Tag Archives: 11 March 1701

Act, 11 March 1701, Edinburgh

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Att Edinburgh The Eleventh day of March 1701

D1701/3/151

Act

Act The Managers of the Glassworks at Leith Dischargeing the Import of Forraigne botles emptie

Anent the petition given in and presented to the Lords of Her Majesties privie Councill by Alexander Ainslie for himself and pairtners of the Glasswork at Leith Humbly Shewing That where the saids Lords of privie Councill In favours of the said Glaswork did not only declare the same to be ane Manufactorie And to have all the priviledges therof But did farder by proclamation on the eight of october Jaj vjc Eighie nyn for the better encouragement of the said work strictly prohibit and discharge all Merchants and other persons whatsomever to Import and bring into this Kingdome from any place abroad any green Glas bottles Chimistrie and appothicarie Glasses under the pain of Confiscation In mainer mentioned in the said proclamation Notwithstanding wherof and that the petitioners make the saids Glasses to the satisfaction of all that use them and that now the Merchants have in obedience of the saids Lords said proclamation and acts of parliament wherupon it is founded Given over to Import any Glass Botles from abroad The Masters of the Glass manufactories in England Therupon of purpose to brake the petitioners trade Doe send in (by conneivance of Collectors, survyers, their waters and others as may appear to their Lordships by tuo severall instruments taken at Montrose wpon ane act of their Lordships for seizeing of ane quantitie of Botles there all produced) Great numbers of Botles to brake their trade and to undersel them to the ruin of their Manufactorie Reserveing if once they can Constrain the petitioners to give over not only to have the trade but what price they pleased and seeing that to prevent the said abuse never before practised It is Just and necessary (Especially when the petitioners have upon their hand no less then ane thousand pound sterling worth of made bottles and their work actually goeing) That stricter and more effectwall orders be given for their encouragement and good of the whole Kingdom Therfore Humbly Craveing the saids Lords not only to prohibit the Tacksmen of the Customes and their Collectors and servants to permitt and allow any entrie of the saids bottles under any Collour or pretext whatsoever But also to authorize all such as they shall Imploy for that effect To make search for and seizure of all Botles for sale from abroad offered to be Imported contrair to the forsaid proclamation and under the pains therinmentioned as also strictly to prohibit and Discharge all skippers Masters of shipps, Barks Boats or other vessells To Import or bring into this Kingdome from abroad the saids Botles under the pain of being punished as Transgressors of the Law of this Realme and Contemners of Her Majesties Authority And sicklyke to Command all sherriffs of sherriffdomes, Baillies of Baileries Regallities, and Burghs, Collectors, survyers, Waiters, and other Magistrats and officers whatsomever to give their Concurrence and assistance in the premisses As the said petition bears The Lords of His Majesties privie Councill Haveing considered the above petition given in to them by the said Alexander Ainslie and partners of the Glasswork at Leith They hearby prohibit The tacksmen of the Customes and their Collectors and servants to permitt or allow any Entrie of the above botles if they be Emptie under any Collour or pretext whatsomever and Authorizes the petitioner and his partners Masters of the Glasswork at Leith Themselves and such as they shall Imploy for that effect to make search for and seizure of all Emptie Botles for sale from abroad offered to be Imported contrary to the above proclamation and under the pains therin mentioned As also the saids Lords Doe heirby strictly prohibit and Discharge all skippers, Masters of ships, Boats Barks and other vessells to Import or bring in to this Kingdome from abroad the saids Emptie Botles under the pain of being punished as Trangressors of the Law of this Realme and Contemners of His Majesties authoritie And sicklyke The saids Lords Doe heirby Requyre all sherriffs of sherriffdomes Baillies of Barronies Regallities or Burghs Collectors Surveyers, Waiters, and other Magistrats or officers whatsomever To give their Concurrence and assistance on the premises and ordains these presents to be printed

Att Edinburgh The Eleventh day of March 1701

D1701/3/151

Act

Act The Managers of the Glassworks at Leith Dischargeing the Import of Forraigne botles emptie

Anent the petition given in and presented to the Lords of Her Majesties privie Councill by Alexander Ainslie for himself and pairtners of the Glasswork at Leith Humbly Shewing That where the saids Lords of privie Councill In favours of the said Glaswork did not only declare the same to be ane Manufactorie And to have all the priviledges therof But did farder by proclamation on the eight of october Jaj vjc Eighie nyn for the better encouragement of the said work strictly prohibit and discharge all Merchants and other persons whatsomever to Import and bring into this Kingdome from any place abroad any green Glas bottles Chimistrie and appothicarie Glasses under the pain of Confiscation In mainer mentioned in the said proclamation Notwithstanding wherof and that the petitioners make the saids Glasses to the satisfaction of all that use them and that now the Merchants have in obedience of the saids Lords said proclamation and acts of parliament wherupon it is founded Given over to Import any Glass Botles from abroad The Masters of the Glass manufactories in England Therupon of purpose to brake the petitioners trade Doe send in (by conneivance of Collectors, survyers, their waters and others as may appear to their Lordships by tuo severall instruments taken at Montrose wpon ane act of their Lordships for seizeing of ane quantitie of Botles there all produced) Great numbers of Botles to brake their trade and to undersel them to the ruin of their Manufactorie Reserveing if once they can Constrain the petitioners to give over not only to have the trade but what price they pleased and seeing that to prevent the said abuse never before practised It is Just and necessary (Especially when the petitioners have upon their hand no less then ane thousand pound sterling worth of made bottles and their work actually goeing) That stricter and more effectwall orders be given for their encouragement and good of the whole Kingdom Therfore Humbly Craveing the saids Lords not only to prohibit the Tacksmen of the Customes and their Collectors and servants to permitt and allow any entrie of the saids bottles under any Collour or pretext whatsoever But also to authorize all such as they shall Imploy for that effect To make search for and seizure of all Botles for sale from abroad offered to be Imported contrair to the forsaid proclamation and under the pains therinmentioned as also strictly to prohibit and Discharge all skippers Masters of shipps, Barks Boats or other vessells To Import or bring into this Kingdome from abroad the saids Botles under the pain of being punished as Transgressors of the Law of this Realme and Contemners of Her Majesties Authority And sicklyke to Command all sherriffs of sherriffdomes, Baillies of Baileries Regallities, and Burghs, Collectors, survyers, Waiters, and other Magistrats and officers whatsomever to give their Concurrence and assistance in the premisses As the said petition bears The Lords of His Majesties privie Councill Haveing considered the above petition given in to them by the said Alexander Ainslie and partners of the Glasswork at Leith They hearby prohibit The tacksmen of the Customes and their Collectors and servants to permitt or allow any Entrie of the above botles if they be Emptie under any Collour or pretext whatsomever and Authorizes the petitioner and his partners Masters of the Glasswork at Leith Themselves and such as they shall Imploy for that effect to make search for and seizure of all Emptie Botles for sale from abroad offered to be Imported contrary to the above proclamation and under the pains therin mentioned As also the saids Lords Doe heirby strictly prohibit and Discharge all skippers, Masters of ships, Boats Barks and other vessells to Import or bring in to this Kingdome from abroad the saids Emptie Botles under the pain of being punished as Trangressors of the Law of this Realme and Contemners of His Majesties authoritie And sicklyke The saids Lords Doe heirby Requyre all sherriffs of sherriffdomes Baillies of Barronies Regallities or Burghs Collectors Surveyers, Waiters, and other Magistrats or officers whatsomever To give their Concurrence and assistance on the premises and ordains these presents to be printed

1. NRS, PC2/28, 67v-68v.

1. NRS, PC2/28, 67v-68v.

Act, 11 March 1701, Edinburgh

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Att Edinburgh The Eleventh day of March 1701

D1701/3/141

Act

Act Mathias Partus and John Houstly ordaining their bond to be delivered up and stoping execution on a warrand against them

Anent the petition given in and presented to the Lords of His majesties privie Councill by Mathias Partus and John Huslie Merchants in Annan Humbly Shewing That where Mr John Sheppard Merchant in Whythaven in the Kingdom of England by a petition to the saids Lords on Tuesday last Craved a warrand for Imprisoning the petitioners for alleadged debts due to him which altho proceeding upon specious tho maliciously false grounds Their Lordships for the singularity of the case refused the Samen The said Sheppard haveing missed of this designe by this plain method Contryves another way to obtain it and to Colour this Malicious and imprecedented practice He gives in a new petition on Thursday last and makes only use of the name of the Bank of Scotland for which he was bound for the petitioners in the soume of six hundreth and sixtie pounds starling or therby altho at the same time they actually refused their Concurrence in respect they were otherwayes sufficiently secured Which last petition Their Lordships (Granted as to the Bank allenarly as their Lordships might yet remember) Yet notwithstanding such is the influences Sheppard hes had with the Clerks servants That he hes procured to be insert in the said warrand ane order to secure the petitioners in the next prison till they find sufficient Caution and suretie to underly the Law for the debts due and acclaimed for in them2 by the said Sheppard and make payment of the soumes should be decerned against them at his instance By the words of which warrand The petitioners seem yet to be in hazard to be throuen back in prison and as to which the petitioners only presumed to put their Lordships in mynd How as the refuseing of the said first bill Their Lordships were sufficiently convincd of the Injustice of the demand and that the like was never practised by any Nation to Imprison ane strainger or rather a Countryman who hes had, and had these severall years bypast his Domicilium at Annan with good and sufficient effects att the instance of any strainger whatsomever wpon pretence of debts not so much as constitute aither by wryt or sentence And seing that the petitionars have payed and satisfied the Bank and procured therfrom ane absolute discharge to the said Sheppard of the debts due by him for the petitioners and which Dishcharge they have consigned in my Lord Chancelors hands and found sufficient Bale to appear before the Lords of privie Councill this day and accordingly were ready when their Lordships pleased to call them Therfore Humblie Craveing to the effect aftermentioned As the said petition bears The Lords of Her Majesties privie Councill haveing considered the above petition given in to them by the above Mathias Partus and John Houslie with a Discharge by the Bank to Mr Sheppard with a Bond of presentation with a sufficient Bale both Mentioned in the petition And consigned in the Lord Chancelors hands and by his Lordship produced to the Board at Reading of the saids petition The saids Lords of His Majesties privie Councill Approves of what the Lord Chancelor hes done in this affair In granting libertie to the petitioners And ordains the discharge by the Bank to Mr Sheppard produced with the said petition to be Delivered up to the said Mr Sheppard and ordains the Bond of presentation with sufficient Baill to be delivered back to the said Mathias Partus to be made use of by them as they shall find convenient in time comeing And Discharges all furder execution wpon the said order of Committment.

Att Edinburgh The Eleventh day of March 1701

D1701/3/141

Act

Act Mathias Partus and John Houstly ordaining their bond to be delivered up and stoping execution on a warrand against them

Anent the petition given in and presented to the Lords of His majesties privie Councill by Mathias Partus and John Huslie Merchants in Annan Humbly Shewing That where Mr John Sheppard Merchant in Whythaven in the Kingdom of England by a petition to the saids Lords on Tuesday last Craved a warrand for Imprisoning the petitioners for alleadged debts due to him which altho proceeding upon specious tho maliciously false grounds Their Lordships for the singularity of the case refused the Samen The said Sheppard haveing missed of this designe by this plain method Contryves another way to obtain it and to Colour this Malicious and imprecedented practice He gives in a new petition on Thursday last and makes only use of the name of the Bank of Scotland for which he was bound for the petitioners in the soume of six hundreth and sixtie pounds starling or therby altho at the same time they actually refused their Concurrence in respect they were otherwayes sufficiently secured Which last petition Their Lordships (Granted as to the Bank allenarly as their Lordships might yet remember) Yet notwithstanding such is the influences Sheppard hes had with the Clerks servants That he hes procured to be insert in the said warrand ane order to secure the petitioners in the next prison till they find sufficient Caution and suretie to underly the Law for the debts due and acclaimed for in them2 by the said Sheppard and make payment of the soumes should be decerned against them at his instance By the words of which warrand The petitioners seem yet to be in hazard to be throuen back in prison and as to which the petitioners only presumed to put their Lordships in mynd How as the refuseing of the said first bill Their Lordships were sufficiently convincd of the Injustice of the demand and that the like was never practised by any Nation to Imprison ane strainger or rather a Countryman who hes had, and had these severall years bypast his Domicilium at Annan with good and sufficient effects att the instance of any strainger whatsomever wpon pretence of debts not so much as constitute aither by wryt or sentence And seing that the petitionars have payed and satisfied the Bank and procured therfrom ane absolute discharge to the said Sheppard of the debts due by him for the petitioners and which Dishcharge they have consigned in my Lord Chancelors hands and found sufficient Bale to appear before the Lords of privie Councill this day and accordingly were ready when their Lordships pleased to call them Therfore Humblie Craveing to the effect aftermentioned As the said petition bears The Lords of Her Majesties privie Councill haveing considered the above petition given in to them by the above Mathias Partus and John Houslie with a Discharge by the Bank to Mr Sheppard with a Bond of presentation with a sufficient Bale both Mentioned in the petition And consigned in the Lord Chancelors hands and by his Lordship produced to the Board at Reading of the saids petition The saids Lords of His Majesties privie Councill Approves of what the Lord Chancelor hes done in this affair In granting libertie to the petitioners And ordains the discharge by the Bank to Mr Sheppard produced with the said petition to be Delivered up to the said Mr Sheppard and ordains the Bond of presentation with sufficient Baill to be delivered back to the said Mathias Partus to be made use of by them as they shall find convenient in time comeing And Discharges all furder execution wpon the said order of Committment.

1. NRS, PC2/28, 66v-67v.

2. Correction makes ‘for in them’ unclear.

1. NRS, PC2/28, 66v-67v.

2. Correction makes ‘for in them’ unclear.

Sederunt, 11 March 1701, Edinburgh

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Att Edinburgh The Eleventh day of March 17011

D1701/3/132

Sederunt

Lord Chancelor; Earl of Leven; Earl of Anandale; Earl of Forfar; Viscount Tarbat; Lord Forbes; Lord Advocat; Lord Thesaurer deput; Lord Justice Clerk; Lord Aberuchill; Lord Halcraig; Lord Phesdo; Mr Frances Montgomry; Lord provost of Edinburgh

Att Edinburgh The Eleventh day of March 17011

D1701/3/132

Sederunt

Lord Chancelor; Earl of Leven; Earl of Anandale; Earl of Forfar; Viscount Tarbat; Lord Forbes; Lord Advocat; Lord Thesaurer deput; Lord Justice Clerk; Lord Aberuchill; Lord Halcraig; Lord Phesdo; Mr Frances Montgomry; Lord provost of Edinburgh

1. NRS, PC2/28, 66v.

2. NRS, PC2/28, 66v.

1. NRS, PC2/28, 66v.

2. NRS, PC2/28, 66v.

Procedure, 11 March 1701, Edinburgh

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Att Edinburgh The Eleventh day of March Jaj viic and one years

A1701/3/111

Procedure

The Lord Advocat, allowed to speak with Brody or Culloden anent the Earle of Seaforth and his Sister

Sir James Stewart His Majesties Advocat, having acquaint the Lords of His Majestys Privy Councill, That he was ordered by their Lordships to wryte a lyne for putting the Earle of Seaforth and his sister in the hands of the Laird of Caddell, And that now his Lordship is Informed, It will be most acceptable to the friends That they be put in the hands of the Laird of Brody or the Laird of Culloden, upon this the saids Lords allowed His Majesties Advocat to speak with either of the saids Lords if they be in Town.

Att Edinburgh The Eleventh day of March Jaj viic and one years

A1701/3/111

Procedure

The Lord Advocat, allowed to speak with Brody or Culloden anent the Earle of Seaforth and his Sister

Sir James Stewart His Majesties Advocat, having acquaint the Lords of His Majestys Privy Councill, That he was ordered by their Lordships to wryte a lyne for putting the Earle of Seaforth and his sister in the hands of the Laird of Caddell, And that now his Lordship is Informed, It will be most acceptable to the friends That they be put in the hands of the Laird of Brody or the Laird of Culloden, upon this the saids Lords allowed His Majesties Advocat to speak with either of the saids Lords if they be in Town.

1. NRS, PC1/52, 192.

1. NRS, PC1/52, 192.

Sederunt, 11 March 1701, Edinburgh

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Att Edinburgh The Eleventh day of March Jaj viic and one years1

A1701/3/102

Sederunt

Lord Chancellor; Earl of Leven; Earl of Annandale; Viscount Tarbat; Lord Forbes; Lord Advocat; Lord Thesaurer Depute; Lord Justice Clerk; Lord Aberuchill; Lord Halcraig; Lord Crosrigg; Lord Phesdoe; Mr Fr: Montgomry; Lord Provost of Edinburgh

Att Edinburgh The Eleventh day of March Jaj viic and one years1

A1701/3/102

Sederunt

Lord Chancellor; Earl of Leven; Earl of Annandale; Viscount Tarbat; Lord Forbes; Lord Advocat; Lord Thesaurer Depute; Lord Justice Clerk; Lord Aberuchill; Lord Halcraig; Lord Crosrigg; Lord Phesdoe; Mr Fr: Montgomry; Lord Provost of Edinburgh

1. NRS, PC1/52, 192.

2. NRS, PC1/52, 192.

1. NRS, PC1/52, 192.

2. NRS, PC1/52, 192.