Tag Archives: 14 February 1699

Act, 14 February 1699, Edinburgh

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Edinburgh The Fourteinth day of February Jaj vic Nyntie Nyne

D1699/2/101

Act

Act Jean Gordon relict of Knockgray

Anent the Petition given in to the Lords of his Majesties privy Councill be Jean Gordon relict of the deceast Alexander Gordon of Knockgray Sheweth That wher the petitioners husband being in the late rigne forfaulted for being at Bothwell bridge, and haveing since the happy revolutione gone over Cheerfully to Flanders in his Majesties Service was billed at the seidge of Namure, and So has left the petitioner Nyne Childrein behind him in very hard Circumstances, And that the petitioner by Contrast of mariadge betwixt her and her husband Stands infeft in ane yearly annualrent of Two hundred and Fiftie merks payable out of her husbands estate as her Sasine herewith testifies. Bot by reason that the petitioners husband had severall Creditors and wher the petitioner offered to seek her yearly Annuity from the tenents They Suspended the Same upon Double distress as appears by the Sumonds of Multiply poynding and Suspension also therwith produced Wher throw the petitioner is altogither frustrat of her and her poor families Maintainance, and She being ane poor Woman, And has not wherupon to discuss the forsaid Suspensione, and it being ordinar for the saids Lords to grant aliements to Widows It was Therfore humbly Craved that the saids Lords would grant the petitioner ane Competent aliement as a Subsistance to her and her poor family as is ordinar in the Like cases As the petitione bears The Lords of his Majesties privy Councill Haveing Considered the above petitione given in to them be the above Jean Gordon relict of Alexander Gordon of Knockgray, and petition be way of answer therto by the Creditors, They hereby Recomend to the Lords Commissioners of his Majesties thesaury to make tryall if the said Alexander Gordon of Knockgray was billed in his majesties service at Namure, And if they Find that he was killed, Then Recommends to their Lordships to modifie to his relict such a Soume as their Lordships Shall think fitt for her present Subsistance, And in the mean time Leaves the said Widdow to pursue for ane yearly aliement or her Joynture before the Judge Ordinary as accords in Law.

Edinburgh The Fourteinth day of February Jaj vic Nyntie Nyne

D1699/2/101

Act

Act Jean Gordon relict of Knockgray

Anent the Petition given in to the Lords of his Majesties privy Councill be Jean Gordon relict of the deceast Alexander Gordon of Knockgray Sheweth That wher the petitioners husband being in the late rigne forfaulted for being at Bothwell bridge, and haveing since the happy revolutione gone over Cheerfully to Flanders in his Majesties Service was billed at the seidge of Namure, and So has left the petitioner Nyne Childrein behind him in very hard Circumstances, And that the petitioner by Contrast of mariadge betwixt her and her husband Stands infeft in ane yearly annualrent of Two hundred and Fiftie merks payable out of her husbands estate as her Sasine herewith testifies. Bot by reason that the petitioners husband had severall Creditors and wher the petitioner offered to seek her yearly Annuity from the tenents They Suspended the Same upon Double distress as appears by the Sumonds of Multiply poynding and Suspension also therwith produced Wher throw the petitioner is altogither frustrat of her and her poor families Maintainance, and She being ane poor Woman, And has not wherupon to discuss the forsaid Suspensione, and it being ordinar for the saids Lords to grant aliements to Widows It was Therfore humbly Craved that the saids Lords would grant the petitioner ane Competent aliement as a Subsistance to her and her poor family as is ordinar in the Like cases As the petitione bears The Lords of his Majesties privy Councill Haveing Considered the above petitione given in to them be the above Jean Gordon relict of Alexander Gordon of Knockgray, and petition be way of answer therto by the Creditors, They hereby Recomend to the Lords Commissioners of his Majesties thesaury to make tryall if the said Alexander Gordon of Knockgray was billed in his majesties service at Namure, And if they Find that he was killed, Then Recommends to their Lordships to modifie to his relict such a Soume as their Lordships Shall think fitt for her present Subsistance, And in the mean time Leaves the said Widdow to pursue for ane yearly aliement or her Joynture before the Judge Ordinary as accords in Law.

1. NRS, PC2/27, 191r-192v.

1. NRS, PC2/27, 191r-192v.

Act, 14 February 1699, Edinburgh

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Edinburgh The Fourteinth day of February Jaj vic Nyntie Nyne

D1699/2/91

Act

Act Forbes of Foveraigne against Brown

Anent the petition given in to the Lord of his Majesties privy Councill be Samuell Forbes of Foveraigne, Shewing That wher the saids Lords hade once Suspended the letters Simpliciter as to the four hundred merks Condescended on to have been in Browns Chist, and that most Justly It being a part of the fang found with him upon the discoverie in the search made at his own Importimity, yet upon a new bill given in by Brown the saids Lords Have Found the Letters orderly proceeded as to the said Four Hundred merks upon no other ground, Bot that Brown alledged that that money was his own fathers And the petitioner haveing hitherto foreborn to trouble the saids Lords by speaking to their Lordships in so minute and sordid a matter Confiding allwayes in the petitioners Innocency and the saids Lords Justice and Continueing the petitioners purpose as yet, not to trouble the saids Lords with any particular application Bot Considering that it is the intrest and safety of all masters that the honor and reverence due to a masters name be not So much trampled upon by the insolency and villainy of a Servant, and especially of Such a servant allready Condeimned by the saids Lords for most abominable falsehoods Did Therfore humbly represent to the saids Lords this Last reason as it was hoped would make it evident that the Letters ought to be suspended Simpliciter or at least Caution farder found then by the late interloquitor is yet appointed And primo no Stress could be Laid upon Such words uttured by Brown as to the four hundred merks being his fathers It being a Comon and true proverb, That he who will Steall will Likewayes Lye. And Suppose it were Credible that the money had been Browns fathers as it was incredible, since it was notour in all that Countrey, That the man hade never So much Spare money in his life, Yet Brown Saying so, Is no probation that it was So; And therfore needs some other Testimony then his oun words Secundo It was offered to be2 made appear by Craigies deposition that these words of Brown are really false, Because his father was Still in such Condition That he Rather to get from them was able to gett from his sone, Tertio Craigies deposition does clear that Brown himself Confest a part of the money to have been the petitioners, and farder that in the end he confessed all to be the petitioners By these words; Take all and keep all for all is yours only give me a discharge. Quarto Suppose that some Stress were to be Laid even upon Brownds words, yet the petitioner ought to have Compensation upon a Liquid debt of Six hundred merks most Justly Decerned against him by the saids Lords For it were very hard to ordaine the petitioner to give to Brown what he had not proven to be due to him, Bot by his oun words And not to allow the petitioner Compensation of a liquid debt most Justly Decerned by the saids Lords as said is Quinto Broun haveing Confessed before the saids Lords that ther was a proces for thift, depending against him before the Shirreff depute of Aberdeen alse weell as ane Compt and reckoning It seems hard that the petitioner Should be decerned to restore the Fang and Imbazled goods to the theif and Imbazler before the event of the said proces It being humbly Supposed that at Least the theif and Imbazler ought to be appointed to find Caution to appear and answer in the said proces of theift, and to pay damnadges and to clear his accompts, and to pay what damnadge shall be decerned against him as weell as to restore the four hundred merks For otherwayes the petitioner might come to be a Loser in more then four thousand merks Considering the falsenes of his accompts and greatnes of his Imbazlments wherof the discovery was only a Scratch It being more then Credible and already talked that if he get the four hundred merks in his hands he will flee the Countrey and goe amongst other people wher he may more Conveniently re act his former villanies And farder It being Impossible for the petitioner (now necessarly at the place) to deliver up a Chist to Brown at Foverain Which Chist the petitioner never Seazed and wherof the petitioner never handled the key which he has to this day keeped and only treacherously left the Chist at the petitioners house And Therfore Humbly Craveing the saids Lords would be pleased to Suspend the Letters Simpliciter esto the four hundred merks, and by reasone of the falshoods proven already against Brown and the saids Lords most Just decreet therupon, To appoint him to find Caution to answer to the said proces of theift Which the Shirreff hath hitherto neglected to Cause him doe, and Likewayes to appoint him to find Caution to pay damnadges and the balance of accompts of the six hundred merks Decerned by the saids Lords oun decreet, as also to declare that the petitioners giveing ane wryten order to the petitioners servants at Foveraine to allow Brown Access to the petitioners house and to take out his Chist which he so treacherously left ther shall be sufficient and due obedience given by the petitioner to the saids Lords interloquitor as to that point It being all that is possible for the petitioner to doe at this distance the petitioner being so necessary here at the time The Lords of his Majesties privy Councill haveing Considered this petition given in to them be Samuell Forbes of Foveraigne and petitione be way answer made be James Brown Sone to Patrick Brown in Ithsie to the Samen They hereby adhere to their former interloquitor pronounced by them upon the fifth day of July last by past, And Ordaines the Clerks of Councill to give to the said James Brown ane extract of the forsaid interloquitor with this alteratione or additione That the Said James Brown Shall have free access to his Chist in the said Lord of Foveraigne his house and to transport the same to what other place he pleases and to dispose therupon and upon what is therin at his pleasure Which is to be full and due obedience to that point of the former interloquitor.

Edinburgh The Fourteinth day of February Jaj vic Nyntie Nyne

D1699/2/91

Act

Act Forbes of Foveraigne against Brown

Anent the petition given in to the Lord of his Majesties privy Councill be Samuell Forbes of Foveraigne, Shewing That wher the saids Lords hade once Suspended the letters Simpliciter as to the four hundred merks Condescended on to have been in Browns Chist, and that most Justly It being a part of the fang found with him upon the discoverie in the search made at his own Importimity, yet upon a new bill given in by Brown the saids Lords Have Found the Letters orderly proceeded as to the said Four Hundred merks upon no other ground, Bot that Brown alledged that that money was his own fathers And the petitioner haveing hitherto foreborn to trouble the saids Lords by speaking to their Lordships in so minute and sordid a matter Confiding allwayes in the petitioners Innocency and the saids Lords Justice and Continueing the petitioners purpose as yet, not to trouble the saids Lords with any particular application Bot Considering that it is the intrest and safety of all masters that the honor and reverence due to a masters name be not So much trampled upon by the insolency and villainy of a Servant, and especially of Such a servant allready Condeimned by the saids Lords for most abominable falsehoods Did Therfore humbly represent to the saids Lords this Last reason as it was hoped would make it evident that the Letters ought to be suspended Simpliciter or at least Caution farder found then by the late interloquitor is yet appointed And primo no Stress could be Laid upon Such words uttured by Brown as to the four hundred merks being his fathers It being a Comon and true proverb, That he who will Steall will Likewayes Lye. And Suppose it were Credible that the money had been Browns fathers as it was incredible, since it was notour in all that Countrey, That the man hade never So much Spare money in his life, Yet Brown Saying so, Is no probation that it was So; And therfore needs some other Testimony then his oun words Secundo It was offered to be2 made appear by Craigies deposition that these words of Brown are really false, Because his father was Still in such Condition That he Rather to get from them was able to gett from his sone, Tertio Craigies deposition does clear that Brown himself Confest a part of the money to have been the petitioners, and farder that in the end he confessed all to be the petitioners By these words; Take all and keep all for all is yours only give me a discharge. Quarto Suppose that some Stress were to be Laid even upon Brownds words, yet the petitioner ought to have Compensation upon a Liquid debt of Six hundred merks most Justly Decerned against him by the saids Lords For it were very hard to ordaine the petitioner to give to Brown what he had not proven to be due to him, Bot by his oun words And not to allow the petitioner Compensation of a liquid debt most Justly Decerned by the saids Lords as said is Quinto Broun haveing Confessed before the saids Lords that ther was a proces for thift, depending against him before the Shirreff depute of Aberdeen alse weell as ane Compt and reckoning It seems hard that the petitioner Should be decerned to restore the Fang and Imbazled goods to the theif and Imbazler before the event of the said proces It being humbly Supposed that at Least the theif and Imbazler ought to be appointed to find Caution to appear and answer in the said proces of theift, and to pay damnadges and to clear his accompts, and to pay what damnadge shall be decerned against him as weell as to restore the four hundred merks For otherwayes the petitioner might come to be a Loser in more then four thousand merks Considering the falsenes of his accompts and greatnes of his Imbazlments wherof the discovery was only a Scratch It being more then Credible and already talked that if he get the four hundred merks in his hands he will flee the Countrey and goe amongst other people wher he may more Conveniently re act his former villanies And farder It being Impossible for the petitioner (now necessarly at the place) to deliver up a Chist to Brown at Foverain Which Chist the petitioner never Seazed and wherof the petitioner never handled the key which he has to this day keeped and only treacherously left the Chist at the petitioners house And Therfore Humbly Craveing the saids Lords would be pleased to Suspend the Letters Simpliciter esto the four hundred merks, and by reasone of the falshoods proven already against Brown and the saids Lords most Just decreet therupon, To appoint him to find Caution to answer to the said proces of theift Which the Shirreff hath hitherto neglected to Cause him doe, and Likewayes to appoint him to find Caution to pay damnadges and the balance of accompts of the six hundred merks Decerned by the saids Lords oun decreet, as also to declare that the petitioners giveing ane wryten order to the petitioners servants at Foveraine to allow Brown Access to the petitioners house and to take out his Chist which he so treacherously left ther shall be sufficient and due obedience given by the petitioner to the saids Lords interloquitor as to that point It being all that is possible for the petitioner to doe at this distance the petitioner being so necessary here at the time The Lords of his Majesties privy Councill haveing Considered this petition given in to them be Samuell Forbes of Foveraigne and petitione be way answer made be James Brown Sone to Patrick Brown in Ithsie to the Samen They hereby adhere to their former interloquitor pronounced by them upon the fifth day of July last by past, And Ordaines the Clerks of Councill to give to the said James Brown ane extract of the forsaid interloquitor with this alteratione or additione That the Said James Brown Shall have free access to his Chist in the said Lord of Foveraigne his house and to transport the same to what other place he pleases and to dispose therupon and upon what is therin at his pleasure Which is to be full and due obedience to that point of the former interloquitor.

1. NRS, PC2/27, 189v-191r.

2. The word ‘proven’ scored out here.

1. NRS, PC2/27, 189v-191r.

2. The word ‘proven’ scored out here.

Sederunt, 14 February 1699, Edinburgh

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Edinburgh The Fourteinth day of February Jaj vic Nyntie Nyne1

D1699/2/82

Sederunt

Lord Chancelor; Earl of Argyll; Earl of Marr; Earl of Lauderdale; Earl of Lowdone; Earl of Northesk; Lord Strathnaver; Lord Jedburgh; Lord Pollwarth; Lord Carmicheall; Lord Ross; Lord Boyle; Lord Advocat; Lord Justice Clerk; Lord Philiphaugh; Mr Fr: Montgomry; Laird of Pollock

Edinburgh The Fourteinth day of February Jaj vic Nyntie Nyne1

D1699/2/82

Sederunt

Lord Chancelor; Earl of Argyll; Earl of Marr; Earl of Lauderdale; Earl of Lowdone; Earl of Northesk; Lord Strathnaver; Lord Jedburgh; Lord Pollwarth; Lord Carmicheall; Lord Ross; Lord Boyle; Lord Advocat; Lord Justice Clerk; Lord Philiphaugh; Mr Fr: Montgomry; Laird of Pollock

1. NRS, PC2/27, 189v.

2. NRS, PC2/27, 189v.

1. NRS, PC2/27, 189v.

2. NRS, PC2/27, 189v.

Act, 14 February 1699, Edinburgh

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Att Edinburgh The Fourteenth day of February Jaj vjc nynty and nyne years

A1699/2/221

Act

Act Allowing Andrew Sympson to Transport some persons to the West Indies

Anent the Petition given in To the Lords of his Majesties privy Councill By Andrew Simpson merchant of the good ship called the Reward, and Sir William Binning of Walifoord, Sir James Oswald of of2 Fingletoun, John Geils, John Hepburn merchants in Edinburgh and Remanent partners of the said ship. Shewing That their petitioners having Bought the forsaid ship from the Stocks in England, when she was built of purpose to manadge a Trade from this Countrey to the West Indies with the greater Liberty and advantage to our Countrey, did provide and ship aboard, about the beginning of November last all manner of provisiones necessar for that voyage and for Transporting the number of Eighty Servants, whom they have Ingadged, Cloathed and Ever Since Entertained at very great Expense, And being ready to saill upon the forsaid Voyage from the Road of Leith, They were Surprised by ane order from their Lordships, dischargeing any persons whatsomever To Export any Servants from this Kingdom to the plantations of forraigners in the West Indies without their Lordships Licence. However being Resolved to give due and Entire Submission to their Lordships orders, They in all humility crave Liberty To Represent to their Lordships, That it is noe ways to the prejudice of this Kingdom, To allow their Exporting the few servants they have Ingadged, who were rather a burden then a benefite to the nation, and did most willingly Engadge and continue desireous to go in this Voyage, as being under ane absolute necessity to seek their Bread and Subsistance Else where then at home, as they will be ready to declare before any of their Lordships Number to whom it shall be Recommended to Examine them, And that they neither were nor are Seduced Nor Compelled And before which Committee they are ready to Satisfie their Lordships by the Indentures Entered into with the saids servants, That they are only to be disposed of for a few years to Scots English and Irish planters and none Else, And seing they are all natives of Scotland and to Report the Returnes of this Cargo to this Kingdom for the Benefite of its trade, As Likeways that their Lordships have been Graciously pleased, To grant Liberty to others, both strangers and natives their Circumstances to proceed in their voyage, And That this point of Trade was not heirtofore Either discharged or discouraged. as Likeways the Loss and Expense, They should now Sustain and Incurr, would go near to Ruine the master and severall of the owners, And for satisfieing of their Lordships of their good and Sufficient Caution and Security, That the saids servants shall be disposed of in manner forsaid and no other ways. And Therfore Humbly craving their Lordships would be pleased in Consideration of the premises, To allow their petitioners to proceed in their Voyage to the West-Indies, and carry with them the forsaids servants And to discharge all magistrats, Collectors, waiters and others to stop, hinder, or molest them in prosecuting of the forsaid Voyage, upon pretence of their Lordships former order and proclamation or any other way whatsoever: And if their Lordships find it needfull, That some of their Lordships Number, be likeways appointed to Examine the saids servants, before they be shipped aboard, with power to them to dismiss such of them, as they find Seduced Compelled or not willing to go, and upon their finding Caution to the Effect abovementioned. as the said petition bears. The Saids Lords of his majesties privy Councill, having Considered this petition given in to them, be the within Andrew Sympson. Sir Wiliam Binning. Sir James Oswald John Geils, and John Hepburne partners of the within ship They heirby allow the petitioners to proceed in their voyage to the West-Indies, and to carry with them the within number of Fourscore servants. And discharges all magistrats Collectors waiters and others to Stop, hinder or molest the petitioners In prosecuting of the forsaid Voyage, upon pretence of any former order or proclamation of Councill or any otherways whatsoever The petitioners first before undertaking of the forsaid voyage Taking aboard into their forsaid ship, all such persons as Sir James Stewart, his majesties Advocate, his order from the Councill to send with them, to the plantations, And the said Andrew Simpson Instantly giving Bond and finding Sufficient Caution acted in the books of privy Councill, That he shall carry alongst with him the hail persons, whom the Councill hes appointed to be transported to the plantations. And That he shall maintain the saids hail forsaids persons in the prisons where they now lye in meat and drink at a groat per peice Each day from the day and date heirof untill they be Imbarked into his Ship. And That he shall maintain them in meat and drink in his said ship, during the hail voyadge, till they be Landed in the West-Indies, under the penalty of five Hundered merks Scots money In caice he shall transgress in any pairt of the premises. And nominates and appoints the Earle of Northesk, Lord Strathnaver Lord Polwarth, Lord Boyle to be a Committee for Examineing the saids fourscore Servants before they be Shipped aboard, whether They be willingly Engadged or if they be Seduced or Compelled with power to the said Committee or their quorum to dismiss such of the saids servants as they shall find seduced Compelled or not willing to goe. And declaires any Two of the said Committee to be a sufficient quorum. And ordains the said Andrew Sympson, master of the said Ship, To give Bond and find Sufficient caution acted in the Books of privy Councill, That the saids fourscore servants forsaids shall only be disposed off for a few years to Scots English and Irish planters and none Else under the penalty of ane Hundred pounds sterling in caice of failzie. Caution found.

Att Edinburgh The Fourteenth day of February Jaj vjc nynty and nyne years

A1699/2/221

Act

Act Allowing Andrew Sympson to Transport some persons to the West Indies

Anent the Petition given in To the Lords of his Majesties privy Councill By Andrew Simpson merchant of the good ship called the Reward, and Sir William Binning of Walifoord, Sir James Oswald of of2 Fingletoun, John Geils, John Hepburn merchants in Edinburgh and Remanent partners of the said ship. Shewing That their petitioners having Bought the forsaid ship from the Stocks in England, when she was built of purpose to manadge a Trade from this Countrey to the West Indies with the greater Liberty and advantage to our Countrey, did provide and ship aboard, about the beginning of November last all manner of provisiones necessar for that voyage and for Transporting the number of Eighty Servants, whom they have Ingadged, Cloathed and Ever Since Entertained at very great Expense, And being ready to saill upon the forsaid Voyage from the Road of Leith, They were Surprised by ane order from their Lordships, dischargeing any persons whatsomever To Export any Servants from this Kingdom to the plantations of forraigners in the West Indies without their Lordships Licence. However being Resolved to give due and Entire Submission to their Lordships orders, They in all humility crave Liberty To Represent to their Lordships, That it is noe ways to the prejudice of this Kingdom, To allow their Exporting the few servants they have Ingadged, who were rather a burden then a benefite to the nation, and did most willingly Engadge and continue desireous to go in this Voyage, as being under ane absolute necessity to seek their Bread and Subsistance Else where then at home, as they will be ready to declare before any of their Lordships Number to whom it shall be Recommended to Examine them, And that they neither were nor are Seduced Nor Compelled And before which Committee they are ready to Satisfie their Lordships by the Indentures Entered into with the saids servants, That they are only to be disposed of for a few years to Scots English and Irish planters and none Else, And seing they are all natives of Scotland and to Report the Returnes of this Cargo to this Kingdom for the Benefite of its trade, As Likeways that their Lordships have been Graciously pleased, To grant Liberty to others, both strangers and natives their Circumstances to proceed in their voyage, And That this point of Trade was not heirtofore Either discharged or discouraged. as Likeways the Loss and Expense, They should now Sustain and Incurr, would go near to Ruine the master and severall of the owners, And for satisfieing of their Lordships of their good and Sufficient Caution and Security, That the saids servants shall be disposed of in manner forsaid and no other ways. And Therfore Humbly craving their Lordships would be pleased in Consideration of the premises, To allow their petitioners to proceed in their Voyage to the West-Indies, and carry with them the forsaids servants And to discharge all magistrats, Collectors, waiters and others to stop, hinder, or molest them in prosecuting of the forsaid Voyage, upon pretence of their Lordships former order and proclamation or any other way whatsoever: And if their Lordships find it needfull, That some of their Lordships Number, be likeways appointed to Examine the saids servants, before they be shipped aboard, with power to them to dismiss such of them, as they find Seduced Compelled or not willing to go, and upon their finding Caution to the Effect abovementioned. as the said petition bears. The Saids Lords of his majesties privy Councill, having Considered this petition given in to them, be the within Andrew Sympson. Sir Wiliam Binning. Sir James Oswald John Geils, and John Hepburne partners of the within ship They heirby allow the petitioners to proceed in their voyage to the West-Indies, and to carry with them the within number of Fourscore servants. And discharges all magistrats Collectors waiters and others to Stop, hinder or molest the petitioners In prosecuting of the forsaid Voyage, upon pretence of any former order or proclamation of Councill or any otherways whatsoever The petitioners first before undertaking of the forsaid voyage Taking aboard into their forsaid ship, all such persons as Sir James Stewart, his majesties Advocate, his order from the Councill to send with them, to the plantations, And the said Andrew Simpson Instantly giving Bond and finding Sufficient Caution acted in the books of privy Councill, That he shall carry alongst with him the hail persons, whom the Councill hes appointed to be transported to the plantations. And That he shall maintain the saids hail forsaids persons in the prisons where they now lye in meat and drink at a groat per peice Each day from the day and date heirof untill they be Imbarked into his Ship. And That he shall maintain them in meat and drink in his said ship, during the hail voyadge, till they be Landed in the West-Indies, under the penalty of five Hundered merks Scots money In caice he shall transgress in any pairt of the premises. And nominates and appoints the Earle of Northesk, Lord Strathnaver Lord Polwarth, Lord Boyle to be a Committee for Examineing the saids fourscore Servants before they be Shipped aboard, whether They be willingly Engadged or if they be Seduced or Compelled with power to the said Committee or their quorum to dismiss such of the saids servants as they shall find seduced Compelled or not willing to goe. And declaires any Two of the said Committee to be a sufficient quorum. And ordains the said Andrew Sympson, master of the said Ship, To give Bond and find Sufficient caution acted in the Books of privy Councill, That the saids fourscore servants forsaids shall only be disposed off for a few years to Scots English and Irish planters and none Else under the penalty of ane Hundred pounds sterling in caice of failzie. Caution found.

1. NRS, PC1/51, 538-40.

2. Sic.

1. NRS, PC1/51, 538-40.

2. Sic.

Procedure, 14 February 1699, Edinburgh

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Att Edinburgh The Fourteenth day of February Jaj vjc nynty and nyne years

A1699/2/211

Procedure

Commission To the Earle of Mar To be Captain of his Majesties Company in garrison in Stirling Castle

Follows The Earle of Mars Commission To be Captain of his Majesties Company in Garrison In Stirling Castle
Sic Supra Scribitur William Rex
William By The Grace of God King of Scotland England France and Ireland Defender of the faith etc To our Right Trusty and Right welbeloved Cousin and Councellor John Earle of Mar Greeting Wee Reposeing Special Trust and Confidence in your Loyalty Courage and good Conduct Having nominated Constituted and appointed And by These presents doe nominate Constitute and appoint yow during our Royall pleasure only, To be Captain of that our Company of foot In Garrison in our Castle of Stirling formerly commanded by Livetenant Collonell John Erskine, yow are Therfore Carefully and diligently To discharge The duty of Captain of the said Company by Exerciseing the same in arms both officers and Souldiers and keeping them in good order and discipline And wee doe heirby Require them To obey yow as their Captain, And your self likeways to observe Exactly and follow all such orders directions and Commands as yow shall Receave from tyme to tyme from us or our privie Councill of that our Kingdom, in pursuance of the speciall Trust which wee heirby Repose in yow. Given under our Royall Hand and Signet at our Court att Kensingtoune The Thretty first of January 1698/9 and of our Reign the Tenth year. By his majesties Command Seafield.

Att Edinburgh The Fourteenth day of February Jaj vjc nynty and nyne years

A1699/2/211

Procedure

Commission To the Earle of Mar To be Captain of his Majesties Company in garrison in Stirling Castle

Follows The Earle of Mars Commission To be Captain of his Majesties Company in Garrison In Stirling Castle
Sic Supra Scribitur William Rex
William By The Grace of God King of Scotland England France and Ireland Defender of the faith etc To our Right Trusty and Right welbeloved Cousin and Councellor John Earle of Mar Greeting Wee Reposeing Special Trust and Confidence in your Loyalty Courage and good Conduct Having nominated Constituted and appointed And by These presents doe nominate Constitute and appoint yow during our Royall pleasure only, To be Captain of that our Company of foot In Garrison in our Castle of Stirling formerly commanded by Livetenant Collonell John Erskine, yow are Therfore Carefully and diligently To discharge The duty of Captain of the said Company by Exerciseing the same in arms both officers and Souldiers and keeping them in good order and discipline And wee doe heirby Require them To obey yow as their Captain, And your self likeways to observe Exactly and follow all such orders directions and Commands as yow shall Receave from tyme to tyme from us or our privie Councill of that our Kingdom, in pursuance of the speciall Trust which wee heirby Repose in yow. Given under our Royall Hand and Signet at our Court att Kensingtoune The Thretty first of January 1698/9 and of our Reign the Tenth year. By his majesties Command Seafield.

1. NRS, PC1/51, 537-8.

1. NRS, PC1/51, 537-8.

Procedure, 14 February 1699, Edinburgh

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A1699/2/201

Procedure

Commission To Sir John Maxwell of Pollock to be Lord Justice-Clerk

Follows The Tenor of Sir John Maxwell of Pollocks Commission To be Lord Justice-Clerk
Gulielmus Dei gratia Magnae Brittaniae Franciae et Hiberniae Rex fideique defensor, Omnibus probis Hominibus suis ad quos praesentes literae nostrae pervenerint Salutem Quando quidem nos regio nostro animo perpendentes per Commisionem fidelissimo et dilectissimo nostro Conciliario Adamo Cockburne de Ormistoune de officio Thesaurarii nostri Deputati antiquae nostri regni Scotiae munus et officium Justitiarii nostri Clerici in dicto regno nostro in manibus nostris vaccare et ad donatiomen2 et dispositionem nostram existere et nos abunde satisfacti de fidelitate et Integritate fidelissimi et dilectissimi nostri Conciliarii Domini Joannis Maxwell de Pollock militis Barronetae ejusque sedulitate diligentia aliisque praeclaris facultatibus unde usquequaque est Idoneus pro exercendo munere et officio antedicto. Noveritis igitur nos nominasse fecisse Constituisse et ordinasse Tenoreque praesentium nominare facere Constituere et ordinare Eundem Dominum Joannem Maxwell de Pollock durante nostro beneplacito duntaxat Nostrum Justiciarium Clericum Dando et Concedendo praefato Domino Joanni Maxwell durante spatio antedicto dictum munus et officium Justiciarii Clerici Cum omnibus Honoribus priviledgiis Immunitatibus feodis proficuis et Casualitatibus quibus eo spectantibus per eum tam plenarie et libere in quovis Respectu et Conditione, Gaudendum et possidendum ac dictus Adamus Cockburne de Ormistoune vel quivis alii ejus in dicto officio antecessores eodem gavi si3 sunt seu gaudere potuissent, In Cujus Rei Testimonium praesentibus Magnum Sigillum nostrum appendi praecipimus Apud Aulam nostram de Kensingtoune Sexto die mensis Februarii anno domini milesimo sexcentesimo nonogesimo nono et anno regni nostri decimo. Per Signaturam manu S. D: N: Regis supra signatam. Written to the great Seall and Registrat the fourteenth day of February, 1699 Sic Subscribitur Charles Kerr Sealed att Edinburgh The fourteenth day of February 1699 Sic subscribitur Alexander Home

Att Edinburgh The Fourteenth day of February Jaj vjc nynty and nyne years

A1699/2/201

Procedure

Commission To Sir John Maxwell of Pollock to be Lord Justice-Clerk

Follows The Tenor of Sir John Maxwell of Pollocks Commission To be Lord Justice-Clerk
Gulielmus Dei gratia Magnae Brittaniae Franciae et Hiberniae Rex fideique defensor, Omnibus probis Hominibus suis ad quos praesentes literae nostrae pervenerint Salutem Quando quidem nos regio nostro animo perpendentes per Commisionem fidelissimo et dilectissimo nostro Conciliario Adamo Cockburne de Ormistoune de officio Thesaurarii nostri Deputati antiquae nostri regni Scotiae munus et officium Justitiarii nostri Clerici in dicto regno nostro in manibus nostris vaccare et ad donatiomen2 et dispositionem nostram existere et nos abunde satisfacti de fidelitate et Integritate fidelissimi et dilectissimi nostri Conciliarii Domini Joannis Maxwell de Pollock militis Barronetae ejusque sedulitate diligentia aliisque praeclaris facultatibus unde usquequaque est Idoneus pro exercendo munere et officio antedicto. Noveritis igitur nos nominasse fecisse Constituisse et ordinasse Tenoreque praesentium nominare facere Constituere et ordinare Eundem Dominum Joannem Maxwell de Pollock durante nostro beneplacito duntaxat Nostrum Justiciarium Clericum Dando et Concedendo praefato Domino Joanni Maxwell durante spatio antedicto dictum munus et officium Justiciarii Clerici Cum omnibus Honoribus priviledgiis Immunitatibus feodis proficuis et Casualitatibus quibus eo spectantibus per eum tam plenarie et libere in quovis Respectu et Conditione, Gaudendum et possidendum ac dictus Adamus Cockburne de Ormistoune vel quivis alii ejus in dicto officio antecessores eodem gavi si3 sunt seu gaudere potuissent, In Cujus Rei Testimonium praesentibus Magnum Sigillum nostrum appendi praecipimus Apud Aulam nostram de Kensingtoune Sexto die mensis Februarii anno domini milesimo sexcentesimo nonogesimo nono et anno regni nostri decimo. Per Signaturam manu S. D: N: Regis supra signatam. Written to the great Seall and Registrat the fourteenth day of February, 1699 Sic Subscribitur Charles Kerr Sealed att Edinburgh The fourteenth day of February 1699 Sic subscribitur Alexander Home

1. NRS, PC1/51, 537.

2. Sic.

3. Sic. Recte gavisi

1. NRS, PC1/51, 537.

2. Sic.

3. Sic. Recte gavisi

Procedure, 14 February 1699, Edinburgh

Posted on by

Att Edinburgh The Fourteenth day of February Jaj vjc nynty and nyne years

A1699/2/191

Procedure

Commission to Adam Cockburne of Ormistoun To be Lord Thesaurer Deput

A Gift under his majesties great seal nominateing and appointing Adam Cockburne of Ormistoune lately Lord Justice-Clerk To be his majesties Lord Thesaurer Deput during his majesties pleasure only, and appointing him to be ane of the Commissioners of his majesties Thesaury, Read, And a Gift under his majesties Great Seall, Nominateing and Appointing Sir John Maxwell of Pollock, Knight Barronet to be his majesties Justice clerk during his majesties pleasure also Read, And a Gift under his majesties Royall hand and Signet, nominating and Appointing John Earle of Mar, during his Majesties royall pleasure only To be Captain of his majesties Company of foot In Garrison in his Majesties Castle of Stirling also Read and all ordered to be recorded And the hail persons forsaids being all personally present Receaved their Commissions forsaids out of the hands of the Lord high Chancellor upon their Knee as use is. And all of them swore and signed the oath of Alledgance to his majestie And signed the Assurance and Association as is appointed By the acts of parliament. And the Lord Chancellor did Administrate to each of them the oath de fideli in their respective offices. Follows The Tenor of Ormistounes Commission, To be Lord Thesaurer Deput and one of the Commissioners of the The2 Thesaury:
Gulielmus Dei Gratia Magnae Brittaniae Franciae et Hiberniae Rex fideique defensor. Omnibus probis hominibus suis ad quos praesentes literae nostrae pervenerint Salutem Quandoquidem nos Considerantes munus et officium Thesaurarii nostri Deputati in antiquo nostro Scotiae Regno in manibus nostris vaccare et ad donationem nostram existere per obitum Alexandri Domini Raith nuperi nostri Thesaurarii Deputati dicti Regni et statuentes idem officium concedere In fidelissimum et dilectissimum nostrum Conciliarium Adamum Cockburne de Ormistoun nuperum nostrum Justiciarium Clericum tanquam usquequaque Instructum pro dicto officio obeundo non solum ob fidelitatem et Integritatem suam in diversis muneribus publicis a nobis ipsi Concreditis Expressam verum ob sedulitatem diligentiam aliasque Insignes facultates. Noveritis igitur nos nominasse fecisse Constituisse et ordinasse, Sicuti per presentes nominamus facimus Constituimus et ordinamus eundem Adamum Cockburne de Ormistoun (durante nostro duntaxat beneplacito) Thesaurarium nostrum Deputatum in officiis Thesaurarii nostri Computorum Rotulatoris et Thesaurarii novarum nostrarum augmentationum et Receptoris Generalis dicti nostri Antiqui Regni, Cum plenaria potestate illi dicto munere et officio durante spatio antedicto fruendi et excercendi cum omnibus Honoribus priviledgiis Libertatibus Praeeminentiis Beneficiis et Casualitatibus quibuscunque eo spectantibus et pertinentibus tam plene et libere in omnibus Respectibus et Conditionibus quam praefatus demortuus Alexander Dominus Raith vel quivis alii ejus praedecessores in dicto officio functi et potiti sunt ullove tempore praeterito fungi aut potiri poterant speciatim vero (absque praejudicio generalitatis antedictae) Locum et Suffragium Tanquam uni ex nostris Status officiariis in omnibus nostris dicti regni parliamentis Generalibus Conciliis et Conventibus habendi, ac nos Considerantes plenam potestatem et officium Thesaurarii nostri principalis nunc in Commissionem Thesaurarii versam esse, Expresse igitur Declaramus et ordinamus Quod haec praesens nostra Donatio dicti officii Thesaurarii Deputati dictae Commissioni nequaquam derogabit Quaequidem in plena potestate et vigore Remanebit, Et quod praefatus Adamus Cockburn de Ormistoun tanquam unus ex nostris Commissionariis nostri Thesaurarii Excercebit, Nominando Constituendo et ordinando sicuti per praesentes nominamus Constituimus et ordinamus eundem Adamum Cockburne de Ormistoune unum esse ex dictis Thesaurarii Commissionariis in vicem dicti Demortui Alexandri Domini Raith Tam plenarie et Libere ad omnes Intentus et proposita ac si in antedicta antedicta3 Commissione nominatus fuisset. Quod Declaramus sibi tanquam Thesaurario Deputato in quibusvis priviledgiis eo spectantibus nullo modo praejudicari, Si in posterum durante Continuatione Praesentis nostrae Commissionis nominatus fuerit Thesaurarius principalis. In cujus rei Testimonium praesentibus magnum sigillum nostrum appendi precipimus Apud Aulam nostram de Kensingtoune sexto die mensis Februarii anno Domini Milesimo Sexcentesimo nonogesimo nono Regnique nostri anno Decimo. Per Signaturam S: D: N: Regis supra signatam. Written to the great seall et Registrat the fourteenth day of February 1699 Sic subscribitur Charles Ker. Sealed att Edinburgh the Fourteenth day of February 1699. Sic subscribitur Alexander Home

Att Edinburgh The Fourteenth day of February Jaj vjc nynty and nyne years

A1699/2/191

Procedure

Commission to Adam Cockburne of Ormistoun To be Lord Thesaurer Deput

A Gift under his majesties great seal nominateing and appointing Adam Cockburne of Ormistoune lately Lord Justice-Clerk To be his majesties Lord Thesaurer Deput during his majesties pleasure only, and appointing him to be ane of the Commissioners of his majesties Thesaury, Read, And a Gift under his majesties Great Seall, Nominateing and Appointing Sir John Maxwell of Pollock, Knight Barronet to be his majesties Justice clerk during his majesties pleasure also Read, And a Gift under his majesties Royall hand and Signet, nominating and Appointing John Earle of Mar, during his Majesties royall pleasure only To be Captain of his majesties Company of foot In Garrison in his Majesties Castle of Stirling also Read and all ordered to be recorded And the hail persons forsaids being all personally present Receaved their Commissions forsaids out of the hands of the Lord high Chancellor upon their Knee as use is. And all of them swore and signed the oath of Alledgance to his majestie And signed the Assurance and Association as is appointed By the acts of parliament. And the Lord Chancellor did Administrate to each of them the oath de fideli in their respective offices. Follows The Tenor of Ormistounes Commission, To be Lord Thesaurer Deput and one of the Commissioners of the The2 Thesaury:
Gulielmus Dei Gratia Magnae Brittaniae Franciae et Hiberniae Rex fideique defensor. Omnibus probis hominibus suis ad quos praesentes literae nostrae pervenerint Salutem Quandoquidem nos Considerantes munus et officium Thesaurarii nostri Deputati in antiquo nostro Scotiae Regno in manibus nostris vaccare et ad donationem nostram existere per obitum Alexandri Domini Raith nuperi nostri Thesaurarii Deputati dicti Regni et statuentes idem officium concedere In fidelissimum et dilectissimum nostrum Conciliarium Adamum Cockburne de Ormistoun nuperum nostrum Justiciarium Clericum tanquam usquequaque Instructum pro dicto officio obeundo non solum ob fidelitatem et Integritatem suam in diversis muneribus publicis a nobis ipsi Concreditis Expressam verum ob sedulitatem diligentiam aliasque Insignes facultates. Noveritis igitur nos nominasse fecisse Constituisse et ordinasse, Sicuti per presentes nominamus facimus Constituimus et ordinamus eundem Adamum Cockburne de Ormistoun (durante nostro duntaxat beneplacito) Thesaurarium nostrum Deputatum in officiis Thesaurarii nostri Computorum Rotulatoris et Thesaurarii novarum nostrarum augmentationum et Receptoris Generalis dicti nostri Antiqui Regni, Cum plenaria potestate illi dicto munere et officio durante spatio antedicto fruendi et excercendi cum omnibus Honoribus priviledgiis Libertatibus Praeeminentiis Beneficiis et Casualitatibus quibuscunque eo spectantibus et pertinentibus tam plene et libere in omnibus Respectibus et Conditionibus quam praefatus demortuus Alexander Dominus Raith vel quivis alii ejus praedecessores in dicto officio functi et potiti sunt ullove tempore praeterito fungi aut potiri poterant speciatim vero (absque praejudicio generalitatis antedictae) Locum et Suffragium Tanquam uni ex nostris Status officiariis in omnibus nostris dicti regni parliamentis Generalibus Conciliis et Conventibus habendi, ac nos Considerantes plenam potestatem et officium Thesaurarii nostri principalis nunc in Commissionem Thesaurarii versam esse, Expresse igitur Declaramus et ordinamus Quod haec praesens nostra Donatio dicti officii Thesaurarii Deputati dictae Commissioni nequaquam derogabit Quaequidem in plena potestate et vigore Remanebit, Et quod praefatus Adamus Cockburn de Ormistoun tanquam unus ex nostris Commissionariis nostri Thesaurarii Excercebit, Nominando Constituendo et ordinando sicuti per praesentes nominamus Constituimus et ordinamus eundem Adamum Cockburne de Ormistoune unum esse ex dictis Thesaurarii Commissionariis in vicem dicti Demortui Alexandri Domini Raith Tam plenarie et Libere ad omnes Intentus et proposita ac si in antedicta antedicta3 Commissione nominatus fuisset. Quod Declaramus sibi tanquam Thesaurario Deputato in quibusvis priviledgiis eo spectantibus nullo modo praejudicari, Si in posterum durante Continuatione Praesentis nostrae Commissionis nominatus fuerit Thesaurarius principalis. In cujus rei Testimonium praesentibus magnum sigillum nostrum appendi precipimus Apud Aulam nostram de Kensingtoune sexto die mensis Februarii anno Domini Milesimo Sexcentesimo nonogesimo nono Regnique nostri anno Decimo. Per Signaturam S: D: N: Regis supra signatam. Written to the great seall et Registrat the fourteenth day of February 1699 Sic subscribitur Charles Ker. Sealed att Edinburgh the Fourteenth day of February 1699. Sic subscribitur Alexander Home

1. NRS, PC1/51, 535-6.

2. Sic.

3. Sic.

1. NRS, PC1/51, 535-6.

2. Sic.

3. Sic.

Sederunt, 14 February 1699, Edinburgh

Posted on by

Att Edinburgh The Fourteenth day of February Jaj vjc nynty and nyne years1

A1699/2/182

Sederunt

Lord Chancellor; Earl of Argyle; Earl of Mar; Earl of Lauderdale; Earl of Lowdown; Earl of Northesk; Lord Strathnaver; Lord Jedburgh; Lord Polwarth; Lord Carmichaell S.; Lord Ross; Lord Boyle; Lord Advocate; Lord Justice-Clerk; Lord Philiphaugh; Mr Francis Montgomry; Laird of Pollock

Att Edinburgh The Fourteenth day of February Jaj vjc nynty and nyne years1

A1699/2/182

Sederunt

Lord Chancellor; Earl of Argyle; Earl of Mar; Earl of Lauderdale; Earl of Lowdown; Earl of Northesk; Lord Strathnaver; Lord Jedburgh; Lord Polwarth; Lord Carmichaell S.; Lord Ross; Lord Boyle; Lord Advocate; Lord Justice-Clerk; Lord Philiphaugh; Mr Francis Montgomry; Laird of Pollock

1. NRS, PC1/51, 535.

2. NRS, PC1/51, 535.

1. NRS, PC1/51, 535.

2. NRS, PC1/51, 535.