Tag Archives: 1 January 1701

Warrant, 1 January 1701, Edinburgh

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Att Edinburgh The First day of January One Thousand seven Hundred and one years

D1701/1/31

Warrant

Warrand For helping the Interloquitor William Dunnet Against William Swanson and others

His Majesties high Commissioner and the Lords of his Majesties privy Councill Haveing Considered the interloquitor pronunced be his Grace and their Lordships upon the Lybell pursued before them upon the Tenth day of December Last by past at the instance of William Dunnat and John Bruce against William Swanstoune David Henderson and George Smith, Wherby They Remitted the said Lybell and reconventione at the defenders instance against the pursuers to be pursued and discust befor the Judge ordinary as accords cum onore expensarium to be payed by the defenders in case the pursuars in the principall Lybell shall prevaill which was stoped by the Lord high Commissioner and saids Lords of privy Councill Do hereby Declare That they did and doe mean by the Judge ordinary to whom the said Lybell and recovnention were Remitted The Judge ordinar within the shyre of Caithnes wher the fact Lybelled was committed and did and doe nowayes mean or intend any other Judge whatsoever And Ordaines the forsaid interloquitor to be helped understood so, and extracted accordingly.

Att Edinburgh The First day of January One Thousand seven Hundred and one years

D1701/1/31

Warrant

Warrand For helping the Interloquitor William Dunnet Against William Swanson and others

His Majesties high Commissioner and the Lords of his Majesties privy Councill Haveing Considered the interloquitor pronunced be his Grace and their Lordships upon the Lybell pursued before them upon the Tenth day of December Last by past at the instance of William Dunnat and John Bruce against William Swanstoune David Henderson and George Smith, Wherby They Remitted the said Lybell and reconventione at the defenders instance against the pursuers to be pursued and discust befor the Judge ordinary as accords cum onore expensarium to be payed by the defenders in case the pursuars in the principall Lybell shall prevaill which was stoped by the Lord high Commissioner and saids Lords of privy Councill Do hereby Declare That they did and doe mean by the Judge ordinary to whom the said Lybell and recovnention were Remitted The Judge ordinar within the shyre of Caithnes wher the fact Lybelled was committed and did and doe nowayes mean or intend any other Judge whatsoever And Ordaines the forsaid interloquitor to be helped understood so, and extracted accordingly.

1. NRS, PC2/28, 24v-25r.

1. NRS, PC2/28, 24v-25r.

Act, 1 January 1701, Edinburgh

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Att Edinburgh The First day of January One Thousand seven Hundred and one years

D1701/1/21

Act

Act The Earle of Argyll

Anent a Petition given in to his Majesties Commissioner and the Lords of his Majesties privy Councill be Archibald Earle of Argyll Shewing That upon a petitione presented to the Estates of parliament by the Duke of Gordon Craveing That Sir James Stewart his Majesties advocat and the other advocats therinnamed might be Ordained to appear for the officers of state and Kings donator, In the proces of Reduction raised against them by the petitioner and Creditors of the Marques of Argyle his Grandfather, It was left to his Grace his Majesties high Commissioner to determine whither or not the kings advocat should appear in the said proces for any of the said parties or for which of them It was humbly Represented that his Majesties advocat should be allowed to appear for the petitioner in the forsaid proces In regaird he has been Imployed for the petitioner in all his other concernes and what of his father or grandfathers affairs he hade occasion to take advise in Both before and since he hade the Character of his Majesties Advocat, and furder the Duke of Gordones intrest as donator is ren suam and is so far from being his Majesties particular concerne That it is both his Majesties and the Nationes intrest That Justice is done to the petitioner in the foresaid proces of judiciary by demonstrating to the world how groundless and Illegall the proceedings against the petitioners Grandfather were in the forsaid pretended process of Forfaulture And Therfore Humbly Craveing the said Lords would be pleased to allow and appoint his Majesties advocat to appear and plead for the petitioner in the forsaid proces of Reductione depending at his instance against the Duke of Gordon Seing he hath been all along advised and Consulted with this Aime as the said petitione bears His Majesties high Commissioner and Lords of his Majesties privy Councill Haveing Considered the above petitione given in to them by the above Earle of Argyll They have allowed and hereby Allowes his Majesties advocat and Leaves him to his Libertie to appear and plead for aither of the saids parties abovenamed or for neither of them as his Lordship shall think convenient

Att Edinburgh The First day of January One Thousand seven Hundred and one years

D1701/1/21

Act

Act The Earle of Argyll

Anent a Petition given in to his Majesties Commissioner and the Lords of his Majesties privy Councill be Archibald Earle of Argyll Shewing That upon a petitione presented to the Estates of parliament by the Duke of Gordon Craveing That Sir James Stewart his Majesties advocat and the other advocats therinnamed might be Ordained to appear for the officers of state and Kings donator, In the proces of Reduction raised against them by the petitioner and Creditors of the Marques of Argyle his Grandfather, It was left to his Grace his Majesties high Commissioner to determine whither or not the kings advocat should appear in the said proces for any of the said parties or for which of them It was humbly Represented that his Majesties advocat should be allowed to appear for the petitioner in the forsaid proces In regaird he has been Imployed for the petitioner in all his other concernes and what of his father or grandfathers affairs he hade occasion to take advise in Both before and since he hade the Character of his Majesties Advocat, and furder the Duke of Gordones intrest as donator is ren suam and is so far from being his Majesties particular concerne That it is both his Majesties and the Nationes intrest That Justice is done to the petitioner in the foresaid proces of judiciary by demonstrating to the world how groundless and Illegall the proceedings against the petitioners Grandfather were in the forsaid pretended process of Forfaulture And Therfore Humbly Craveing the said Lords would be pleased to allow and appoint his Majesties advocat to appear and plead for the petitioner in the forsaid proces of Reductione depending at his instance against the Duke of Gordon Seing he hath been all along advised and Consulted with this Aime as the said petitione bears His Majesties high Commissioner and Lords of his Majesties privy Councill Haveing Considered the above petitione given in to them by the above Earle of Argyll They have allowed and hereby Allowes his Majesties advocat and Leaves him to his Libertie to appear and plead for aither of the saids parties abovenamed or for neither of them as his Lordship shall think convenient

1. NRS, PC2/28, 24r-v.

1. NRS, PC2/28, 24r-v.

Sederunt, 1 January 1701, Edinburgh

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Att Edinburgh The First day of January One Thousand seven Hundred and one years1

D1701/1/12

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Mortone; Earl of Galloway; Earl of Lothian; Earl of Lowdon; Earl Finlator; Earl of Leven; Earl of Northesk; Earl of Forfar; Earl of Kintoir; Viscount Seafeild S; Viscount Tarbat; Lord Carmicheall S; Lord Forbes; Lord Ross; Lord Ruthven; Lord Boyle; Lord President of session; Lord Thesaurer Depute; Lord Justice Clerk; Lord Aberuchill; Lord Halcraig; Mr Frances Montgomry; Laird of Grant

Att Edinburgh The First day of January One Thousand seven Hundred and one years1

D1701/1/12

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Mortone; Earl of Galloway; Earl of Lothian; Earl of Lowdon; Earl Finlator; Earl of Leven; Earl of Northesk; Earl of Forfar; Earl of Kintoir; Viscount Seafeild S; Viscount Tarbat; Lord Carmicheall S; Lord Forbes; Lord Ross; Lord Ruthven; Lord Boyle; Lord President of session; Lord Thesaurer Depute; Lord Justice Clerk; Lord Aberuchill; Lord Halcraig; Mr Frances Montgomry; Laird of Grant

1. NRS, PC2/28, 24r.

2. NRS, PC2/28, 24r.

1. NRS, PC2/28, 24r.

2. NRS, PC2/28, 24r.

Proclamation, 1 January 1701, Edinburgh

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Att Edinburgh The First day of January One Thousand Seven Hundered and one years

A1701/1/21

Proclamation

Proclamation For apprehending Walter Herries

The Following Proclamation Being Read was voted approven and Signed, and ordained to be published and Recorded, whereof the Tenor follows
William By the grace of God King of great Brittain France and Ireland defender of the faith To; […] macers of our privy Councill messengers at arms, our Sheriffs in that pairt Conjunctly and Severally Specialy Constitute Greeting. Forasmuchas Wee and the Estates of Parliament Being Informed That one Walter Herries Chirurgeon, who went with the Company trading to Africa and the Indies Their First Ships to Darien, Is the author of a Pamphlet Entituled, a Defence of the Scots abdicating Darien, Including ane answer to the Scots Setlement there, And of another Pamphlet Entituled, a vindication of the said former Pamphlet, and the Estates of Parliament having Considered The saids Two Pamphlets to be Blasphemous, Scandalous and Calumnious lybells, Reflecting upon Religion and the Honour of this Nation, did Recommend to us, to Issue forth a Proclamation with advice of our Privy Councill appointing the said Walter Herries to be taken into Custody, Therfore we with advice of the Lords of our Privy Councill Require and Command all magistrats officiars of the Law and others of our Leidges To Seaze upon and take into Custody the person of the said Walter Herries where ever he can be apprehended within this Kingdom, and to deliver him to any Magistrat within the same, Indemnifying heirby all persons from any hazard of Slaughter mutilation or other violence which they may Committ against the said Walter Herries in caice of Resistance in apprehending of him, and for the further Encouragement of all our good Subjects within this Kingdom, To apprehend the person of the said Walter Herries Wee with advice forsaid, do promise and assure the soume of Six Thousand pounds Scots for a Reward who shall apprehend the said Walter Herries within this Kingdom, and deliver him to any magistrat within the same, in order to be tryed and brought to Justice, Requireing heirby The Lords Commissioners of our Thesaury to make payment of the Soume and Reward abovementioned To the person or persons who shall perform the forsaid service Our Will is Herefore and Wee Charge yow Straitly and Command, That Incontinent these our Letters Seen, ye pass to the mercat Cross of Edinburgh, and to the mercat crosses of the haill head burghs of the Severall Shyres and Stewartries within this Kingdom, and There in our name and authority by open Proclamation, make publication of the premises, That none pretend Ignorance, and ordains these presents to be printed Given under our Signet att Edinburgh The First day of January, and of our Reign the Twelfth year 1701. Sic Subscribitur.

Att Edinburgh The First day of January One Thousand Seven Hundered and one years

A1701/1/21

Proclamation

Proclamation For apprehending Walter Herries

The Following Proclamation Being Read was voted approven and Signed, and ordained to be published and Recorded, whereof the Tenor follows
William By the grace of God King of great Brittain France and Ireland defender of the faith To; […] macers of our privy Councill messengers at arms, our Sheriffs in that pairt Conjunctly and Severally Specialy Constitute Greeting. Forasmuchas Wee and the Estates of Parliament Being Informed That one Walter Herries Chirurgeon, who went with the Company trading to Africa and the Indies Their First Ships to Darien, Is the author of a Pamphlet Entituled, a Defence of the Scots abdicating Darien, Including ane answer to the Scots Setlement there, And of another Pamphlet Entituled, a vindication of the said former Pamphlet, and the Estates of Parliament having Considered The saids Two Pamphlets to be Blasphemous, Scandalous and Calumnious lybells, Reflecting upon Religion and the Honour of this Nation, did Recommend to us, to Issue forth a Proclamation with advice of our Privy Councill appointing the said Walter Herries to be taken into Custody, Therfore we with advice of the Lords of our Privy Councill Require and Command all magistrats officiars of the Law and others of our Leidges To Seaze upon and take into Custody the person of the said Walter Herries where ever he can be apprehended within this Kingdom, and to deliver him to any Magistrat within the same, Indemnifying heirby all persons from any hazard of Slaughter mutilation or other violence which they may Committ against the said Walter Herries in caice of Resistance in apprehending of him, and for the further Encouragement of all our good Subjects within this Kingdom, To apprehend the person of the said Walter Herries Wee with advice forsaid, do promise and assure the soume of Six Thousand pounds Scots for a Reward who shall apprehend the said Walter Herries within this Kingdom, and deliver him to any magistrat within the same, in order to be tryed and brought to Justice, Requireing heirby The Lords Commissioners of our Thesaury to make payment of the Soume and Reward abovementioned To the person or persons who shall perform the forsaid service Our Will is Herefore and Wee Charge yow Straitly and Command, That Incontinent these our Letters Seen, ye pass to the mercat Cross of Edinburgh, and to the mercat crosses of the haill head burghs of the Severall Shyres and Stewartries within this Kingdom, and There in our name and authority by open Proclamation, make publication of the premises, That none pretend Ignorance, and ordains these presents to be printed Given under our Signet att Edinburgh The First day of January, and of our Reign the Twelfth year 1701. Sic Subscribitur.

1. NRS, PC1/52, 163-4.

1. NRS, PC1/52, 163-4.

Sederunt, 1 January 1701, Edinburgh

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Att Edinburgh The First day of January One Thousand Seven Hundered and one years1

A1701/1/12

Sederunt

His Majesties high Commissioner; Lord Chancellor; Earl of Argyle; Earl of Crafurd; Earl of Mar; Earl of Morton; Earl of Galloway; Earl of Lothian; Earl of Loudoun; Earl of Finlater; Earl of Leven; Earl of Northesk; Earl of Forfar; Earl of Kintore; Viscount Seafield S.; Viscount Tarbat; Lord Carmichaell S.; Lord Forbes; Lord Ross; Lord Ruthven; Lord Boyle; Lord President of Session; Lord Thesaurer Deput; Lord Justice-Clerk; Lord Aberuchill; Lord Halcraig; Mr Francis Montgomry; Laird of Grant.

Att Edinburgh The First day of January One Thousand Seven Hundered and one years1

A1701/1/12

Sederunt

His Majesties high Commissioner; Lord Chancellor; Earl of Argyle; Earl of Crafurd; Earl of Mar; Earl of Morton; Earl of Galloway; Earl of Lothian; Earl of Loudoun; Earl of Finlater; Earl of Leven; Earl of Northesk; Earl of Forfar; Earl of Kintore; Viscount Seafield S.; Viscount Tarbat; Lord Carmichaell S.; Lord Forbes; Lord Ross; Lord Ruthven; Lord Boyle; Lord President of Session; Lord Thesaurer Deput; Lord Justice-Clerk; Lord Aberuchill; Lord Halcraig; Mr Francis Montgomry; Laird of Grant.

1. NRS, PC1/52, 163.

2. NRS, PC1/52, 163.

1. NRS, PC1/52, 163.

2. NRS, PC1/52, 163.