bounds the said defender cannot alledge that ever he or his authors were in use of holding of Cruives, notwithstanding wherof and dureing the dependance of the said proces of reductione He the said defender did at his own hand adventure in August Last to build a Cruive in his milne damne dyke to the great distructione and detriment of the said pursuers Salmond fishing in so much that the hecks of the said usurped Cruive were not above two inshes wid at Least for within the widnes aforsaid appointed be act of parliament and the said pursuer upon his being Certiorat of such ane Usurpation in the said defenders pairt, Haveing according to the facultie allowed to Landed Gentlmen be the act of parliament aforsaid come with men and matterialls Suitable for demolishing of the said unlawfull Cruive Did in day Light and with Sun Shyne put down and demolish the same, Which the said defender has wrongeously represented to the Lord of his Majesties privy Councill, as if the said pursuer hade in the night time and with force of armed men invaded the defenders ancient possession of Cruive fishing and violently sett up his goeing milnes Brock his damns, and did other unjustifieable things, while as the said pursuer acted nothing bot by warrand of Law, and in his own defence against the said defender his made usurpations upon him pendente Lite, And of which Crymes of unwarrantable Innovateing of possessione pendente Liti, and of holding unlawfull Cruives of hecks within the widnes appointed by the act of parliament and of Misrepresenting the Said pursuer as said is, The said defenders being found guilty He ought to be punished in his person and purse to the teror of others and to pay to the said pursuer the Soume of […] in name of Damnadges by reasone of the expences and trouble the said defender his said vexatious and groundless Misrepresentation and groundless Misrepresentatione aforsaid has occasioned the said pursuer And Anent the Charge given to the Said Robert Udney defender To Have Compeared before the Saids Lords at ane Certaine day now bygone To have Answered to the points of the above Complaint, and to have heard and seen Such order and Course taken theranent as they should find Just as in the Said Letters of Reconvention at more Length is Contained, Which Lybell at the Instance of the above Udney of Auchterellen against the above Thomas Forbes of Wattertone being this day Called in presence of the Lords of his majesties privy Councill and the above lybell of reconvention The said Forbes of Withertoune against the said Udney of Auchterellen being Likewayes Called being Likewayes Called4 in presence of the Saids Lords, and both parties Compearing personally, and Mr David Dalrymple, Sir Androw Home and Mr James Fergusone Compearing as procurators for the said Udney of Auchterellen pursuer in the principall Cause and defender in the reconventione, And Mr David Forbes advocat Compearing as procurator for the said Forbes of Wattertoune defender in the principall Cause and pursuer in the reconventione, and the rest of the defenders in the principall Cause The principall Lybell and answers made therto, And also the lybell reconvention being read, And the saids Lords haveing Considered both Lybells with answers made to the principall Lybell, They hereby Remitt both Lybells to the Lords of Councill and Session to be Summarly proceeded in and discust before their Lordships both as to the point of right and possession and as to the damnadges above Lybelled on.

1. NRS, PC2/27, 185r-188r.

2. The letters ‘Jaj‘ scored out here.

3. Insertion.

4. Sic.

1. NRS, PC2/27, 185r-188r.

2. The letters ‘Jaj‘ scored out here.

3. Insertion.

4. Sic.

Sederunt, 2 February 1699, Edinburgh

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Att Edinburgh The Second day of February Jaj vic Nyntie Nyne years1

D1699/2/12

Sederunt

Lord Chancelour; Duke of Queensbery p.s.; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Mortoune; Earl of Buchan; Earl of Lothian; Earl of Lowdon; Earl of Leven; Earl of Anandale; Earl of Northesk; Lord Jedburgh; Lord Ross; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Aberuchill; Lord Halcraig; Lord Rankeillor; Lord Phesdoe; Laird of Pollock; Laird of Kelburne; Lord Provost of Edinburgh

Att Edinburgh The Second day of February Jaj vic Nyntie Nyne years1

D1699/2/12

Sederunt

Lord Chancelour; Duke of Queensbery p.s.; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Mortoune; Earl of Buchan; Earl of Lothian; Earl of Lowdon; Earl of Leven; Earl of Anandale; Earl of Northesk; Lord Jedburgh; Lord Ross; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Aberuchill; Lord Halcraig; Lord Rankeillor; Lord Phesdoe; Laird of Pollock; Laird of Kelburne; Lord Provost of Edinburgh

1. NRS, PC2/27, 185r.

2. NRS, PC2/27, 185r.

1. NRS, PC2/27, 185r.

2. NRS, PC2/27, 185r.

Act, 19 January 1699, Edinburgh

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Att Edinburgh The Nynteinth day of January Jaj vic Nyntie Nyne years

D1699/1/121

Act

Act Captain Kennedy for printing the Late history of Europe Abridged

The Lords of his majesties privy Councill Doe hereby give order and warrand to and allowes Captain David Kennedy to print vend and sell a book Lately wryten by him Intituled The late History of Europe Abridged, And Discharges all other persones to print vend, or sell the said book without speciall warrant from the said Captain David Kennedy for the Space of fourtein years after the day and date hereof under the payne of Confication of the saids books, so printed vended or sold without Warrant from the said Captain Kennedy to the said Captain himself for his own behoove and payment of fyve hundred merks to him besides the confiscation forsaid.

Att Edinburgh The Nynteinth day of January Jaj vic Nyntie Nyne years

D1699/1/121

Act

Act Captain Kennedy for printing the Late history of Europe Abridged

The Lords of his majesties privy Councill Doe hereby give order and warrand to and allowes Captain David Kennedy to print vend and sell a book Lately wryten by him Intituled The late History of Europe Abridged, And Discharges all other persones to print vend, or sell the said book without speciall warrant from the said Captain David Kennedy for the Space of fourtein years after the day and date hereof under the payne of Confication of the saids books, so printed vended or sold without Warrant from the said Captain Kennedy to the said Captain himself for his own behoove and payment of fyve hundred merks to him besides the confiscation forsaid.

1. NRS, PC2/27, 184v-185r.

1. NRS, PC2/27, 184v-185r.

Act, 19 January 1699, Edinburgh

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Att Edinburgh The Nynteinth day of January Jaj vic Nyntie Nyne years

D1699/1/111

Act

Act and Comittie James Walkinshaw Merchant

Anent the petition given in to the Lords of his Majesties privy Councill by James Walkinshaw merchant in Glasgow, 2 Shewing That the petitioner haveing engadged severall servants to goe allongst in a voadge to the West Indies, and being read to Shipp them aboard gott nottice of ane Order published by the saids Lord, prohibiting all persons whatsoever to export furth of this kingdome any persones of men to the plantations of Forraigners in the West Indies without Licence from the saids Lords, The petitioner thought it his duty humbly to Lay before the saids Lords the Circumstances of his case, hopeing upon the Just Consideration therof the saids Lords would graciously allow him to proceed in the forsaid voydge For haveing not only fraughted a Ship wholly belonging to Scots men, and provyded a great part of Biskit for bread from Ireland, In Consideration of the scarcity of this kingdome, Bot also took on the Servants at the earnest desire of their parents and themselves out of pity to their Starving Condition, And the petitione intertained and Cloathed them at his oun Charge now two moneths agoe, the petitioner suffered them to Live at Libertie a shoar untill the ship was ready to saile and haveing particular indenturs with every one of the saids servants, with every one of the said servants, Wherby Such as are twentie years and upwards are only to serve for four years, and such as are under the age of Twentie only six years, and was willing to find Sufficient Caution that non of the saids Servants should be disposed off, Bot to Scots Inglis or Irish planters for the space forsaid, neither of all the servants the petitioner had engadged was ther one who was either Compelled or Sedduced, Bot all of them goe most willingly and the petitioner Shall be heartily Satisfied the saids Lords Should Recomend it to Mr Francis Montgomerie, The Magistrats of Glasgow Or any other magistrats near the plane to try and examine every one of them and if any Shall yet be in the least unwilling to goe the petitioner should freely dispense with such, notwithstanding of the great expence the petitioner hade Laid out, and seing the petitioner hade Laid out, and Seing the petitioner Loss both of expence the petitioner hade been at in Cloathing and mantaineing about a hundred and upwards of servants for thrie moneths, and the fraught and provisiones for the vessell would be so great that it would bring the petitioner under great burdein, and that the petitioner hade been Surprized with the said prohibitione and restraint upon a Trade of this kynd Which hade been hitherto freely allowed and that the saids Lords hade allowed Strangers to Compleat their voage, Who were in no other Circumstances then the petitioner and those Concerned with him It was hoped Therfore the saids Lords would not make the forsaid prohibitione More grievous and Strict against the petitioner a tradeing merchant in this kingdome then against Foreaigners, And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned The Lords of his majesties privy Councill haveing Considered this petition given in to them by the above James Walkinshaw, They Doe hereby allow the petitioner to shipp aboard the servants he has ingadged in his voyage to the west Indies, and Discharges all magistrats and others to mollest him theranent By vertue of the act of prohibition published by the Lords of privy Councill The said James Walkinshaw allwayes before3 Shypping aboard any of his Saids Servants, produceing all his said servants before and in presence of Mr Francis Montgomrie of Giftan and James Peadie present provest of Glasgow To whom the saids Lords Doe hereby Recommend to examine the saids persones Shipped or to be shipped if they be Compelled or sedduced, or unwilling to goe in the said voyage With power to the saids Commissioners to dissmiss and put to Libertie Such of the saids Servants as they shall find to be Compelled Seduced or unwilling to goe the forsaid voyage And to give the petitioner a Warrand for Shipping and Transporting such of the saids Servants as they shall find not to be Compelled or seduced and willing to goe the forsaid voyage.

Att Edinburgh The Nynteinth day of January Jaj vic Nyntie Nyne years

D1699/1/111

Act

Act and Comittie James Walkinshaw Merchant

Anent the petition given in to the Lords of his Majesties privy Councill by James Walkinshaw merchant in Glasgow, 2 Shewing That the petitioner haveing engadged severall servants to goe allongst in a voadge to the West Indies, and being read to Shipp them aboard gott nottice of ane Order published by the saids Lord, prohibiting all persons whatsoever to export furth of this kingdome any persones of men to the plantations of Forraigners in the West Indies without Licence from the saids Lords, The petitioner thought it his duty humbly to Lay before the saids Lords the Circumstances of his case, hopeing upon the Just Consideration therof the saids Lords would graciously allow him to proceed in the forsaid voydge For haveing not only fraughted a Ship wholly belonging to Scots men, and provyded a great part of Biskit for bread from Ireland, In Consideration of the scarcity of this kingdome, Bot also took on the Servants at the earnest desire of their parents and themselves out of pity to their Starving Condition, And the petitione intertained and Cloathed them at his oun Charge now two moneths agoe, the petitioner suffered them to Live at Libertie a shoar untill the ship was ready to saile and haveing particular indenturs with every one of the saids servants, with every one of the said servants, Wherby Such as are twentie years and upwards are only to serve for four years, and such as are under the age of Twentie only six years, and was willing to find Sufficient Caution that non of the saids Servants should be disposed off, Bot to Scots Inglis or Irish planters for the space forsaid, neither of all the servants the petitioner had engadged was ther one who was either Compelled or Sedduced, Bot all of them goe most willingly and the petitioner Shall be heartily Satisfied the saids Lords Should Recomend it to Mr Francis Montgomerie, The Magistrats of Glasgow Or any other magistrats near the plane to try and examine every one of them and if any Shall yet be in the least unwilling to goe the petitioner should freely dispense with such, notwithstanding of the great expence the petitioner hade Laid out, and seing the petitioner hade Laid out, and Seing the petitioner Loss both of expence the petitioner hade been at in Cloathing and mantaineing about a hundred and upwards of servants for thrie moneths, and the fraught and provisiones for the vessell would be so great that it would bring the petitioner under great burdein, and that the petitioner hade been Surprized with the said prohibitione and restraint upon a Trade of this kynd Which hade been hitherto freely allowed and that the saids Lords hade allowed Strangers to Compleat their voage, Who were in no other Circumstances then the petitioner and those Concerned with him It was hoped Therfore the saids Lords would not make the forsaid prohibitione More grievous and Strict against the petitioner a tradeing merchant in this kingdome then against Foreaigners, And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned The Lords of his majesties privy Councill haveing Considered this petition given in to them by the above James Walkinshaw, They Doe hereby allow the petitioner to shipp aboard the servants he has ingadged in his voyage to the west Indies, and Discharges all magistrats and others to mollest him theranent By vertue of the act of prohibition published by the Lords of privy Councill The said James Walkinshaw allwayes before3 Shypping aboard any of his Saids Servants, produceing all his said servants before and in presence of Mr Francis Montgomrie of Giftan and James Peadie present provest of Glasgow To whom the saids Lords Doe hereby Recommend to examine the saids persones Shipped or to be shipped if they be Compelled or sedduced, or unwilling to goe in the said voyage With power to the saids Commissioners to dissmiss and put to Libertie Such of the saids Servants as they shall find to be Compelled Seduced or unwilling to goe the forsaid voyage And to give the petitioner a Warrand for Shipping and Transporting such of the saids Servants as they shall find not to be Compelled or seduced and willing to goe the forsaid voyage.

1. NRS, PC2/27, 183v-184v.

2. An illegible word scored out here.

3. The word ‘the’ scored out here.

1. NRS, PC2/27, 183v-184v.

2. An illegible word scored out here.

3. The word ‘the’ scored out here.

Act, 19 January 1699, Edinburgh

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Att Edinburgh The Nynteinth day of January Jaj vic Nyntie Nyne years

D1699/1/101

Act

Act The Commissioners of Supply of the Shyre of Roxburgh and Magistrats of Jedburgh for a bridge

Anent the petition given in to the Lords of his Majesties privy Councill be the Commissioners of Supply within the Shyre of Roxburgh and Magistrats of the toune of Jedburgh and other heritors of the Shyre of Roxburgh Shewing That wher the brige upon the watter of Teviot below Ancrum haveing fallen into decay and Likely to become ruinous the petitioners made application to the last parliament for some provisione and fond to repair and Sustaine the Same Which being Recommended to the saids Lords Ther was in September Last Some Small dutie granted for a few years upon that account to be uplifted at the bridge Bot after the petitioners hade caused workmen to visite what repairation would be necessar and what the expence of makeing the bridge Sufficient would amount to by their report taken under their hands in presence of the petitioners It being found that the charge would amount to no Less then betwixt Eight or Nyne Thousand merks, Ther would no workmen Or any other persone be found after outmost dilligence used by the petitioners who would undertake to repair the bridge upon the Credit of the act granted by their Lordships The outmost Could have been reckoned to arise from the Said act being only such ane inconsiderable Soume as would be necessar for to keep the bridge in repair if once made sufficient Bot nowayes to affoord the present repairationes Wherby throw the great floods at the break of the Storme in November Last one of the four Arches of this bridge is wholly borne down and another of the arches so Chattered That it most be taken down to the ground before it can be made sufficient as also the Lands Stood upon the South end of the bridge is so shaken and Chattered, That it most be renewed from the founation, as also the piller nixt to it, and seing this is the only bridge upon the river of Teviot, and that ther is no feiry boat upon the whole matter Save one seven mylles above this bridge and that it is nottourly knowen this watter is so great and Rapid that for the most part of the winter time it is not foordable as also this bridge hath allwayes been Considered as so necessary both as lying upon a high road to the borders of England, And Likewayes the Common passadge for all the South part of Scotland travelling that way and so indispensibly necessar to the Shyres about and to the burgh of Jedburgh That any Considerable repairationes which have been mad therupon in the memory of man were allwayes by some pious donations and particularly the last arch that was repair’dd of this bridge was by the pious Liberalitie of one of the Arch bishops of Glasgow, and Seing the petitioners have no prospect or expectation to raise a fond Sufficient for repairing of this bridge Bot by the saids Lords gracious and favorable allowing a generall Contributione throw out the kingdome which being the only Charitable benevollence of weell disposed people for such a pious use It was hoped the saids Lords would favorably grant the Same as ther Lordships some times had done upon the accounts farr Less Considerable then this was knowen to be by many of the saids Lords oun number, And Therfore Humbly Cravein the saids Lords would be pleased in Consideration of the premysses to allow the petitioner a generall Contribution through out the kingdome for the ends forsaids to be Collected at such dayes and in such maner as the petitioners should find Convenient and appoint intimation therof to be made by the Ministers of the severall paroches upon the Lords day before the day of Contribution to be Collected and uplifted and pay in to the factor to be appointed by the petitioner upon his finding sufficient Caution to the petitioners to apply the Same for repairing of the forsaid bridge upon Teviot as the petition bears. The Lords of his Majesties privy Councill Haveing Considered this petition Given in to them by the above Commissioners of Supply within the Shyre of Roxburgh, The magistrats of Jedburgh and others of the said shyre of Roxburgh With a report of the workmen anent Ancrum bridge; and a missive Letter from the Lord Jedburgh to the Laird of Cavers to concurr with the town of Jedburgh in adressing the privy Councill for a Contribution to repair the said bridge mentioned and produced with this petitione They doe hereby Allow to the petitioners a generall Contribution for the ends mentioned in the said petition to be made at all the paroch Churches within this Kingdome, and that upon Such Lords dayes as shall be Condescended on by the petitioners, And appoints the Ministers to make intimation of the said Collectione upon the Lords day Immediatly preceiding that in which the said Collection is to be made And appoints the Contribution when Collected to be delyvered in and uplifted by the factor to be appointed by the petitioners, And that In Respect the said factor has given bond and found Sufficient Caution acted in the books of privy Councill That he shall apply the said Contribution when Collected for repairing the above bridge upon the watter of Teviot below Ancrum, and ordaines this to be printed with the particular intimations to follow hereon.

Att Edinburgh The Nynteinth day of January Jaj vic Nyntie Nyne years

D1699/1/101

Act

Act The Commissioners of Supply of the Shyre of Roxburgh and Magistrats of Jedburgh for a bridge

Anent the petition given in to the Lords of his Majesties privy Councill be the Commissioners of Supply within the Shyre of Roxburgh and Magistrats of the toune of Jedburgh and other heritors of the Shyre of Roxburgh Shewing That wher the brige upon the watter of Teviot below Ancrum haveing fallen into decay and Likely to become ruinous the petitioners made application to the last parliament for some provisione and fond to repair and Sustaine the Same Which being Recommended to the saids Lords Ther was in September Last Some Small dutie granted for a few years upon that account to be uplifted at the bridge Bot after the petitioners hade caused workmen to visite what repairation would be necessar and what the expence of makeing the bridge Sufficient would amount to by their report taken under their hands in presence of the petitioners It being found that the charge would amount to no Less then betwixt Eight or Nyne Thousand merks, Ther would no workmen Or any other persone be found after outmost dilligence used by the petitioners who would undertake to repair the bridge upon the Credit of the act granted by their Lordships The outmost Could have been reckoned to arise from the Said act being only such ane inconsiderable Soume as would be necessar for to keep the bridge in repair if once made sufficient Bot nowayes to affoord the present repairationes Wherby throw the great floods at the break of the Storme in November Last one of the four Arches of this bridge is wholly borne down and another of the arches so Chattered That it most be taken down to the ground before it can be made sufficient as also the Lands Stood upon the South end of the bridge is so shaken and Chattered, That it most be renewed from the founation, as also the piller nixt to it, and seing this is the only bridge upon the river of Teviot, and that ther is no feiry boat upon the whole matter Save one seven mylles above this bridge and that it is nottourly knowen this watter is so great and Rapid that for the most part of the winter time it is not foordable as also this bridge hath allwayes been Considered as so necessary both as lying upon a high road to the borders of England, And Likewayes the Common passadge for all the South part of Scotland travelling that way and so indispensibly necessar to the Shyres about and to the burgh of Jedburgh That any Considerable repairationes which have been mad therupon in the memory of man were allwayes by some pious donations and particularly the last arch that was repair’dd of this bridge was by the pious Liberalitie of one of the Arch bishops of Glasgow, and Seing the petitioners have no prospect or expectation to raise a fond Sufficient for repairing of this bridge Bot by the saids Lords gracious and favorable allowing a generall Contributione throw out the kingdome which being the only Charitable benevollence of weell disposed people for such a pious use It was hoped the saids Lords would favorably grant the Same as ther Lordships some times had done upon the accounts farr Less Considerable then this was knowen to be by many of the saids Lords oun number, And Therfore Humbly Cravein the saids Lords would be pleased in Consideration of the premysses to allow the petitioner a generall Contribution through out the kingdome for the ends forsaids to be Collected at such dayes and in such maner as the petitioners should find Convenient and appoint intimation therof to be made by the Ministers of the severall paroches upon the Lords day before the day of Contribution to be Collected and uplifted and pay in to the factor to be appointed by the petitioner upon his finding sufficient Caution to the petitioners to apply the Same for repairing of the forsaid bridge upon Teviot as the petition bears. The Lords of his Majesties privy Councill Haveing Considered this petition Given in to them by the above Commissioners of Supply within the Shyre of Roxburgh, The magistrats of Jedburgh and others of the said shyre of Roxburgh With a report of the workmen anent Ancrum bridge; and a missive Letter from the Lord Jedburgh to the Laird of Cavers to concurr with the town of Jedburgh in adressing the privy Councill for a Contribution to repair the said bridge mentioned and produced with this petitione They doe hereby Allow to the petitioners a generall Contribution for the ends mentioned in the said petition to be made at all the paroch Churches within this Kingdome, and that upon Such Lords dayes as shall be Condescended on by the petitioners, And appoints the Ministers to make intimation of the said Collectione upon the Lords day Immediatly preceiding that in which the said Collection is to be made And appoints the Contribution when Collected to be delyvered in and uplifted by the factor to be appointed by the petitioners, And that In Respect the said factor has given bond and found Sufficient Caution acted in the books of privy Councill That he shall apply the said Contribution when Collected for repairing the above bridge upon the watter of Teviot below Ancrum, and ordaines this to be printed with the particular intimations to follow hereon.

1. NRS, PC2/27, 181v-183r.

1. NRS, PC2/27, 181v-183r.

Act, 19 January 1699, Edinburgh

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Att Edinburgh The Nynteinth day of January Jaj vic Nyntie Nyne years

D1699/1/91

Act

Act Lord Justice Clerk etc for opening the Earl of Kincardins Chartor Chist

Anent the petition given in to the Lords of his Majesties privy Councill be The Lord Justice Clerk Livetenant Collonell John Erskeine governor of Stirling Castle, and the other Creditors of the deceast Alexander Earle of Kincardine Shewing That wher in the proces of sale intented and persewed at the petitioners instance of the Lands and estate Sometimes pertaineing to the said umquhill Alexander Earle of Kincardine, The Lords of Councill and session by their act and interloquitor of the date the twelth day of January instant Ordained the petitioners the Creditors to produce the said umquhill Alexander Earle of Kincardine his rights to the Estate and Assigned the twenty fourth day of the said moneth for that effect And Seing the said Earle his Chartor Chist was lying Consigned in the saids Lords Custody and that the petitioners could not have access therto without the saids Lords permissione and because the keyes of the said Chist are still in the hands of the representatives of Sir Alexander Gibson Since he was Clerk to the Councill It was Therfore Craved That the saids Lords would grant warand in maner underwrittin as the petitione more fully bears The saids Lords of his Majesties privy Councill haveing Considered this petition given in to them be the above Lord Justice Clerk Livetenent Collonell Erskine and others, They hereby allow the Clerks of Councill to open the above Chartor Chist at sight of the Lord Aberurchill one of their Lordships oun number, and at his Lordships Sight the saids Clerks to delyver up to the petitioner Such of the papers in the said Chartor Chist as by his Lordships may be thought proper for Satisfieing the desyre of the Lords of Sessions act, and that upon the petitioners their Sufficient recepts and oblidgment to reproduce the wrytes which they take up within […] and in respect the keyes of the said Chartor Chist are not in the hands of the present Clerks of Councill Therfore the saids Lords Doe hereby Decerne and Ordaine the representatives of the deceast Sir Alexander Gibsone and Mr Thomas Hay late Clerks of Councill and any other persones havers of the said keyes to delyver the samen in to the hands of the principall Clerks of privy Councill And Ordaines Letters under the Signet of Councill to be direct hereon against the representatives and others abovewryten to be Condescended upon in the horning by name and Surname upon six dayes warning

Att Edinburgh The Nynteinth day of January Jaj vic Nyntie Nyne years

D1699/1/91

Act

Act Lord Justice Clerk etc for opening the Earl of Kincardins Chartor Chist

Anent the petition given in to the Lords of his Majesties privy Councill be The Lord Justice Clerk Livetenant Collonell John Erskeine governor of Stirling Castle, and the other Creditors of the deceast Alexander Earle of Kincardine Shewing That wher in the proces of sale intented and persewed at the petitioners instance of the Lands and estate Sometimes pertaineing to the said umquhill Alexander Earle of Kincardine, The Lords of Councill and session by their act and interloquitor of the date the twelth day of January instant Ordained the petitioners the Creditors to produce the said umquhill Alexander Earle of Kincardine his rights to the Estate and Assigned the twenty fourth day of the said moneth for that effect And Seing the said Earle his Chartor Chist was lying Consigned in the saids Lords Custody and that the petitioners could not have access therto without the saids Lords permissione and because the keyes of the said Chist are still in the hands of the representatives of Sir Alexander Gibson Since he was Clerk to the Councill It was Therfore Craved That the saids Lords would grant warand in maner underwrittin as the petitione more fully bears The saids Lords of his Majesties privy Councill haveing Considered this petition given in to them be the above Lord Justice Clerk Livetenent Collonell Erskine and others, They hereby allow the Clerks of Councill to open the above Chartor Chist at sight of the Lord Aberurchill one of their Lordships oun number, and at his Lordships Sight the saids Clerks to delyver up to the petitioner Such of the papers in the said Chartor Chist as by his Lordships may be thought proper for Satisfieing the desyre of the Lords of Sessions act, and that upon the petitioners their Sufficient recepts and oblidgment to reproduce the wrytes which they take up within […] and in respect the keyes of the said Chartor Chist are not in the hands of the present Clerks of Councill Therfore the saids Lords Doe hereby Decerne and Ordaine the representatives of the deceast Sir Alexander Gibsone and Mr Thomas Hay late Clerks of Councill and any other persones havers of the said keyes to delyver the samen in to the hands of the principall Clerks of privy Councill And Ordaines Letters under the Signet of Councill to be direct hereon against the representatives and others abovewryten to be Condescended upon in the horning by name and Surname upon six dayes warning

1. NRS, PC2/27, 181r-181v.

1. NRS, PC2/27, 181r-181v.

Sederunt, 19 January 1699, Edinburgh

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D1699/1/82

Sederunt

Lord Chancelour; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Mortoune; Earl of Lauderdale; Earl of Lowdone; Earl of Leven; Earl of Annandale; Lord Strathnaver; Lord Ruthven; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Philiphaugh; Lord Rankeillor; Lord Phesdoe; Laird of Grant; Laird of Pollock; Laird of Blackbarony; Laird of Stivenson; Lord Provest of Edinburgh

Att Edinburgh The Nynteinth day of January Jaj vic Nyntie Nyne years1

D1699/1/82

Sederunt

Lord Chancelour; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Mortoune; Earl of Lauderdale; Earl of Lowdone; Earl of Leven; Earl of Annandale; Lord Strathnaver; Lord Ruthven; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Philiphaugh; Lord Rankeillor; Lord Phesdoe; Laird of Grant; Laird of Pollock; Laird of Blackbarony; Laird of Stivenson; Lord Provest of Edinburgh

1. NRS, PC2/27, 181r.

2. NRS, PC2/27, 181r.

1. NRS, PC2/27, 181r.

2. NRS, PC2/27, 181r.

Act, 17 January 1699, Edinburgh

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Att Edinburgh the Seventeinth day of January Jaj vic Nyntie Nyne

D1699/1/71

Act

Act Anent the Lists of Poleable persons

Anent the petitione given in to the Lords of his majesties privy Councill by the Magistrats of the burgh of Glasgow for them Selves and in name and behalf of the Toune Councill and Community of the said burgh Shewing Wheras the petitioners haveing conforme to the act of parliament anent the Pole-money taken and made Lists and rolls of the poleable persones within the Said burgh and duely recorded the samen in the termes of the said act The petitioners did upon the Nynteinth of December Last Transmitt ane abstract of the saids Lists by the ordinary post established betwixt Edinburgh and Glasgow, and albeit the Taxmen of the post office be oblidged by a Speciall agreement with the petitioners to make due and punctuall returnes of all Letters betwixt this place and Glasgow in the space of two dayes, yet the forsaids Lists and rolls which were dispatched on the Nynteinth as said is, did not arryve here till the Twentie thrid day of December when they were Lodged in Sir Thomas Moncreiffs hands, and the petitioners haveing severall times applied to William Ferguson of Ferguslie Tacksmen of the pole to receive the saids Lists that the same might be marked and returned in due time, He absolutely refused on pretence that they were not reported betwixt and that time prefixt be the act of parliament which was the twentie Second of the said moneth of December And Seing the petitioners are not in the fault that the saids rolls were not reported against the day prefixt and that their was bot modua mori the same being renewed by Sir Thomas Moncreiff the very day therafter and that it was only the post masters fault and non of the petitioners as said is And Therfore Humbly Craveing the saids Lords would be pleased to ordaine the said William Cochran Tacksman yet to receive and mark the saids Lists and rolls which are lying in Sir Thomas Moncreifs hands Especially ther being no Certification against the Magistrats who doe not report against the preceise day, and Likewayes to Recomend to the Tacksman that he appoint his Collector or the Collector of Cess for the Shyre who is willing to attend at Glasgow to uplift the pole payable to the Inhabitants therof within the Same, and that they not be oblidged who are very numerous to goe twentie myles to the head burgh of the Shyre at this Seasone to pay their pole as the petition bears, The Lords of his majesties privy Councill haveing Considered this petition given in to them by the Town of Glasgow anent their Lists of the pole money, And it haveing gone to the vote Whither the Taxmen of the pole should be ordained to receive and take up the books and lists of poleable persones which are presently Lying in the hands of the Clerks of his majesties thesaury or not, It was Caried in the affirmative, That they should be ordained to take them up, and appoints Sir Thomas Moncreiff Clerk to the Thesaury to make offer and delyver up the same instantly to the saids tacksmen, To the effect If they have any thing to represent theranent they may represent it to the Councill against their nixt Meetting.

Att Edinburgh the Seventeinth day of January Jaj vic Nyntie Nyne

D1699/1/71

Act

Act Anent the Lists of Poleable persons

Anent the petitione given in to the Lords of his majesties privy Councill by the Magistrats of the burgh of Glasgow for them Selves and in name and behalf of the Toune Councill and Community of the said burgh Shewing Wheras the petitioners haveing conforme to the act of parliament anent the Pole-money taken and made Lists and rolls of the poleable persones within the Said burgh and duely recorded the samen in the termes of the said act The petitioners did upon the Nynteinth of December Last Transmitt ane abstract of the saids Lists by the ordinary post established betwixt Edinburgh and Glasgow, and albeit the Taxmen of the post office be oblidged by a Speciall agreement with the petitioners to make due and punctuall returnes of all Letters betwixt this place and Glasgow in the space of two dayes, yet the forsaids Lists and rolls which were dispatched on the Nynteinth as said is, did not arryve here till the Twentie thrid day of December when they were Lodged in Sir Thomas Moncreiffs hands, and the petitioners haveing severall times applied to William Ferguson of Ferguslie Tacksmen of the pole to receive the saids Lists that the same might be marked and returned in due time, He absolutely refused on pretence that they were not reported betwixt and that time prefixt be the act of parliament which was the twentie Second of the said moneth of December And Seing the petitioners are not in the fault that the saids rolls were not reported against the day prefixt and that their was bot modua mori the same being renewed by Sir Thomas Moncreiff the very day therafter and that it was only the post masters fault and non of the petitioners as said is And Therfore Humbly Craveing the saids Lords would be pleased to ordaine the said William Cochran Tacksman yet to receive and mark the saids Lists and rolls which are lying in Sir Thomas Moncreifs hands Especially ther being no Certification against the Magistrats who doe not report against the preceise day, and Likewayes to Recomend to the Tacksman that he appoint his Collector or the Collector of Cess for the Shyre who is willing to attend at Glasgow to uplift the pole payable to the Inhabitants therof within the Same, and that they not be oblidged who are very numerous to goe twentie myles to the head burgh of the Shyre at this Seasone to pay their pole as the petition bears, The Lords of his majesties privy Councill haveing Considered this petition given in to them by the Town of Glasgow anent their Lists of the pole money, And it haveing gone to the vote Whither the Taxmen of the pole should be ordained to receive and take up the books and lists of poleable persones which are presently Lying in the hands of the Clerks of his majesties thesaury or not, It was Caried in the affirmative, That they should be ordained to take them up, and appoints Sir Thomas Moncreiff Clerk to the Thesaury to make offer and delyver up the same instantly to the saids tacksmen, To the effect If they have any thing to represent theranent they may represent it to the Councill against their nixt Meetting.

1. NRS, PC2/27, 179v-180v.

1. NRS, PC2/27, 179v-180v.

Act, 17 January 1699, Edinburgh

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Att Edinburgh the Seventeinth day of January Jaj vic Nyntie Nyne

D1699/1/61

Act

Act Anent Captain Baillies papers

Anent a Petition given in to the Lords of privy Council by Captain Robert Baillie, Rachell Baillie relict of the deceast Mr George Hutchisone late Minister in Edinburgh and other of the freinds and relations of the deceast Captain James Baillie Merchant in Edinburgh Shewing That wher the said Captain Robert Baillie brother sone to the said Captain James Baillie was out of the kingdome the time of his decease and the said Captain James Baillie did deliver the keyes of his Cabinet in the time of his Sicknes to Mr James Kirktoune Minister in Edinburgh to be keeped by him untill such time as his nearest freinds and relations Should be mett togither before he Should give up the keyes, or the Cabinet Should be opened And alse by the application made to my Lord Chancelor by Some of the Said Captain James his nearest relations, His Lordship was pleased to Cause Seall the saids Cabinats Untill such time as his nearest relationes and these concerned Should be present at the opening therof And seing that the said Captain Robert Baillie is his heir appearend to his heretable estate, And that Mr Hutchinson his nearest of Kine, and will have right to the exercise unless he has disposed on the Same Otherwayes, and that the other freinds and relations Concurr for the opening of the Saids Cabinats and alse Mr James Kirktoune is Content to delyver up the keyes therof to any persone whom the saids Lords Should name And Therfore Humbly Craveing the saids Lords would be pleased in Consideratione of the premysses To grant warrand to the said Mr James Kirktoune to delyver the keyes of the said Cabinat to ther Lordships Clerk of Councill and to him to open the saids Cabinats in presence of the petitioners and to make Inventar of the wrytes therincontained, and to delyver to each of them what wrytes belonged to them or to any other person who hade right to any wrytes Lying in the saids Cabinets as the petition bears, The Lords of his Majesties privy Councill Haveing Considered this petition given in to them by the above Captain Robert Baillie and others above wryten, They hereby Grant warrand to and Ordaine the above Mr James Kirktoune to deliver up the keyes of the above Cabinet to Sir Gilbert Eliot Clerk of privy Councill and Grants power and Warrand to the said Sir Gilbert to oppen the above Cabinets in presence of the present Lord provest of Edinburgh and of the petitioners and to make Such Inventary of the wrytes therin Contained, and to delyver up to each of the petitioners the wrytes belonging to them, or to any other person who have right to any wrytes belonging to them, and that in presence of the said Lord provest of Edinburgh upon their respective recepts Each persone for his own wrytes, And Ordaines Letters of horning under the Signet of Councill for present delyverie of the saids keyes upon six hours warning, and others needfull to be direct hereupon in forme as effeirs

Att Edinburgh the Seventeinth day of January Jaj vic Nyntie Nyne

D1699/1/61

Act

Act Anent Captain Baillies papers

Anent a Petition given in to the Lords of privy Council by Captain Robert Baillie, Rachell Baillie relict of the deceast Mr George Hutchisone late Minister in Edinburgh and other of the freinds and relations of the deceast Captain James Baillie Merchant in Edinburgh Shewing That wher the said Captain Robert Baillie brother sone to the said Captain James Baillie was out of the kingdome the time of his decease and the said Captain James Baillie did deliver the keyes of his Cabinet in the time of his Sicknes to Mr James Kirktoune Minister in Edinburgh to be keeped by him untill such time as his nearest freinds and relations Should be mett togither before he Should give up the keyes, or the Cabinet Should be opened And alse by the application made to my Lord Chancelor by Some of the Said Captain James his nearest relations, His Lordship was pleased to Cause Seall the saids Cabinats Untill such time as his nearest relationes and these concerned Should be present at the opening therof And seing that the said Captain Robert Baillie is his heir appearend to his heretable estate, And that Mr Hutchinson his nearest of Kine, and will have right to the exercise unless he has disposed on the Same Otherwayes, and that the other freinds and relations Concurr for the opening of the Saids Cabinats and alse Mr James Kirktoune is Content to delyver up the keyes therof to any persone whom the saids Lords Should name And Therfore Humbly Craveing the saids Lords would be pleased in Consideratione of the premysses To grant warrand to the said Mr James Kirktoune to delyver the keyes of the said Cabinat to ther Lordships Clerk of Councill and to him to open the saids Cabinats in presence of the petitioners and to make Inventar of the wrytes therincontained, and to delyver to each of them what wrytes belonged to them or to any other person who hade right to any wrytes Lying in the saids Cabinets as the petition bears, The Lords of his Majesties privy Councill Haveing Considered this petition given in to them by the above Captain Robert Baillie and others above wryten, They hereby Grant warrand to and Ordaine the above Mr James Kirktoune to deliver up the keyes of the above Cabinet to Sir Gilbert Eliot Clerk of privy Councill and Grants power and Warrand to the said Sir Gilbert to oppen the above Cabinets in presence of the present Lord provest of Edinburgh and of the petitioners and to make Such Inventary of the wrytes therin Contained, and to delyver up to each of the petitioners the wrytes belonging to them, or to any other person who have right to any wrytes belonging to them, and that in presence of the said Lord provest of Edinburgh upon their respective recepts Each persone for his own wrytes, And Ordaines Letters of horning under the Signet of Councill for present delyverie of the saids keyes upon six hours warning, and others needfull to be direct hereupon in forme as effeirs

1. NRS, PC2/27, 178v-179v.

1. NRS, PC2/27, 178v-179v.

Sederunt, 17 January 1699, Edinburgh

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Att Edinburgh the Seventeinth day of January Jaj vic Nyntie Nyne1

D1699/1/52

Sederunt

Lord Chancelour; Earl of Argyle; Earl of Marr; Earl of Lowdone; Earl of Leven; Earl of Annandale; Earl of Northesk; Lord Polwarth; Lord Carmichell; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Aberurchill; Laird of Grant; Laird of Pollock; Laird of Stivenson; Lord Provest of Edinburgh

Att Edinburgh the Seventeinth day of January Jaj vic Nyntie Nyne1

D1699/1/52

Sederunt

Lord Chancelour; Earl of Argyle; Earl of Marr; Earl of Lowdone; Earl of Leven; Earl of Annandale; Earl of Northesk; Lord Polwarth; Lord Carmichell; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Aberurchill; Laird of Grant; Laird of Pollock; Laird of Stivenson; Lord Provest of Edinburgh

1. NRS, PC2/27, 178v.

2. NRS, PC2/27, 178v.

1. NRS, PC2/27, 178v.

2. NRS, PC2/27, 178v.