Act, 14 September 1699, Edinburgh

Att Edinburgh the Fourteinth day of September Jaj vic Nynty Nyne

D1699/9/51

Act

Act Captain Thomas Hay Merchant

Anent the petition given in to the Lords of his Majesties privy Councill be Thomas Hay Captain in Collonell Buchans regiment Shewing That the petitioner haveing spent a good part of his fortune in his Majesties service at home and abroad, after the disbanding of the Regiment the petitioner did goe for London in order to gett some of the petitioners arreirs due to the petitioner ther; and haveing received a part therof, The petitioner bought their some peices of Cloath therwith which were Shipped for Scotland prior to the proclamation prohibiting the Import of Foraigne Cloaths, as an obedience hereof the petitioner doe produce the merchants notes from whom they were bought on the sixth and nynth dayes of May Jaj vic nyntie nyne As also ane order from Patrick Baptie Skipper to John Spence his mate fore receiveing them on board on the twenty of May Jaj vic nyntie Nyne with Patrick Bapties Letters to the petitioners wife telling her that it was his mates fault when he was himself a shoar that the watter men were sent back with the goods dated at Leith the Threttie of May Jaj vic nyntie nyne Therupon the petitioner Loaded them aboard in James Lawes ship and the petitioner produced the bills of Loadning dated the threteen of June Jaj vic nyntie nyne wheras the proclamatione did not Superveen till the twentie thrid of the said moneth, as this was invincible Ignorance of the petitioner, So that the petitioner was informed that the saids Lords hade found that the Other Cloaths in that Shipp were not Seizure, and therfore have ordained them to bee delyvered to the owners for exportation upon Caution to be found by them for that effect The petitioner was absent at the time of this application and the goods were seazed by the Tacksmen and their Collector at Leith And Therfore humbly Supplicating the said Lords to the effect aftermentioned as the petition bears The saids Lords of his Majesties privy Councill Haveing Considered the above petition They Declare the goods mentioned in the petition to be Lyable to no Seizure, And discharges the Tacksmen Collectors and other officers in the Customehouse under them to seaze upon the same and allowes the petitioner to whom they belong to export or transmitt these goods to any port harbour or place furth of this kingdome In Respect the petitioner before extracting hereof hath Compeared before George Home of Kello present Lord provest of Edinburgh and one of his majesties privy Councill and made Inventar and given his Oath that the goods Imported by him are as followes Viz Fyve pieces of Cloath Containeing ane hundred and two yeards and thrie quarters Cloath, And ane piece of Drugget Containeing threttie Eight yeards In all ane hundred Fourtie yeards and thrie quarters and hath given bond and found Cautione acted in maner forsaid that he shall export the saids goods betwixt and the first day of January one thousand and seven hundred years under the paine of the value of the saids goods belonging to the petitioner And discharges any part of the saids goods to be taken out of the Toune of Leith And Ordaines them to lye in the custome house ther till they be transported furth of the kingdome as said is.

Att Edinburgh the Fourteinth day of September Jaj vic Nynty Nyne

D1699/9/51

Act

Act Captain Thomas Hay Merchant

Anent the petition given in to the Lords of his Majesties privy Councill be Thomas Hay Captain in Collonell Buchans regiment Shewing That the petitioner haveing spent a good part of his fortune in his Majesties service at home and abroad, after the disbanding of the Regiment the petitioner did goe for London in order to gett some of the petitioners arreirs due to the petitioner ther; and haveing received a part therof, The petitioner bought their some peices of Cloath therwith which were Shipped for Scotland prior to the proclamation prohibiting the Import of Foraigne Cloaths, as an obedience hereof the petitioner doe produce the merchants notes from whom they were bought on the sixth and nynth dayes of May Jaj vic nyntie nyne As also ane order from Patrick Baptie Skipper to John Spence his mate fore receiveing them on board on the twenty of May Jaj vic nyntie Nyne with Patrick Bapties Letters to the petitioners wife telling her that it was his mates fault when he was himself a shoar that the watter men were sent back with the goods dated at Leith the Threttie of May Jaj vic nyntie nyne Therupon the petitioner Loaded them aboard in James Lawes ship and the petitioner produced the bills of Loadning dated the threteen of June Jaj vic nyntie nyne wheras the proclamatione did not Superveen till the twentie thrid of the said moneth, as this was invincible Ignorance of the petitioner, So that the petitioner was informed that the saids Lords hade found that the Other Cloaths in that Shipp were not Seizure, and therfore have ordained them to bee delyvered to the owners for exportation upon Caution to be found by them for that effect The petitioner was absent at the time of this application and the goods were seazed by the Tacksmen and their Collector at Leith And Therfore humbly Supplicating the said Lords to the effect aftermentioned as the petition bears The saids Lords of his Majesties privy Councill Haveing Considered the above petition They Declare the goods mentioned in the petition to be Lyable to no Seizure, And discharges the Tacksmen Collectors and other officers in the Customehouse under them to seaze upon the same and allowes the petitioner to whom they belong to export or transmitt these goods to any port harbour or place furth of this kingdome In Respect the petitioner before extracting hereof hath Compeared before George Home of Kello present Lord provest of Edinburgh and one of his majesties privy Councill and made Inventar and given his Oath that the goods Imported by him are as followes Viz Fyve pieces of Cloath Containeing ane hundred and two yeards and thrie quarters Cloath, And ane piece of Drugget Containeing threttie Eight yeards In all ane hundred Fourtie yeards and thrie quarters and hath given bond and found Cautione acted in maner forsaid that he shall export the saids goods betwixt and the first day of January one thousand and seven hundred years under the paine of the value of the saids goods belonging to the petitioner And discharges any part of the saids goods to be taken out of the Toune of Leith And Ordaines them to lye in the custome house ther till they be transported furth of the kingdome as said is.

1. NRS, PC2/27, 247r-248r.

1. NRS, PC2/27, 247r-248r.

Procedure, 14 September 1699, Edinburgh

Att Edinburgh the Fourteinth day of September Jaj vic Nynty Nyne

D1699/9/41

Procedure

Remit Anent Alexander Bruce and Home of Kinnergeine

The Lords of his majesties privy Councill haveing heard and Considered a petitione given in to them be Alexander Bruce and report of the Committie anent the proces David Home, and Kinnergeine his brother against the said Alexander with the missive Letters produced They find the injust and Illegall partioning for exacting of money for deficiencie on the parties was not quartered upon the place Sufficiently proven And Remitts to the Committie formerly appointed in this matter to Consider how the late abuse may be prevented in time comeing and to make farder inquyry into that matter and to report.

Att Edinburgh the Fourteinth day of September Jaj vic Nynty Nyne

D1699/9/41

Procedure

Remit Anent Alexander Bruce and Home of Kinnergeine

The Lords of his majesties privy Councill haveing heard and Considered a petitione given in to them be Alexander Bruce and report of the Committie anent the proces David Home, and Kinnergeine his brother against the said Alexander with the missive Letters produced They find the injust and Illegall partioning for exacting of money for deficiencie on the parties was not quartered upon the place Sufficiently proven And Remitts to the Committie formerly appointed in this matter to Consider how the late abuse may be prevented in time comeing and to make farder inquyry into that matter and to report.

1. NRS, PC2/27, 246v-247r.

1. NRS, PC2/27, 246v-247r.

Sederunt, 14 September 1699, Edinburgh

Att Edinburgh the Fourteinth day of September Jaj vic Nynty Nyne1

D1699/9/32

Sederunt

Lord Chancelor; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Lothian; Earl of Lowdon; Earl of Annandale; Earl of Forfar; Viscount Seafeild S:; Lord Polwarth; Lord Carmicheall S:; Lord Forbes; Lord Ruthven; Lord President of Session; Lord Advocat; Lord Thesaurer deput; Lord Justice Clerk; Lord Philiphaugh; Lord Halcraig; Lord Crosrig; Lord Rankeillor; Mr Fra: Montgomry; Laird of Grant; Laird of Blackbarony; Laird of Stevenson; Lord Provest of Edinburgh

Att Edinburgh the Fourteinth day of September Jaj vic Nynty Nyne1

D1699/9/32

Sederunt

Lord Chancelor; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Lothian; Earl of Lowdon; Earl of Annandale; Earl of Forfar; Viscount Seafeild S:; Lord Polwarth; Lord Carmicheall S:; Lord Forbes; Lord Ruthven; Lord President of Session; Lord Advocat; Lord Thesaurer deput; Lord Justice Clerk; Lord Philiphaugh; Lord Halcraig; Lord Crosrig; Lord Rankeillor; Mr Fra: Montgomry; Laird of Grant; Laird of Blackbarony; Laird of Stevenson; Lord Provest of Edinburgh

1. NRS, PC2/27, 246v.

2. NRS, PC2/27, 246v.

1. NRS, PC2/27, 246v.

2. NRS, PC2/27, 246v.

Procedure, 14 September 1699, Edinburgh

Att Edinburgh The Fourteenth day of September Jaj vic nynty nyne

A1699/9/151

Procedure

Recomendation To the Lord Advocate To draw a proclamation For building of Correction houses

A Proclamation of Councill anent Correction houses For the poor past upon the Thretty First of march Jaj vic nynty nyne, but never published because not Filled up as was Recomended to the Lord Advocate To doe, Being Read this day, The Councill Recomends to the Lord Advocate To draw a new proclamation appointing Correction houses to be built, By the Towns and Burghs of Edinburgh, Aberden Perth, Glasgow, Stirling, Air, Dumfreis, Dundee, Inverness and Montrose, Betwixt and the […] day of […] next, and ordaining all vagrant Beggers to repair to the places of their birth, or to the places wherin they have hade their Residence, For this last Three years bygone, And appointing the Sheriffs of Shires and Stewarts of Stewartries To meet with and call together att the meeting of the Shire att Michaelmess next, the Commissioners of Supply within their Bounds, and To see this proclamation putt to punctuall Execution and appointes the Sheriffs and Stewarts in their Respective Bounds To Return their Report to the Councill off their diligence in this matter and that betwixt and the first of December next, under the penalty of […] And ordaines The Three last2 Proclamationes of Councill anent the poor, To be Reprinted with this Proclamatione.

Att Edinburgh The Fourteenth day of September Jaj vic nynty nyne

A1699/9/151

Procedure

Recomendation To the Lord Advocate To draw a proclamation For building of Correction houses

A Proclamation of Councill anent Correction houses For the poor past upon the Thretty First of march Jaj vic nynty nyne, but never published because not Filled up as was Recomended to the Lord Advocate To doe, Being Read this day, The Councill Recomends to the Lord Advocate To draw a new proclamation appointing Correction houses to be built, By the Towns and Burghs of Edinburgh, Aberden Perth, Glasgow, Stirling, Air, Dumfreis, Dundee, Inverness and Montrose, Betwixt and the […] day of […] next, and ordaining all vagrant Beggers to repair to the places of their birth, or to the places wherin they have hade their Residence, For this last Three years bygone, And appointing the Sheriffs of Shires and Stewarts of Stewartries To meet with and call together att the meeting of the Shire att Michaelmess next, the Commissioners of Supply within their Bounds, and To see this proclamation putt to punctuall Execution and appointes the Sheriffs and Stewarts in their Respective Bounds To Return their Report to the Councill off their diligence in this matter and that betwixt and the first of December next, under the penalty of […] And ordaines The Three last2 Proclamationes of Councill anent the poor, To be Reprinted with this Proclamatione.

1. NRS, PC1/52, 27.

2. Insertion.

1. NRS, PC1/52, 27.

2. Insertion.

Procedure, 14 September 1699, Edinburgh

Att Edinburgh The Fourteenth day of September Jaj vic nynty nyne

A1699/9/141

Procedure

The Lord Forbes qualified himself as Baillie of the Regality of Huntly

The Lord Forbes qualified himself for Exerceing his offices of Bailie of Huntly and Kinloss, and of the Bishoprick of Aberdeen and Justiciary contained in his Commission granted be the Councill to his Lordship this day By Swearing and Signing the alledgance and Signeing the assurance and association appointed to his Majestie be the acts of Parliament and proclamationes of Councill, In presence of Councill.

Att Edinburgh The Fourteenth day of September Jaj vic nynty nyne

A1699/9/141

Procedure

The Lord Forbes qualified himself as Baillie of the Regality of Huntly

The Lord Forbes qualified himself for Exerceing his offices of Bailie of Huntly and Kinloss, and of the Bishoprick of Aberdeen and Justiciary contained in his Commission granted be the Councill to his Lordship this day By Swearing and Signing the alledgance and Signeing the assurance and association appointed to his Majestie be the acts of Parliament and proclamationes of Councill, In presence of Councill.

1. NRS, PC1/52, 27.

1. NRS, PC1/52, 27.

Act, 14 September 1699, Edinburgh

Att Edinburgh The Fourteenth day of September Jaj vic nynty nyne

A1699/9/131

Act

Act For quartering the Troops and Regiments of the Forces

The Lords of his Majesties privy Councill att desire of the Commissaries of the army, Doe heirby appoint his Majesties troops To be provided with winter Forradge att the places Following viz Dunss The Troop of Guards For sometime till they be Removed about Edinburgh, Perth ane Troop, Falkirk ane Troop, Culross and Valyfield ane Troop, Stranrauer and Wigtoun ane Troop, Forfar ane Troop, Newtoun of Galloway ane Troop The Troop which was designed for St Andrews at what other place The Commander in Cheiff shall appoint, Kirkcudbright ane Troop, Calstream ane Troop, Polwarth and Greenlaw ane Troop Lockarbie and Eiklefechean ane Troop, Elgine and Forrest ane Troop, Paslay ane Troop and Langon ane Troop or what place the Commander in cheiff for the tyme Shall appoint with power to the Commander in cheiff to change the quarters of the saids Troops, From tyme to tyme att the begining of Each moneth as he Shall Think Fitt, and to doe the like with the Foot Regiments and Companies.

Att Edinburgh The Fourteenth day of September Jaj vic nynty nyne

A1699/9/131

Act

Act For quartering the Troops and Regiments of the Forces

The Lords of his Majesties privy Councill att desire of the Commissaries of the army, Doe heirby appoint his Majesties troops To be provided with winter Forradge att the places Following viz Dunss The Troop of Guards For sometime till they be Removed about Edinburgh, Perth ane Troop, Falkirk ane Troop, Culross and Valyfield ane Troop, Stranrauer and Wigtoun ane Troop, Forfar ane Troop, Newtoun of Galloway ane Troop The Troop which was designed for St Andrews at what other place The Commander in Cheiff shall appoint, Kirkcudbright ane Troop, Calstream ane Troop, Polwarth and Greenlaw ane Troop Lockarbie and Eiklefechean ane Troop, Elgine and Forrest ane Troop, Paslay ane Troop and Langon ane Troop or what place the Commander in cheiff for the tyme Shall appoint with power to the Commander in cheiff to change the quarters of the saids Troops, From tyme to tyme att the begining of Each moneth as he Shall Think Fitt, and to doe the like with the Foot Regiments and Companies.

1. NRS, PC1/52, 26-7.

1. NRS, PC1/52, 26-7.

Commission, 14 September 1699, Edinburgh

Att Edinburgh The Fourteenth day of September Jaj vic nynty nyne

A1699/9/121

Commission

Commission By the Councill To the Earle of Tullibardin to Exerce in some Jurisdictions which belonged to his father

The Lords of his majesties privy Councill, Considering That The officers of the Baillie of the Regality and Forrestry of the Earldom of Atholl and Burgh of Regality thereof, The office of Baillie of all and Sundry the lands and Barronies within the Bishoprick of Dunkeld lying within the Shires of Perth, Fife and Forfar, Is vacant and none Exerciseing the same, In Respect of […] Marquess of Atholl who is Heretable Lord of the said Regalities and Bailiary therin his being unqualified, and not having Sworn and subscrived the oath of alledgance to his Majestie, nor haveing Signed the assurance and association, Conform to the acts of Parliament and Proclamationes of privy Councill made thereanent. Therfore To have made Constitute and ordained Likeas The Saids Lords of his Majesties privy Councill By these presents Makes Constitutes and ordaines John Earle of Tullibardin to be Baillie of the saids Regalities and Bailiarie Giveing Granting and Committing To him (During the Councills pleasure only or ay and while the said […] Marquess of Atholl or his Successors be qualified) In the termes of the acts of Parliament and proclamations of Councill) The office of Baillie of the saids Regalities and Bailiary, With all and Sundry powers Jurisdictiones priviledges preheminencies fies dueties Casualities profites Liberties and Immunities whatsoever therunto Belonging as the samen were posest and Enjoyed by any preceeding Baillie of the forsaid Regalities and Bailiarie with Full power To the said John Earle of Tillibardin during the Space forsaid To use and Exerce the said office of Baillie within the Saids Regalities and Bailiary by sitting and Holding Courts Judgeing decideing and determining, In all actiones causes alse well civill as Criminall Bloods and Ryots and upon Life and Limb and all other actions and affairs pertaining to the said office of Baillie of the saids Regality and Bailiary, alse Fully and freely in all Respects and Conditions as any other Baillie of the saids Regalities and Bailiary was in use and hade Right to doe off before, And To make Creat and substitute Deputs and Substitutes under him in the afforsaid office (For whom he shall be answerable) with Clerks, officers, Serjeants, Dempsters and all other members of Court and the Samen as often as need beis To alter and change And To Intromitt with and uptake all fies Casualities Commodities duties and profites belonging to the Said office during the Space abovementioned, with all Bloodwitts Escheats and amerciaments of the said court of Regalities and Bailiary and to doe use and Exerce all and Sundry other things concerning pertaining and belonging to the said office of Baillie of the saids Regalities and Bailiary during the Space forsaid alse Fully and freely in all Respects as any other Bailies of Regality or Bailiary hes done, used or Exerced. The Said John Earle of Tullibardin Before he Enter upon the Exercise of the said office of Baillie of the saids Regalities and Bailliary, First Swearing and Signing the oath of alledgance and Signing the Assurance and association appointed to his Majesty By acts of Parliament and proclamationes of Councill, Given att Edinburgh The Fourteenth day of September Jaj vic nynty nyne years. Sic Subscribitur Marchmont cancellar, Argyll Crafurd Mar, Lothian, Loudoun, Seafield, Polwarth, Forbes, James Stewart, J Hamiltone, Archibald Murray.

Att Edinburgh The Fourteenth day of September Jaj vic nynty nyne

A1699/9/121

Commission

Commission By the Councill To the Earle of Tullibardin to Exerce in some Jurisdictions which belonged to his father

The Lords of his majesties privy Councill, Considering That The officers of the Baillie of the Regality and Forrestry of the Earldom of Atholl and Burgh of Regality thereof, The office of Baillie of all and Sundry the lands and Barronies within the Bishoprick of Dunkeld lying within the Shires of Perth, Fife and Forfar, Is vacant and none Exerciseing the same, In Respect of […] Marquess of Atholl who is Heretable Lord of the said Regalities and Bailiary therin his being unqualified, and not having Sworn and subscrived the oath of alledgance to his Majestie, nor haveing Signed the assurance and association, Conform to the acts of Parliament and Proclamationes of privy Councill made thereanent. Therfore To have made Constitute and ordained Likeas The Saids Lords of his Majesties privy Councill By these presents Makes Constitutes and ordaines John Earle of Tullibardin to be Baillie of the saids Regalities and Bailiarie Giveing Granting and Committing To him (During the Councills pleasure only or ay and while the said […] Marquess of Atholl or his Successors be qualified) In the termes of the acts of Parliament and proclamations of Councill) The office of Baillie of the saids Regalities and Bailiary, With all and Sundry powers Jurisdictiones priviledges preheminencies fies dueties Casualities profites Liberties and Immunities whatsoever therunto Belonging as the samen were posest and Enjoyed by any preceeding Baillie of the forsaid Regalities and Bailiarie with Full power To the said John Earle of Tillibardin during the Space forsaid To use and Exerce the said office of Baillie within the Saids Regalities and Bailiary by sitting and Holding Courts Judgeing decideing and determining, In all actiones causes alse well civill as Criminall Bloods and Ryots and upon Life and Limb and all other actions and affairs pertaining to the said office of Baillie of the saids Regality and Bailiary, alse Fully and freely in all Respects and Conditions as any other Baillie of the saids Regalities and Bailiary was in use and hade Right to doe off before, And To make Creat and substitute Deputs and Substitutes under him in the afforsaid office (For whom he shall be answerable) with Clerks, officers, Serjeants, Dempsters and all other members of Court and the Samen as often as need beis To alter and change And To Intromitt with and uptake all fies Casualities Commodities duties and profites belonging to the Said office during the Space abovementioned, with all Bloodwitts Escheats and amerciaments of the said court of Regalities and Bailiary and to doe use and Exerce all and Sundry other things concerning pertaining and belonging to the said office of Baillie of the saids Regalities and Bailiary during the Space forsaid alse Fully and freely in all Respects as any other Bailies of Regality or Bailiary hes done, used or Exerced. The Said John Earle of Tullibardin Before he Enter upon the Exercise of the said office of Baillie of the saids Regalities and Bailliary, First Swearing and Signing the oath of alledgance and Signing the Assurance and association appointed to his Majesty By acts of Parliament and proclamationes of Councill, Given att Edinburgh The Fourteenth day of September Jaj vic nynty nyne years. Sic Subscribitur Marchmont cancellar, Argyll Crafurd Mar, Lothian, Loudoun, Seafield, Polwarth, Forbes, James Stewart, J Hamiltone, Archibald Murray.

1. NRS, PC1/52, 25-6.

1. NRS, PC1/52, 25-6.

Commission, 14 September 1699, Edinburgh

Att Edinburgh The Fourteenth day of September Jaj vic nynty nyne

A1699/9/111

Commission

Commission To The Lord Forbes to be Baillie of the Regality of Huntly etc

The Lords of his majesties privy Councill Considering That the offices of Baillie of the Regality of Huntley and Bailiarie and Justiciary of the Regality of Kinloss and of the Bailiary of the Bishoprick of Aberdeen are vacant and none Exerciseing the same In Respect of George Duke of Gordon etc: who is heiretable Lord of the saids Regalities Justiciary and Bailiaries and so ought to appoint ane Baillie therin, his being non qualified and not haveing Sworn and Subscribed the oath of alledgance to his majestie, nor Signed the assurance and association, conform to acts of Parliament and proclamationes of privy Councill made theranent. Therfore To have made Constitute and ordained, Likeas The saids Lords of his majesties privy Councill By these presents makes Constitutes and ordaines William Lord Forbes To be Baillie of the Saids Regalities Justiciary and Bailiaries Giveing and Granting unto him (during the Councills pleasure only) or ay and while the said Duke of Gordon be qualified in the termes of the saids acts of parliament and proclamationes of Councill)2 The office of Baillie of the saids Regalities Justiciary and Bailiaries, with all and Sundry powers Jurisdictiones, priviledges, preheminencies, fies, duties, casualities, profites, Liberties, and Immunities whatsoever therto belonging as the samen were possesst and Enjoyed be any preceeding Bailie of the forsaids Regalities Justiciary and Bailiaries, with full power to the said William Lord Forbes during the Space forsaid to use and Exerce the saids offices of Bailie in the saids Regalities, Justiciary and Bailiaries, By sitting and Holding courts Judging decideing and determineing in all actions causes alse well civill as Criminall, Bloods and ryots and upon Life and Limb and all other actions and affairs pertaining to the said office of Baillie of Regalities, Justiciary and Bailiaries alse Fully and freely in all Respects and conditions as any other Baillie of the saids Regalities Justiciary and Bailiaries was in use or hade right to doe off before, and to make Creat and Constitute Deputs, under him in the aforsaids offices (For whom he shall be answerable) with Clerks officers, Serjeants, Dempsters, and all other members of court and the samen as 3 oft as need beis to alter and change, And To Intromitt with and uptake all fies, casualities, Commodities, dueties, and profites, belonging to the saids offices during the space abovementioned with all Bloodwitts Escheats and amerciaments of the said court of Regalities Justiciary and Bailiaries, And Generall with power to the said William Lord Forbes as Bailie of the saids Regalities Justiciary and Bailiaries To doe use and Exerce all and Sundry other things Concerning pertaining and belonging to the said office of Bailie of the saids Regalities Justiciary and Bailiaries during the Space forsaid alse fully and Freely in all Respects as any other Bailie of Regalities Justiciary or Bailiaries hes done used or Exerced. The said William Lord Forbes Before he Enter upon the Exercise of the saids offices of Baillie of the saids Regalities Justiciary and Bailiaries First swearing and signeing the oath of alledgance and signing the assurance and association appointed to his Majestie by acts of Parliament, and proclamationes of Councill, Given att Edinburgh The Fourteenth day of September Jai vic nynty nyne years. Sic Subscribitur Marchmont Cancellar. Argyll, Crafurd, Mar. Lothian, Loudoun Seafield, Polwarth, James Stewart. J: Hamilton. Archibald Murray.

Att Edinburgh The Fourteenth day of September Jaj vic nynty nyne

A1699/9/111

Commission

Commission To The Lord Forbes to be Baillie of the Regality of Huntly etc

The Lords of his majesties privy Councill Considering That the offices of Baillie of the Regality of Huntley and Bailiarie and Justiciary of the Regality of Kinloss and of the Bailiary of the Bishoprick of Aberdeen are vacant and none Exerciseing the same In Respect of George Duke of Gordon etc: who is heiretable Lord of the saids Regalities Justiciary and Bailiaries and so ought to appoint ane Baillie therin, his being non qualified and not haveing Sworn and Subscribed the oath of alledgance to his majestie, nor Signed the assurance and association, conform to acts of Parliament and proclamationes of privy Councill made theranent. Therfore To have made Constitute and ordained, Likeas The saids Lords of his majesties privy Councill By these presents makes Constitutes and ordaines William Lord Forbes To be Baillie of the Saids Regalities Justiciary and Bailiaries Giveing and Granting unto him (during the Councills pleasure only) or ay and while the said Duke of Gordon be qualified in the termes of the saids acts of parliament and proclamationes of Councill)2 The office of Baillie of the saids Regalities Justiciary and Bailiaries, with all and Sundry powers Jurisdictiones, priviledges, preheminencies, fies, duties, casualities, profites, Liberties, and Immunities whatsoever therto belonging as the samen were possesst and Enjoyed be any preceeding Bailie of the forsaids Regalities Justiciary and Bailiaries, with full power to the said William Lord Forbes during the Space forsaid to use and Exerce the saids offices of Bailie in the saids Regalities, Justiciary and Bailiaries, By sitting and Holding courts Judging decideing and determineing in all actions causes alse well civill as Criminall, Bloods and ryots and upon Life and Limb and all other actions and affairs pertaining to the said office of Baillie of Regalities, Justiciary and Bailiaries alse Fully and freely in all Respects and conditions as any other Baillie of the saids Regalities Justiciary and Bailiaries was in use or hade right to doe off before, and to make Creat and Constitute Deputs, under him in the aforsaids offices (For whom he shall be answerable) with Clerks officers, Serjeants, Dempsters, and all other members of court and the samen as 3 oft as need beis to alter and change, And To Intromitt with and uptake all fies, casualities, Commodities, dueties, and profites, belonging to the saids offices during the space abovementioned with all Bloodwitts Escheats and amerciaments of the said court of Regalities Justiciary and Bailiaries, And Generall with power to the said William Lord Forbes as Bailie of the saids Regalities Justiciary and Bailiaries To doe use and Exerce all and Sundry other things Concerning pertaining and belonging to the said office of Bailie of the saids Regalities Justiciary and Bailiaries during the Space forsaid alse fully and Freely in all Respects as any other Bailie of Regalities Justiciary or Bailiaries hes done used or Exerced. The said William Lord Forbes Before he Enter upon the Exercise of the saids offices of Baillie of the saids Regalities Justiciary and Bailiaries First swearing and signeing the oath of alledgance and signing the assurance and association appointed to his Majestie by acts of Parliament, and proclamationes of Councill, Given att Edinburgh The Fourteenth day of September Jai vic nynty nyne years. Sic Subscribitur Marchmont Cancellar. Argyll, Crafurd, Mar. Lothian, Loudoun Seafield, Polwarth, James Stewart. J: Hamilton. Archibald Murray.

1. NRS, PC1/52, 24-5.

2. Opening bracket missing.

3. The word ‘of’ scored out here.

1. NRS, PC1/52, 24-5.

2. Opening bracket missing.

3. The word ‘of’ scored out here.

Sederunt, 14 September 1699, Edinburgh

Att Edinburgh The Fourteenth day of September Jaj vic nynty nyne1

A1699/9/102

Sederunt

Lord Chancellor; Earl of Argyle; Earl of Crafurd; Earl of Mar; Earl of Lothian; Earl of Loudoun; Earl of Annandale; Earl of Forfar; Viscount Seafield; Lord Polwarth; Lord Carmichaell S.; Lord Forbes; Lord Ruthven; Lord President of Session; Lord Advocate; Lord Thesaurer Depute; Lord Justice-Clerk; Lord Philiphaugh; Lord Halcraig; Lord Crossrigg; Lord Rankillor; Mr Fra: Montgomry; Laird of Grant; Laird of Blackbarrony; Laird of Stevenson; Lord Provost of Edinburgh

Att Edinburgh The Fourteenth day of September Jaj vic nynty nyne1

A1699/9/102

Sederunt

Lord Chancellor; Earl of Argyle; Earl of Crafurd; Earl of Mar; Earl of Lothian; Earl of Loudoun; Earl of Annandale; Earl of Forfar; Viscount Seafield; Lord Polwarth; Lord Carmichaell S.; Lord Forbes; Lord Ruthven; Lord President of Session; Lord Advocate; Lord Thesaurer Depute; Lord Justice-Clerk; Lord Philiphaugh; Lord Halcraig; Lord Crossrigg; Lord Rankillor; Mr Fra: Montgomry; Laird of Grant; Laird of Blackbarrony; Laird of Stevenson; Lord Provost of Edinburgh

1. NRS, PC1/52, 24.

2. NRS, PC1/52, 24.

1. NRS, PC1/52, 24.

2. NRS, PC1/52, 24.