Tag Archives: 15 December 1698

Act, 15 December 1698, Edinburgh

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Att Edinburgh The Fifteinth day of December Jaj vic Nyntie Eight years

D1698/12/91

Act

Act Mr George Johnston for the Stipend of Bruntisland

Anent the petition given in to the Lords of his Majesties privy Councill be Mr George Johnstone late Minister of Bruntisland Shewing That wher by ane act of the saids Lords dated the fiftein day of December Jaj vic nyntie one therwith produced It was ordered that the keyes of the Church of Bruntisland Should be delyvered to the presbytrie of Kirkaldie, and that the said Church of Bruntisland should not be legally planted untill the Case then depending should be deryded be the assembly, And the Church not haveing been planted untill August Jaj vic Nyntie thrie, The petitioner upon the forsaid act did most readily and friendly from year to year receive payment from the heritors of the parochin of their share of the Stipend untill the said Church was planted, Bot the toune of Bruntisland albeit they doe not absolutly refuse payment yet they being ane incorporation, and swae Lyable for their administration to their successor they Conceive that they can not safely pay unless the forsaid act did expressly bear that the Stipend should have been due to the petitioner untill the planting of the Church Therfore to remove their Scruple and that the petitioner may receive payment of what is resting be them, And Therfore Humbly Supplicating to the effect aftermentioned The Lords of his majesties privy Councill haveing Considered this petition given in to them by the above Mr George Johnstone with the act mentioned therin and produced therwith They hereby Declare that the Stipend of the kirk of Bruntisland was due to the petitioner untill the said Church was planted Viz for the whole years Jaj vic Nyntie one and Jaj vic and Nyntie two and the first half of the year Jaj vic Nyntie thrie, And Decernes and Ordaines the present Magistrats of the said burgh of Bruntisland and their Successors in office for the time to make payment and Satisfactione to the petitioner of their proportionall part of the saids two years and ane half Stipend payable by the said burgh of Bruntisland, and Ordaines Letters to be direct hereon under the Signet of Councill Conforme to the decreet of Locality of the said kirk, and in case ther be no decreet of Localitie Decernes and Ordaines the said Magistrats and their Successors to make payment to the petitioner of their proportion of the said Stipend payable by the said burgh of Bruntisland Conforme to ane decreet to be obtained against them before the Judge ordinary.

Att Edinburgh The Fifteinth day of December Jaj vic Nyntie Eight years

D1698/12/91

Act

Act Mr George Johnston for the Stipend of Bruntisland

Anent the petition given in to the Lords of his Majesties privy Councill be Mr George Johnstone late Minister of Bruntisland Shewing That wher by ane act of the saids Lords dated the fiftein day of December Jaj vic nyntie one therwith produced It was ordered that the keyes of the Church of Bruntisland Should be delyvered to the presbytrie of Kirkaldie, and that the said Church of Bruntisland should not be legally planted untill the Case then depending should be deryded be the assembly, And the Church not haveing been planted untill August Jaj vic Nyntie thrie, The petitioner upon the forsaid act did most readily and friendly from year to year receive payment from the heritors of the parochin of their share of the Stipend untill the said Church was planted, Bot the toune of Bruntisland albeit they doe not absolutly refuse payment yet they being ane incorporation, and swae Lyable for their administration to their successor they Conceive that they can not safely pay unless the forsaid act did expressly bear that the Stipend should have been due to the petitioner untill the planting of the Church Therfore to remove their Scruple and that the petitioner may receive payment of what is resting be them, And Therfore Humbly Supplicating to the effect aftermentioned The Lords of his majesties privy Councill haveing Considered this petition given in to them by the above Mr George Johnstone with the act mentioned therin and produced therwith They hereby Declare that the Stipend of the kirk of Bruntisland was due to the petitioner untill the said Church was planted Viz for the whole years Jaj vic Nyntie one and Jaj vic and Nyntie two and the first half of the year Jaj vic Nyntie thrie, And Decernes and Ordaines the present Magistrats of the said burgh of Bruntisland and their Successors in office for the time to make payment and Satisfactione to the petitioner of their proportionall part of the saids two years and ane half Stipend payable by the said burgh of Bruntisland, and Ordaines Letters to be direct hereon under the Signet of Councill Conforme to the decreet of Locality of the said kirk, and in case ther be no decreet of Localitie Decernes and Ordaines the said Magistrats and their Successors to make payment to the petitioner of their proportion of the said Stipend payable by the said burgh of Bruntisland Conforme to ane decreet to be obtained against them before the Judge ordinary.

1. NRS, PC2/27, 164v-165r.

1. NRS, PC2/27, 164v-165r.

Act, 15 December 1698, Edinburgh

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Att Edinburgh The Fifteinth day of December Jaj vic Nyntie Eight years

D1698/12/81

Act

Act George Pringle baillie deput in Kelso etc

Anent the petition given in to the Lords of his Majesties privy Councill be George Pringle baillie depute in Kelso in name and behalf of the inhabitants of the said toune Shewing That upon a petition given in by the petitioner for himself and in name and behalf forsaid, The saids Lords allowed the officers of the Lord Forbes his regiment of Dragoons (anent whose quartering the petition is) to see and answer the same, and appointed the Earle of Buchan and the Lairds of Grant and Kelburne to be a Committie for Considering the petition and answers and hearing both parties and adjusting accompts betwixt them And Which Committie haveing accordingly mett and seen the accompt and instructiones They found that a great many articles are not sufficiently instructed and Remitted the said accompt to be farder instructed either by wryte under the debitors own hands or by the oathes of the Creditors before any two of the Commissioners of Supplie within the Shyre of Roxburgh with one or more of the baillies of Kelso, And Seing ane warrand from the saids Lords was necessar to the saids Commissioners and baillies for authorizeing them to meet to the effect forsaid, And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned The Lords of his Majesties privy Councill Haveing Considered this petition given in to them be the above George Pringle in name and behalf of the inhabitants of the said toune, They doe hereby give full power Warrant and Commission to any two of the Commissioners of supplie within the shyre of Roxburgh with one or more of the baillies of Kelso to see the saids accompts furder instructed in maner above wryten And to returne the same with the report or attestatione theron to the Committie if they be att Edinburgh and if not to the saids Lords of privy Councill.

Att Edinburgh The Fifteinth day of December Jaj vic Nyntie Eight years

D1698/12/81

Act

Act George Pringle baillie deput in Kelso etc

Anent the petition given in to the Lords of his Majesties privy Councill be George Pringle baillie depute in Kelso in name and behalf of the inhabitants of the said toune Shewing That upon a petition given in by the petitioner for himself and in name and behalf forsaid, The saids Lords allowed the officers of the Lord Forbes his regiment of Dragoons (anent whose quartering the petition is) to see and answer the same, and appointed the Earle of Buchan and the Lairds of Grant and Kelburne to be a Committie for Considering the petition and answers and hearing both parties and adjusting accompts betwixt them And Which Committie haveing accordingly mett and seen the accompt and instructiones They found that a great many articles are not sufficiently instructed and Remitted the said accompt to be farder instructed either by wryte under the debitors own hands or by the oathes of the Creditors before any two of the Commissioners of Supplie within the Shyre of Roxburgh with one or more of the baillies of Kelso, And Seing ane warrand from the saids Lords was necessar to the saids Commissioners and baillies for authorizeing them to meet to the effect forsaid, And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned The Lords of his Majesties privy Councill Haveing Considered this petition given in to them be the above George Pringle in name and behalf of the inhabitants of the said toune, They doe hereby give full power Warrant and Commission to any two of the Commissioners of supplie within the shyre of Roxburgh with one or more of the baillies of Kelso to see the saids accompts furder instructed in maner above wryten And to returne the same with the report or attestatione theron to the Committie if they be att Edinburgh and if not to the saids Lords of privy Councill.

1. NRS, PC2/27, 163v-164r.

1. NRS, PC2/27, 163v-164r.

Decreet, 15 December 1698, Edinburgh

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Att Edinburgh The Fifteinth day of December Jaj vic Nyntie Eight years

D1698/12/71

Decreet

Decreet Earl of Roxburgh against Mr Mark Kerr

Anent the Letters or lybell of Complaint purchased and raised before the Lords of his Majesties privy Councill at the instance of John Earle of Roxburgh and his Curators for their intrest viz Margaret Countes of Roxburgh John Marques of Tweddale John Lord Ballantyne Sir William Kerr of Greenhead Sir James Hay of Linphum, Thomas Mcdougall of McKerstoune for the said Earle of Roxburgh his intrest and alse for the intrest of John Davidson, Thomas Mabirne John Aitkine Thomas Kennedy elder George Hay William Turner elder Walter and William Taits James Wallace James Heline Androw Richardson Thomas Chisholm Alexander Wright elder James Remsteill Androw Greirson William Thorrbrand George Hay and Androw Mark George Haithie William Holme elder the said John Earle of Roxburgh his tenents in the toune of Midline and alse at the instance of the saids tennents for their oun intrest with Concourse of Sir James Stewart of Goodtrees his majesties advocat for his highnes intrest in the matter underwrittin Making Mention, That Forasmuchas the Crimes of falshood and makeing useing fenzieing of all maner of evidents acts obligationes accquittances and other wrytes what so ever is declared by the law to be a Cryme of a high Nature and that all persones guilty thereof are Ordained by the twentie second act fifth parliament of Queen Mary […] to be punished in their persones and goods with all rigour Viz proscription banishing and dismembering of hands or tongue and other payments provyded by the disposition of the Comon Law both Common Civill and Statuts of this realme Likeas by the twenty second act of the twentie thrid parliament of King James the Sixth It is Statute that whoever maketh use of a false wryte or is accessorie to the makeing therof shall be punished with the paynes due to the Committers of the false hood and that it shall not be Lawfull for the Counterfitter falsiefier or accessorie whatsoever to declare that he past from the wryte quarelled of falsehood especially when the said cryme of falsehood is agravated by Imposeing upon the publict Justice of this his majesties kingdome of Scotland and the authoritie and honor of the Lords of privy Councill and especially wher the falsifier and user of the false wrytes hath the presumption and confidence to make a trade of a Committing and practiseing other acts of violence and oppression in manifast Contempt of the Lawes and acts of parliament by Cutting and destroying of green wood and growing trees is declared by the Comon law and acts of parliament to be a Crime highly punishable as tending to the violatione of all acts and Lawes made for the increase of planting and pollicie and particularly by the Eightie Second act of the Eleventh parliament of King James the sixth, By which it is Declared that willfull destroyers and Cutters of young trees shall be punished unto death therfore at theeves especially wher the said Cryme is Joyned with manifast oppressione in a Continuall practise of Cutting the Samen within hamed ground and inclossers and Contrair to the trust reposed in the practiser therof who was expressly oblidged to the Contrairy as also the violent possession of other mens Lands is declared by the Lawes and acts of parliament to be a Cryme highly punishable as being of a Dangerous Nature tending to the violatione of the peace and tranquality of his Majesties ancient kingdome of Scotland by raiseing of Tumults and Convocations for preventing wherof ther have been many Lawes and acts of parliament made anent the peaceable removeing of tenents and declareing that such tennents and Declareing that such tennents as should not remove peacably after a legall order of warning Shall be repute as oppressors and violent possessors as is a ppointed by the threttie act of the sixth parliament of Queen Mary and by the Seventie Eight act of the Fourtein parliament of King James the Second, These that occupie Lords Lands against their wills the ground should be divided both of them and their goods and they should be Charged in his majesties name to make no more disturbance to the Lord or his ground in time comeing and if they doe in the Contrair their persones should be arreisted and sent to his Majesties ward, Which violent possession is especially agravated when the Same is Contained by tennents against their masters being Noblemen minors and out of this his Majesties kingdome by threatening their servants and others who were to take possession of the saids Lands with Guns Swords and other invasive weapons to the hazard and danger of their Lives Notwithstanding wherof it is of verity That Mr Mark Kerr tenent in Holyden being of a most Covetous and Turbulent temper makeing use of all Occasions that might Serve his unlawfull designes finding that in the year Jaj vic Nyntie and one years Ther was a division made of the Commuintie of Selkrig wherin ther was a Considerable share sett off for the said Earle of Roxburgh and his vassells and tennents in the Contiguous Lands of Midlem and Bowdom to be Subdivided. Amongst them with Consent of the said Earle of Roxburgh their Superior and master at his Lordships conveniencie The said Mr Mack to make profit of the said Common grounds did purchase some small share in the town of Midlem, and upon that pretext invaded the undivided Commuintie as if it hade been his own propertie Wherby he gave such disturbance to the Nighbour heritors that after severall ryetous tumults Wherby some of them were hurt to the Loss of their life Robert Eliot of Midlem milne one of these Nighbouring heritors was forced for his own securitie, and the securitie of his tennents to raise a Laborrowes before the Lords of his majesties privy Councill against the said defenders at which time the said defender for satisfieing their Lordships acts and Ordinance Ordaineing the said defender to find Caution in the saids Labborowes He then produced to the Clerks of Councill a false feinzied and Counterfit bond of Cautionrie in the name of the said John Davidson James Mabine John Aitken Thomas Kennedy elder George Hay William Turner elder Walter and William Taits James Vallance James Heline Androw Richardsone Thomas Chisholme, Alexander Wright elder James Ramcastle, Androw Greirson William Thorbrand elder George Hay Androw Mark George Heastie and William Heline elder bearing that they hade enacted themselves in the books of privy Councill and were bound Conjunctllie and severallie that the said Robert Eliot and his tennents Should be free of any Skath from the said Mr Mack and his tennents, And which bond being Suspected as to the Subscriptions of the saids parties being visible by occular inspection all to be wryten with the same hand, and with the same pen and ink, The said defender to procure the samen to be received did attest on the back therof the bond to be of a true date and subscrybed by the haill persones therin mentioned Which attestation bears that its wryten and Subscrybed by the said Mr Mack his oun hand the Eleventh day of March Jaj vic Nyntie and one years Likeas the said defender not being then brought to a due tryall for this gross and highneous Cryme of false hood and being therby encouradged to Continue in his Covetous and turbulent designes elicit from the late Robert Earle of Roxburgh a Tack of the Lands of Holyden for the space of Nyntein years, with the provision that the Earle and his Successors Should be free of the said tack upon premonitione to be made to the said defender fourtie dayes before expyreing the first four years the begining wherof was declared to be at Whitsunday Jaj vic Nyntie four, and he oblidged himself to remove at that time, Wherupon the said Earle and his Curaotrs, Haveing received information of the said Mr Mack his sadd practises and of his guilt of the forsaid crymes of Forgerie which hath been since his Committing therof discovered by the declarationes of the severall persones concerned and attested by Nottars that they could neither read nor wryt Which was notourly knowen to all the Countrey about as also of his guilt of distroying and cutting of the said Earle his growing trees within his park yeards and other inclosures at Holydean Contrair to the defenders express trust and oblidgment for preserveing and hayneing of the same They did premonish the said defender by a precept of warning duely execute against him upon the Second and thrid dayes of Aprile Jaj vic nyntie Eight years To remove from the saids Lords of Holydean Notwithstanding wherof and that he was requyred by forme of instrument to remove after elapseing of the said terme and which instrument bears That the said defenders had Violate the Conditions of his tack by Suffering the housses and park-dykes to goe to ruine and decay, and by destroyng and Cutting of the woods and spoilling of the Gordens Yet the said defender in manifast contempt of his majesties Lawes and dishonor and prejudice of the said pursuers; Continuers upon frivilous Quirks and pretences masterfully and wilfully in the violent possession of the said Earle his Lands and Therfore he ought to be punished as a falsiefier forger and feinzier of Corupt evidents, and as a distroyer and Cutter of green wood and growing trees and as ane oppressor and violent possessor of his Masters ground Contrair to all forme of Law, And that with the highest rigour Conforme to the Lawes and acts of parliament made theranent, and farder He ought to be decerned to remove from the saids Lands and Leave the ground therof void and red for the said Earle of Roxburgh and his tennents to enter therto at their pleasure, And he ought to be decerned in the Soume of Ten Thousand pounds Scots money of Loss and damnadge and his persone ought to be put in ward untill he find Caution to doe the Same peaceably and pay the Said Soume and he otherwayes punished in his persone and goods as the saids Lords of privy Councill Shall think fitting to the teror of others to Committ and doe the Like in time Comeing And Anent the Charge given to the said haill fornamed persons defenders To have Compeared personally before the saids Lords of his majesties privy Councill at ane Certaine day now bygone, To have answered to the grounds of the above Complaint and to have heard and seen such order and Course taken theranent as appertains as in the principall lybell or Letters of Complaint raised in the said matter at more Length is Contained The said Lybell or Letters of Complaint being upon the Sixth day of December instant Called in presence of the saids Lords of his Majesties privy Councill And the said John Earle of Roxburgh and the said William Turner William Taitt and Androw Greirsone thrie of the saids Earles tennents pursuers Compearing personally with Mr David Dalrymple and Mr Robert Bennet advocats for the haill pursuers, and the said Mr Mark Kerr defender Compearing also personally with Sir Alexander Home and Mr Thomas Skeen his advocats, The lybell and answers therto being read and both parties procurators fully heard, The saids Lords of privy Councill admitted the lybell to probatione and the haill witnesses except thrie as marked in the roll haveing made faith at the Councill barr, The Councill Nominated and appointed a Committie of their own number to examine the saids witnesses And Recommended to the Committie to endeavor to Setle and agree the parties And the Said Committie Haveing accordingly mett and Called for and Spoke with the said Earle and the said Mr Mark, They returned their report in the said matter to the Councill Which report is not only Subscrybed by the Lord president of the said Committie Bot Likewayes by the said Earle of Roxburgh and Mr Mark Kerr as parties, Whilk Report being this day read in presence of the saids Lords of his Majesties privy Councill And they haveing at Length Seen and Considered the Same They have approven and hereby Approves therof and particularly approves of the said Mr Mark Kerr his haveing Condescended to pass from the tack Lybelled and of his giveing up the Same to the Said Earle before the said Committie as the report bears And Decernes and Ordaines the said Mr Mark Kerr to put the dykes in alse good Condition as when he entered, The Said Earle of Roxburgh performeing to him the termes of ane act of sederunt of the Earles Currators made at Kelso the […] day of […] Wherby the Earle is oblidged to give Mr Mark some bolls of victuall for keeping up the dykes, And Decernes and Ordaines the said Mr Mark Kerr to leave the ground void and redd to the said Earle of Roxburgh at Whitsunday nixt to come So that the Earle or any in his name may enter therto And the saids Lords Declares the said Mr Mark is to Sow the ground and have the Cropt alongst with him for which he is to pay the Earle the years rent And in respect the Earle by the report has Discharged and past from the Councill proces abovewryten against the said Master Mark Therfore the saids Lords have assoylzied and hereby Assoylzies the said Mr Mark from the forsaid lybell or Letters of Complaint raised at the instance of the said Earle against him And Declares him quitt therof and free therfrae in all time comeing, And the saids Lords of his Majesties privy Councill Have Declared and hereby Declairs That the said Mr Mark Kerr is to plow no more then what he plowed Last year except the foldings extending to about five or six bolls sowing, And Ordains Letters of horning on fiftein dayes and other executorialls needfull under the Signet of Councill to be direct hereon in forme as effeirs.

Att Edinburgh The Fifteinth day of December Jaj vic Nyntie Eight years

D1698/12/71

Decreet

Decreet Earl of Roxburgh against Mr Mark Kerr

Anent the Letters or lybell of Complaint purchased and raised before the Lords of his Majesties privy Councill at the instance of John Earle of Roxburgh and his Curators for their intrest viz Margaret Countes of Roxburgh John Marques of Tweddale John Lord Ballantyne Sir William Kerr of Greenhead Sir James Hay of Linphum, Thomas Mcdougall of McKerstoune for the said Earle of Roxburgh his intrest and alse for the intrest of John Davidson, Thomas Mabirne John Aitkine Thomas Kennedy elder George Hay William Turner elder Walter and William Taits James Wallace James Heline Androw Richardson Thomas Chisholm Alexander Wright elder James Remsteill Androw Greirson William Thorrbrand George Hay and Androw Mark George Haithie William Holme elder the said John Earle of Roxburgh his tenents in the toune of Midline and alse at the instance of the saids tennents for their oun intrest with Concourse of Sir James Stewart of Goodtrees his majesties advocat for his highnes intrest in the matter underwrittin Making Mention, That Forasmuchas the Crimes of falshood and makeing useing fenzieing of all maner of evidents acts obligationes accquittances and other wrytes what so ever is declared by the law to be a Cryme of a high Nature and that all persones guilty thereof are Ordained by the twentie second act fifth parliament of Queen Mary […] to be punished in their persones and goods with all rigour Viz proscription banishing and dismembering of hands or tongue and other payments provyded by the disposition of the Comon Law both Common Civill and Statuts of this realme Likeas by the twenty second act of the twentie thrid parliament of King James the Sixth It is Statute that whoever maketh use of a false wryte or is accessorie to the makeing therof shall be punished with the paynes due to the Committers of the false hood and that it shall not be Lawfull for the Counterfitter falsiefier or accessorie whatsoever to declare that he past from the wryte quarelled of falsehood especially when the said cryme of falsehood is agravated by Imposeing upon the publict Justice of this his majesties kingdome of Scotland and the authoritie and honor of the Lords of privy Councill and especially wher the falsifier and user of the false wrytes hath the presumption and confidence to make a trade of a Committing and practiseing other acts of violence and oppression in manifast Contempt of the Lawes and acts of parliament by Cutting and destroying of green wood and growing trees is declared by the Comon law and acts of parliament to be a Crime highly punishable as tending to the violatione of all acts and Lawes made for the increase of planting and pollicie and particularly by the Eightie Second act of the Eleventh parliament of King James the sixth, By which it is Declared that willfull destroyers and Cutters of young trees shall be punished unto death therfore at theeves especially wher the said Cryme is Joyned with manifast oppressione in a Continuall practise of Cutting the Samen within hamed ground and inclossers and Contrair to the trust reposed in the practiser therof who was expressly oblidged to the Contrairy as also the violent possession of other mens Lands is declared by the Lawes and acts of parliament to be a Cryme highly punishable as being of a Dangerous Nature tending to the violatione of the peace and tranquality of his Majesties ancient kingdome of Scotland by raiseing of Tumults and Convocations for preventing wherof ther have been many Lawes and acts of parliament made anent the peaceable removeing of tenents and declareing that such tennents and Declareing that such tennents as should not remove peacably after a legall order of warning Shall be repute as oppressors and violent possessors as is a ppointed by the threttie act of the sixth parliament of Queen Mary and by the Seventie Eight act of the Fourtein parliament of King James the Second, These that occupie Lords Lands against their wills the ground should be divided both of them and their goods and they should be Charged in his majesties name to make no more disturbance to the Lord or his ground in time comeing and if they doe in the Contrair their persones should be arreisted and sent to his Majesties ward, Which violent possession is especially agravated when the Same is Contained by tennents against their masters being Noblemen minors and out of this his Majesties kingdome by threatening their servants and others who were to take possession of the saids Lands with Guns Swords and other invasive weapons to the hazard and danger of their Lives Notwithstanding wherof it is of verity That Mr Mark Kerr tenent in Holyden being of a most Covetous and Turbulent temper makeing use of all Occasions that might Serve his unlawfull designes finding that in the year Jaj vic Nyntie and one years Ther was a division made of the Commuintie of Selkrig wherin ther was a Considerable share sett off for the said Earle of Roxburgh and his vassells and tennents in the Contiguous Lands of Midlem and Bowdom to be Subdivided. Amongst them with Consent of the said Earle of Roxburgh their Superior and master at his Lordships conveniencie The said Mr Mack to make profit of the said Common grounds did purchase some small share in the town of Midlem, and upon that pretext invaded the undivided Commuintie as if it hade been his own propertie Wherby he gave such disturbance to the Nighbour heritors that after severall ryetous tumults Wherby some of them were hurt to the Loss of their life Robert Eliot of Midlem milne one of these Nighbouring heritors was forced for his own securitie, and the securitie of his tennents to raise a Laborrowes before the Lords of his majesties privy Councill against the said defenders at which time the said defender for satisfieing their Lordships acts and Ordinance Ordaineing the said defender to find Caution in the saids Labborowes He then produced to the Clerks of Councill a false feinzied and Counterfit bond of Cautionrie in the name of the said John Davidson James Mabine John Aitken Thomas Kennedy elder George Hay William Turner elder Walter and William Taits James Vallance James Heline Androw Richardsone Thomas Chisholme, Alexander Wright elder James Ramcastle, Androw Greirson William Thorbrand elder George Hay Androw Mark George Heastie and William Heline elder bearing that they hade enacted themselves in the books of privy Councill and were bound Conjunctllie and severallie that the said Robert Eliot and his tennents Should be free of any Skath from the said Mr Mack and his tennents, And which bond being Suspected as to the Subscriptions of the saids parties being visible by occular inspection all to be wryten with the same hand, and with the same pen and ink, The said defender to procure the samen to be received did attest on the back therof the bond to be of a true date and subscrybed by the haill persones therin mentioned Which attestation bears that its wryten and Subscrybed by the said Mr Mack his oun hand the Eleventh day of March Jaj vic Nyntie and one years Likeas the said defender not being then brought to a due tryall for this gross and highneous Cryme of false hood and being therby encouradged to Continue in his Covetous and turbulent designes elicit from the late Robert Earle of Roxburgh a Tack of the Lands of Holyden for the space of Nyntein years, with the provision that the Earle and his Successors Should be free of the said tack upon premonitione to be made to the said defender fourtie dayes before expyreing the first four years the begining wherof was declared to be at Whitsunday Jaj vic Nyntie four, and he oblidged himself to remove at that time, Wherupon the said Earle and his Curaotrs, Haveing received information of the said Mr Mack his sadd practises and of his guilt of the forsaid crymes of Forgerie which hath been since his Committing therof discovered by the declarationes of the severall persones concerned and attested by Nottars that they could neither read nor wryt Which was notourly knowen to all the Countrey about as also of his guilt of distroying and cutting of the said Earle his growing trees within his park yeards and other inclosures at Holydean Contrair to the defenders express trust and oblidgment for preserveing and hayneing of the same They did premonish the said defender by a precept of warning duely execute against him upon the Second and thrid dayes of Aprile Jaj vic nyntie Eight years To remove from the saids Lords of Holydean Notwithstanding wherof and that he was requyred by forme of instrument to remove after elapseing of the said terme and which instrument bears That the said defenders had Violate the Conditions of his tack by Suffering the housses and park-dykes to goe to ruine and decay, and by destroyng and Cutting of the woods and spoilling of the Gordens Yet the said defender in manifast contempt of his majesties Lawes and dishonor and prejudice of the said pursuers; Continuers upon frivilous Quirks and pretences masterfully and wilfully in the violent possession of the said Earle his Lands and Therfore he ought to be punished as a falsiefier forger and feinzier of Corupt evidents, and as a distroyer and Cutter of green wood and growing trees and as ane oppressor and violent possessor of his Masters ground Contrair to all forme of Law, And that with the highest rigour Conforme to the Lawes and acts of parliament made theranent, and farder He ought to be decerned to remove from the saids Lands and Leave the ground therof void and red for the said Earle of Roxburgh and his tennents to enter therto at their pleasure, And he ought to be decerned in the Soume of Ten Thousand pounds Scots money of Loss and damnadge and his persone ought to be put in ward untill he find Caution to doe the Same peaceably and pay the Said Soume and he otherwayes punished in his persone and goods as the saids Lords of privy Councill Shall think fitting to the teror of others to Committ and doe the Like in time Comeing And Anent the Charge given to the said haill fornamed persons defenders To have Compeared personally before the saids Lords of his majesties privy Councill at ane Certaine day now bygone, To have answered to the grounds of the above Complaint and to have heard and seen such order and Course taken theranent as appertains as in the principall lybell or Letters of Complaint raised in the said matter at more Length is Contained The said Lybell or Letters of Complaint being upon the Sixth day of December instant Called in presence of the saids Lords of his Majesties privy Councill And the said John Earle of Roxburgh and the said William Turner William Taitt and Androw Greirsone thrie of the saids Earles tennents pursuers Compearing personally with Mr David Dalrymple and Mr Robert Bennet advocats for the haill pursuers, and the said Mr Mark Kerr defender Compearing also personally with Sir Alexander Home and Mr Thomas Skeen his advocats, The lybell and answers therto being read and both parties procurators fully heard, The saids Lords of privy Councill admitted the lybell to probatione and the haill witnesses except thrie as marked in the roll haveing made faith at the Councill barr, The Councill Nominated and appointed a Committie of their own number to examine the saids witnesses And Recommended to the Committie to endeavor to Setle and agree the parties And the Said Committie Haveing accordingly mett and Called for and Spoke with the said Earle and the said Mr Mark, They returned their report in the said matter to the Councill Which report is not only Subscrybed by the Lord president of the said Committie Bot Likewayes by the said Earle of Roxburgh and Mr Mark Kerr as parties, Whilk Report being this day read in presence of the saids Lords of his Majesties privy Councill And they haveing at Length Seen and Considered the Same They have approven and hereby Approves therof and particularly approves of the said Mr Mark Kerr his haveing Condescended to pass from the tack Lybelled and of his giveing up the Same to the Said Earle before the said Committie as the report bears And Decernes and Ordaines the said Mr Mark Kerr to put the dykes in alse good Condition as when he entered, The Said Earle of Roxburgh performeing to him the termes of ane act of sederunt of the Earles Currators made at Kelso the […] day of […] Wherby the Earle is oblidged to give Mr Mark some bolls of victuall for keeping up the dykes, And Decernes and Ordaines the said Mr Mark Kerr to leave the ground void and redd to the said Earle of Roxburgh at Whitsunday nixt to come So that the Earle or any in his name may enter therto And the saids Lords Declares the said Mr Mark is to Sow the ground and have the Cropt alongst with him for which he is to pay the Earle the years rent And in respect the Earle by the report has Discharged and past from the Councill proces abovewryten against the said Master Mark Therfore the saids Lords have assoylzied and hereby Assoylzies the said Mr Mark from the forsaid lybell or Letters of Complaint raised at the instance of the said Earle against him And Declares him quitt therof and free therfrae in all time comeing, And the saids Lords of his Majesties privy Councill Have Declared and hereby Declairs That the said Mr Mark Kerr is to plow no more then what he plowed Last year except the foldings extending to about five or six bolls sowing, And Ordains Letters of horning on fiftein dayes and other executorialls needfull under the Signet of Councill to be direct hereon in forme as effeirs.

1. NRS, PC2/27, 159v-163v.

1. NRS, PC2/27, 159v-163v.

Sederunt, 15 December 1698, Edinburgh

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Att Edinburgh The Fifteinth day of December Jaj vic Nyntie Eight years1

D1698/12/62

Sederunt

Lord Chancelor; Duke of Queensberry P.S:; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Mortone; Earl of Buchan; Earl of Lowdon; Earl of Anandale; Earl of Northesk; Lord Strathnaver; Lord Polwarth; Lord Carmichell; Lord Ruthven; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Aberurchill; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Lord Phesdoe; Mr Fr: Montgomrie; Laird of Pollock; Laird of Blackbarrony; Laird of Stivenson; Lord Provest of Edinburgh

Att Edinburgh The Fifteinth day of December Jaj vic Nyntie Eight years1

D1698/12/62

Sederunt

Lord Chancelor; Duke of Queensberry P.S:; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Mortone; Earl of Buchan; Earl of Lowdon; Earl of Anandale; Earl of Northesk; Lord Strathnaver; Lord Polwarth; Lord Carmichell; Lord Ruthven; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Aberurchill; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Lord Phesdoe; Mr Fr: Montgomrie; Laird of Pollock; Laird of Blackbarrony; Laird of Stivenson; Lord Provest of Edinburgh

1. NRS, PC2/27, 159r.

2. NRS, PC2/27, 159r.

1. NRS, PC2/27, 159r.

2. NRS, PC2/27, 159r.

Act, 15 December 1698, Edinburgh

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Att Edinburgh The Fifteenth day of December Jaj vjc nynty and Eight years

A1698/12/171

Act

Act Liberating Alexander Gibb a papist

Anent The Petition given in To the Lords of his majesties privy Councill By Alexander Gibb prisoner in the Tolbooth of Edinburgh Shewing That where about Fyve moneths agoe he was Brought prisoner from Aberdeen on the account That a meeting of papists was seased in Two upper rooms pertaining to him and possessed by Two Women Lodgers That payed him Rent for the same, at which tyme he hes lyen prisoner in the Tolbooth of Edinburgh In great distress by Reason of poverty sickness and old age being about seventy Three years of age. And seing He is charged with nothing Else, And That he is content if their Lordships shall so appoint not to Return To the Town of Aberdeen, Tho he can hardly live Elsewhere without their Lordships Licence And Therfore Humbly craving to the Effect underwrittin as the said petition Bears. The saids Lords of his majesties privy Councill. Having considered this petition given in to them By the above Alexander Gibb, They heirby Give order and warrant to the magistrats of Edinburgh and Keeper of their Tolbooth To sett the petitioner at Liberty furth thereof. In Respect he hes Enacted him self In the Books of privy Councill That he shall not Return to the Town of Aberdeen without his majesties or the Councills warrant for that Effect under the penalty of Five Hundereth merks Scots money in caice of failzie.

Att Edinburgh The Fifteenth day of December Jaj vjc nynty and Eight years

A1698/12/171

Act

Act Liberating Alexander Gibb a papist

Anent The Petition given in To the Lords of his majesties privy Councill By Alexander Gibb prisoner in the Tolbooth of Edinburgh Shewing That where about Fyve moneths agoe he was Brought prisoner from Aberdeen on the account That a meeting of papists was seased in Two upper rooms pertaining to him and possessed by Two Women Lodgers That payed him Rent for the same, at which tyme he hes lyen prisoner in the Tolbooth of Edinburgh In great distress by Reason of poverty sickness and old age being about seventy Three years of age. And seing He is charged with nothing Else, And That he is content if their Lordships shall so appoint not to Return To the Town of Aberdeen, Tho he can hardly live Elsewhere without their Lordships Licence And Therfore Humbly craving to the Effect underwrittin as the said petition Bears. The saids Lords of his majesties privy Councill. Having considered this petition given in to them By the above Alexander Gibb, They heirby Give order and warrant to the magistrats of Edinburgh and Keeper of their Tolbooth To sett the petitioner at Liberty furth thereof. In Respect he hes Enacted him self In the Books of privy Councill That he shall not Return to the Town of Aberdeen without his majesties or the Councills warrant for that Effect under the penalty of Five Hundereth merks Scots money in caice of failzie.

1. NRS, PC1/51, 505.

1. NRS, PC1/51, 505.

Letter, 15 December 1698, Edinburgh

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Att Edinburgh The Fifteenth day of December Jaj vjc nynty and Eight years

A1698/12/161

Letter

Letter Lord high Chancellor of Scotland To The Lords cheif Justices of Ireland

A Letter Lord Chancellor To Lords cheif Justices of Ireland anent meal and malt to Fortwilliam The Councill having Recomended to the Lord high Chancelor To write the forsaid Letter. follows the tenor thereof:
My Lords, The Scarcity of Corn about his majesties Garrison att Fortwilliam, and other small Garrisons upon that coast at present under the direction and command of Brigadier Generall James Maitland and the difficulty in Transporting oat meal and malt necessar for their Subsistince from the Inland parts of this Kingdom at this Season of the year moved the Brigadier sometyme agoe To Apply To his Majesties privy Councill to Interceed with your Excellencies for Licence to Export from the Kingdom of Ireland The number of Fifteen hundered Bolls of meal and malt for the present Releif of these Garrisons. For which End their Being a vessell ready fraughted in the Kingdom of Ireland for Export thereof, he is advised by his Correspondent their, That by ane order from your Excellencies The vessell is discharged to Export victuall. Whereupon his Majesties privy Councill of this Kingdom. Considering how much it doth Import his majesties service That these Garrisons be tymously supplyed, did Earnestly Recommend it to me To intreat your Excellencies in their name, That the orders and allowance necessary may be given for suffering fifteen hundered Bolls of oat meal and malt to be bought up at any place of the north of Ireland By the said Brigadier Maitland or his order and Exported from thence to the Garrison of Fortwilliam in Scotland for the above said uses without any Trouble or hinderance. As the Granting heirof will be good service to his Majestie In the seaseonable releif of these Garrisons, so it will oblidge us upon the Like occasions To give Ready Complyance with what your Excellencies at any tyme shall propose for the Advantage of the Kingdom of Ireland, according to the good Correspondence necessary to be Kept betwixt these Two Kingdomes, This By order of his majesties privy Councill of Scotland and in their name is signed by and subscrived Thus My Lords your Excellencies most humble Servant. directed thus. To ther Excellencies The Marquiss of Winchester and the Earle of Gallaway Lords Justices of the Kingdom of Ireland.

Att Edinburgh The Fifteenth day of December Jaj vjc nynty and Eight years

A1698/12/161

Letter

Letter Lord high Chancellor of Scotland To The Lords cheif Justices of Ireland

A Letter Lord Chancellor To Lords cheif Justices of Ireland anent meal and malt to Fortwilliam The Councill having Recomended to the Lord high Chancelor To write the forsaid Letter. follows the tenor thereof:
My Lords, The Scarcity of Corn about his majesties Garrison att Fortwilliam, and other small Garrisons upon that coast at present under the direction and command of Brigadier Generall James Maitland and the difficulty in Transporting oat meal and malt necessar for their Subsistince from the Inland parts of this Kingdom at this Season of the year moved the Brigadier sometyme agoe To Apply To his Majesties privy Councill to Interceed with your Excellencies for Licence to Export from the Kingdom of Ireland The number of Fifteen hundered Bolls of meal and malt for the present Releif of these Garrisons. For which End their Being a vessell ready fraughted in the Kingdom of Ireland for Export thereof, he is advised by his Correspondent their, That by ane order from your Excellencies The vessell is discharged to Export victuall. Whereupon his Majesties privy Councill of this Kingdom. Considering how much it doth Import his majesties service That these Garrisons be tymously supplyed, did Earnestly Recommend it to me To intreat your Excellencies in their name, That the orders and allowance necessary may be given for suffering fifteen hundered Bolls of oat meal and malt to be bought up at any place of the north of Ireland By the said Brigadier Maitland or his order and Exported from thence to the Garrison of Fortwilliam in Scotland for the above said uses without any Trouble or hinderance. As the Granting heirof will be good service to his Majestie In the seaseonable releif of these Garrisons, so it will oblidge us upon the Like occasions To give Ready Complyance with what your Excellencies at any tyme shall propose for the Advantage of the Kingdom of Ireland, according to the good Correspondence necessary to be Kept betwixt these Two Kingdomes, This By order of his majesties privy Councill of Scotland and in their name is signed by and subscrived Thus My Lords your Excellencies most humble Servant. directed thus. To ther Excellencies The Marquiss of Winchester and the Earle of Gallaway Lords Justices of the Kingdom of Ireland.

1. NRS, PC1/51, 504-5.

1. NRS, PC1/51, 504-5.

Proclamation, 15 December 1698, Edinburgh

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Att Edinburgh The Fifteenth day of December Jaj vjc nynty and Eight years

A1698/12/151

Proclamation

Proclamation Anent the Collectors of Polemoney and other points relating thereto

The following Proclamation Being read was votted approven and signed and ordered to be published and Recorded whereof the Tenor follows:
William By the Grace of God King of great Brittan France and Ireland defender of the faith To […] macers of our privy Councill messengers at arms our sheriffs in that pairt Conjunctlie and Severallie Specialy Constitute Greeting. Forasmuchas The Polemony for Two years granted To us by the Twelfth and Twenty fifth acts of the Last session of our current parliament is set in Tack and fermed with the benefite of the acts of parliament Imposing the same, And Considering That the tyme of payment of the said First years polemony does now approach and draw near, and that sundry of our Leidges by negligence or other ways, may be obnoxiously and in hazard of Incurring the penalty contained in the forsaid act of parliament If they shall not make due and punctuall payment of their respective polemoney in manner and within the tyme therein prefixt to such Collectors and at such places as shall be appointed for that Effect. For preventing of which Inconveniency and that none may pretend Ignorance Wee with Advice of the Lords of our privy Councill heirby Require and Command the sheriffs of the severall shires within this Kingdom and their Deputs, To cause Intimation be made at the severall paroch-kirk-doors within this Kingdom after the forenoons Sermon upon the Last Lords day of this current moneth of December. To all our Leidges lyable in payment of polemoney, That without fail They make payment of the soumes of money wherein they are Lyable as polemony To the Collectors of our Cess and supplie within the several shires Respective at the head Burgh of the said shire upon the First day of January next to Come or within Thirty days thereafter. Certifieing such as shall not make punctuall payment at the said first day of January or within the said Thirty days therafter. They shall be lyable in the Double, If paying within other Thirty days therafter; or if failzieing after both the saids Thirty days in the quadruple of their pole. And wee with advice forsaid, Require and Command the Commissioners of supply and Assessment within the severall shires of this Kingdom; To meet and Conveen Betwixt and the First day of January next to Come att their ordinary place of meeting, And There To call and Conveen before them The Collectors of the cess and Supplie within their Respective Shires And Require them within Eight days after the said meeting To find the same soverty and Caution or such other alse sufficient Caution For whom they shall be answerable for their faithfull Collecting of the forsaid polemoney. Conform to the Books and Lists to be given to them By our saids Farmers, of the poleable persons within the saids respective Shires, and that they shall make and faithfull and tymous payment of the said polemoney and of what shall be uplifted and collected By them of the same any manner of way. To William Cochran of Ferguslie farmer of the said polemoney or any having his order, and that at the End of each Thirty days of grace given by the act of parliament and with a List of the particular payments made in Each of the said Thirty days Subscrived be the saids Collectors, and to be by them given in to the said William Cochran of Fherguslie and his forsaids. Certifieing the saids Collectors of Cess and supply who shall faill To find caution for the Effect forsaid within the tyme above prefixt, They shall ipso facto sease to be Collectors of our Cess and supplie and shall be utterly uncapable to be continued any Longer in the said office; But the said Commissioners of Cess and Supplie are heirby authorized and Required Immediately after Elapsing of the Forsaid days, To meet and make choice of, nominate and appoint and appoint2 some other sufficient and Responsall person To be Collector of the Cess and supply within their shire and of the polemoney Imposed by the forsaid act of parliament who shall find good and sufficient caution in manner forsaid not only for Collecting our Cess and Supply, But for the Effectuall collecting and paying in the forsaid polemoney To the said Wiliam Cochran fermer thereof in manner abovementioned. And Wee with advice forsaid Require and Comand the saids Collectors finding caution in manner forsaid, To give their attendance att the head Burghs of the severall shires from and after the first day of January next to come for collecting Receaving and uplifting the said polemoney, in the same way and manner that they give their attendance for receaving the Cess and Supply and That during the Two moneths of January and February next to come And To grant discharges gratis, But always of True dates to the several persons concerned upon payment of the polemoney Expressing the soumes paid by them, and the saids Collectors of supply within the severall shires are heirby allowed to Retain in their own hands one per Cent of the whole polemoney collected and uplifted by them within their Respective shires for their pains and travell in the premises. And wee with Advice forsaid Require and command all persons Lyable in polemoney to make due and punctuall payment thereof at the head Burghs of the severall shires, To such persons who shall be Collectors of supply within the samen after the First of January next to come under the pains contained in the said act of parliament and heirin Exprest And the discharges to be granted by the saids Collectors in manner abovementioned shall be alse sufficient to the receavers as if the samen had been granted by the said Wiliam Cochran of Ferguslie our fermer himself. Our will is Heirfore And wee Charge yow strictly and Command, That Incontinent these our Letters Seen, yee pass to the mercat Cross of Edinburgh and remanent mercat crosses of the hail head Burghs of the severall shires and stewartries within this Kingdom, And Their in our name and authority make publication heirof. And wee ordain our solicitor to transmitt a sufficient number of printed Coppies heirof, To the sherifs of the several shires, stewarts of stewartries, to be by them sent to the ministers of the severall paroches within their bounds to be published after divine service in the forenoon upon the said Last Lords day of december Current. And ordains these presents to be printed and published, That none may pretend Ignorance. Givin under our Signet att Edinburgh The fifteenth day of December And of our Reign the 10th year 1698 sic subscribitur.

Att Edinburgh The Fifteenth day of December Jaj vjc nynty and Eight years

A1698/12/151

Proclamation

Proclamation Anent the Collectors of Polemoney and other points relating thereto

The following Proclamation Being read was votted approven and signed and ordered to be published and Recorded whereof the Tenor follows:
William By the Grace of God King of great Brittan France and Ireland defender of the faith To […] macers of our privy Councill messengers at arms our sheriffs in that pairt Conjunctlie and Severallie Specialy Constitute Greeting. Forasmuchas The Polemony for Two years granted To us by the Twelfth and Twenty fifth acts of the Last session of our current parliament is set in Tack and fermed with the benefite of the acts of parliament Imposing the same, And Considering That the tyme of payment of the said First years polemony does now approach and draw near, and that sundry of our Leidges by negligence or other ways, may be obnoxiously and in hazard of Incurring the penalty contained in the forsaid act of parliament If they shall not make due and punctuall payment of their respective polemoney in manner and within the tyme therein prefixt to such Collectors and at such places as shall be appointed for that Effect. For preventing of which Inconveniency and that none may pretend Ignorance Wee with Advice of the Lords of our privy Councill heirby Require and Command the sheriffs of the severall shires within this Kingdom and their Deputs, To cause Intimation be made at the severall paroch-kirk-doors within this Kingdom after the forenoons Sermon upon the Last Lords day of this current moneth of December. To all our Leidges lyable in payment of polemoney, That without fail They make payment of the soumes of money wherein they are Lyable as polemony To the Collectors of our Cess and supplie within the several shires Respective at the head Burgh of the said shire upon the First day of January next to Come or within Thirty days thereafter. Certifieing such as shall not make punctuall payment at the said first day of January or within the said Thirty days therafter. They shall be lyable in the Double, If paying within other Thirty days therafter; or if failzieing after both the saids Thirty days in the quadruple of their pole. And wee with advice forsaid, Require and Command the Commissioners of supply and Assessment within the severall shires of this Kingdom; To meet and Conveen Betwixt and the First day of January next to Come att their ordinary place of meeting, And There To call and Conveen before them The Collectors of the cess and Supplie within their Respective Shires And Require them within Eight days after the said meeting To find the same soverty and Caution or such other alse sufficient Caution For whom they shall be answerable for their faithfull Collecting of the forsaid polemoney. Conform to the Books and Lists to be given to them By our saids Farmers, of the poleable persons within the saids respective Shires, and that they shall make and faithfull and tymous payment of the said polemoney and of what shall be uplifted and collected By them of the same any manner of way. To William Cochran of Ferguslie farmer of the said polemoney or any having his order, and that at the End of each Thirty days of grace given by the act of parliament and with a List of the particular payments made in Each of the said Thirty days Subscrived be the saids Collectors, and to be by them given in to the said William Cochran of Fherguslie and his forsaids. Certifieing the saids Collectors of Cess and supply who shall faill To find caution for the Effect forsaid within the tyme above prefixt, They shall ipso facto sease to be Collectors of our Cess and supplie and shall be utterly uncapable to be continued any Longer in the said office; But the said Commissioners of Cess and Supplie are heirby authorized and Required Immediately after Elapsing of the Forsaid days, To meet and make choice of, nominate and appoint and appoint2 some other sufficient and Responsall person To be Collector of the Cess and supply within their shire and of the polemoney Imposed by the forsaid act of parliament who shall find good and sufficient caution in manner forsaid not only for Collecting our Cess and Supply, But for the Effectuall collecting and paying in the forsaid polemoney To the said Wiliam Cochran fermer thereof in manner abovementioned. And Wee with advice forsaid Require and Comand the saids Collectors finding caution in manner forsaid, To give their attendance att the head Burghs of the severall shires from and after the first day of January next to come for collecting Receaving and uplifting the said polemoney, in the same way and manner that they give their attendance for receaving the Cess and Supply and That during the Two moneths of January and February next to come And To grant discharges gratis, But always of True dates to the several persons concerned upon payment of the polemoney Expressing the soumes paid by them, and the saids Collectors of supply within the severall shires are heirby allowed to Retain in their own hands one per Cent of the whole polemoney collected and uplifted by them within their Respective shires for their pains and travell in the premises. And wee with Advice forsaid Require and command all persons Lyable in polemoney to make due and punctuall payment thereof at the head Burghs of the severall shires, To such persons who shall be Collectors of supply within the samen after the First of January next to come under the pains contained in the said act of parliament and heirin Exprest And the discharges to be granted by the saids Collectors in manner abovementioned shall be alse sufficient to the receavers as if the samen had been granted by the said Wiliam Cochran of Ferguslie our fermer himself. Our will is Heirfore And wee Charge yow strictly and Command, That Incontinent these our Letters Seen, yee pass to the mercat Cross of Edinburgh and remanent mercat crosses of the hail head Burghs of the severall shires and stewartries within this Kingdom, And Their in our name and authority make publication heirof. And wee ordain our solicitor to transmitt a sufficient number of printed Coppies heirof, To the sherifs of the several shires, stewarts of stewartries, to be by them sent to the ministers of the severall paroches within their bounds to be published after divine service in the forenoon upon the said Last Lords day of december Current. And ordains these presents to be printed and published, That none may pretend Ignorance. Givin under our Signet att Edinburgh The fifteenth day of December And of our Reign the 10th year 1698 sic subscribitur.

1. NRS, PC1/51, 502-4.

2. Sic.

1. NRS, PC1/51, 502-4.

2. Sic.

Commission by the Council, 15 December 1698, Edinburgh

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Att Edinburgh The Fifteenth day of December Jaj vjc nynty and Eight years

A1698/12/141

Commission by the Council

Commission To Alexander Maxwell for seizeing Irish Catle

The Lords of his majesties privy Councill have Recalled and heirby Recalls The act and Commission granted by their Lordships In favours of Thomas Richardson writer In Edinburgh For seizeing and apprehending all Irish horse and catle dated the Eleventh of May Last bypast, And Declares the said act to be void and null from the day and date heirof. And The saids Lords of his Majesties privy Councill having Considered The Act of parliament dated the Fourteenth day of June Jaj vic Eighty six years and proclamation of Councill of the Thirteenth of March Jaj vic nynty four years. Discharging the Importing of Catle from Ireland Doe for the Better Execution thereof and making the samen more Effectual Grant Full power warrand and Commission to Alexander Maxwell postmaster at Air, By himself his Deputs stewarts, And such as he shall Think fitt to appoint for whom he is to be answerable To Search For and apprehend all Irish horse and catle, That is all horse mares nolt and sheep or other Cattell, That shall be Imported Into this Kingdom from and after the day and date heirof And That at any port harbour or other pairt of the Coast Betwixt The firth of Saluay and the Town and Shire of Air And further unto the Sound of Mull Inclusive with Liberty also to him and his forsaids To seize upon any such horse and nolt that he can find Resett besouth the River of Forth, And to cause value and comprise the samen, and to Exact the penalty of ane hundered merks Scots, for each beast Imported after the day forsaid from the Importer as also from the Resetter, Conform to the said act of parliament. The one half of the value both of beasts and fine, To be made Furthcoming to the Lords Commissioners of his majesties Thesaury for his majesties use, And The other half to Belong To The said Alexander Maxwell and his forsaids as the said act Appoints. And sicklike they heirby grant full power warrant and Commission To the said Alexander Maxwell To make Exact Enquirie and search anent whatsoever persons, That have Imported any of the forsaids Irish Catle since the Thirteenth of March Jaj vic nynty and seven years within the bounds forsaids and to prosecute them, as also the Resetters for their transgression of the said act and the pains thereof conform to the said act in all points. And The saids Lords for the said Alexander Maxwell and his forsaids Their Encouradgement and Expence in faithfully prosecuteing this present Commission, Doe not only allow him the Kings half of the saids Seizing and fines By and attour what may Belong to him as apprehender or discoverer But Likeways Recommends him to the Lords Commissioners of his Majesties Thesaury for the soume of ane Hundered pounds Sterling, He always Imputing in payment thereof what he shall actually Receave of the Kings pairt as said is. As also he before Extracting heirof giving Bond and Finding sufficient Caution for himself and his forsaids acted in the Books of privy Councill for their faithfull performance of the premises under the penalty of Two hundered pounds Sterling, And declares this Commission shall Endure during the Councills pleasure and no Longer. Sic subscribitur Marchmont Cancellar. Queensberrie. Argyll Mar. Morton. Loudown, Annandale Northesk. Francis Montgomry. John Maxwell.

Att Edinburgh The Fifteenth day of December Jaj vjc nynty and Eight years

A1698/12/141

Commission by the Council

Commission To Alexander Maxwell for seizeing Irish Catle

The Lords of his majesties privy Councill have Recalled and heirby Recalls The act and Commission granted by their Lordships In favours of Thomas Richardson writer In Edinburgh For seizeing and apprehending all Irish horse and catle dated the Eleventh of May Last bypast, And Declares the said act to be void and null from the day and date heirof. And The saids Lords of his Majesties privy Councill having Considered The Act of parliament dated the Fourteenth day of June Jaj vic Eighty six years and proclamation of Councill of the Thirteenth of March Jaj vic nynty four years. Discharging the Importing of Catle from Ireland Doe for the Better Execution thereof and making the samen more Effectual Grant Full power warrand and Commission to Alexander Maxwell postmaster at Air, By himself his Deputs stewarts, And such as he shall Think fitt to appoint for whom he is to be answerable To Search For and apprehend all Irish horse and catle, That is all horse mares nolt and sheep or other Cattell, That shall be Imported Into this Kingdom from and after the day and date heirof And That at any port harbour or other pairt of the Coast Betwixt The firth of Saluay and the Town and Shire of Air And further unto the Sound of Mull Inclusive with Liberty also to him and his forsaids To seize upon any such horse and nolt that he can find Resett besouth the River of Forth, And to cause value and comprise the samen, and to Exact the penalty of ane hundered merks Scots, for each beast Imported after the day forsaid from the Importer as also from the Resetter, Conform to the said act of parliament. The one half of the value both of beasts and fine, To be made Furthcoming to the Lords Commissioners of his majesties Thesaury for his majesties use, And The other half to Belong To The said Alexander Maxwell and his forsaids as the said act Appoints. And sicklike they heirby grant full power warrant and Commission To the said Alexander Maxwell To make Exact Enquirie and search anent whatsoever persons, That have Imported any of the forsaids Irish Catle since the Thirteenth of March Jaj vic nynty and seven years within the bounds forsaids and to prosecute them, as also the Resetters for their transgression of the said act and the pains thereof conform to the said act in all points. And The saids Lords for the said Alexander Maxwell and his forsaids Their Encouradgement and Expence in faithfully prosecuteing this present Commission, Doe not only allow him the Kings half of the saids Seizing and fines By and attour what may Belong to him as apprehender or discoverer But Likeways Recommends him to the Lords Commissioners of his Majesties Thesaury for the soume of ane Hundered pounds Sterling, He always Imputing in payment thereof what he shall actually Receave of the Kings pairt as said is. As also he before Extracting heirof giving Bond and Finding sufficient Caution for himself and his forsaids acted in the Books of privy Councill for their faithfull performance of the premises under the penalty of Two hundered pounds Sterling, And declares this Commission shall Endure during the Councills pleasure and no Longer. Sic subscribitur Marchmont Cancellar. Queensberrie. Argyll Mar. Morton. Loudown, Annandale Northesk. Francis Montgomry. John Maxwell.

1. NRS, PC1/51, 500-1.

1. NRS, PC1/51, 500-1.

Procedure, 15 December 1698, Edinburgh

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Att Edinburgh The Fifteenth day of December Jaj vjc nynty and Eight years

A1698/12/131

Procedure

Mr Francis Montgomry Receaved a privy councellor

Mr Francis Montgomry of Giffan one of the privy Councellors nominate be his Majesties Last Commission of Councill of the Twenty First day of october Last being present and having sworne and signed the Alledgance To his Majestie, and having signed the Assurance and association. And The Lord high Chancellor having administrat to him the oath de fideli He was Receaved a privy Councellor in the terms of the Commission forsaid.

Att Edinburgh The Fifteenth day of December Jaj vjc nynty and Eight years

A1698/12/131

Procedure

Mr Francis Montgomry Receaved a privy councellor

Mr Francis Montgomry of Giffan one of the privy Councellors nominate be his Majesties Last Commission of Councill of the Twenty First day of october Last being present and having sworne and signed the Alledgance To his Majestie, and having signed the Assurance and association. And The Lord high Chancellor having administrat to him the oath de fideli He was Receaved a privy Councellor in the terms of the Commission forsaid.

1. NRS, PC1/51, 500.

1. NRS, PC1/51, 500.

Sederunt, 15 December 1698, Edinburgh

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Att Edinburgh The Fifteenth day of December Jaj vjc nynty and Eight years1

A1698/12/122

Sederunt

Lord Chancellor; Duke of Queensberrie; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Morton; Earl of Buchan; Earl of Lowdown; Earl of Annandale; Earl of Northesk; Lord Strathnaver; Lord Polwarth; Lord Carmichaell; Lord Ruthven; Lord President of Session; Lord Advocate; Lord Justice-Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crosrigg; Lord Phesdo; Mr Francis Montgomry; Laird of Pollock; Laird of Blackbarrony; Laird of Stevensone; Lord Provost of Edinburgh

Att Edinburgh The Fifteenth day of December Jaj vjc nynty and Eight years1

A1698/12/122

Sederunt

Lord Chancellor; Duke of Queensberrie; Earl of Argyle; Earl of Crafurd; Earl of Marr; Earl of Morton; Earl of Buchan; Earl of Lowdown; Earl of Annandale; Earl of Northesk; Lord Strathnaver; Lord Polwarth; Lord Carmichaell; Lord Ruthven; Lord President of Session; Lord Advocate; Lord Justice-Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crosrigg; Lord Phesdo; Mr Francis Montgomry; Laird of Pollock; Laird of Blackbarrony; Laird of Stevensone; Lord Provost of Edinburgh

1. NRS, PC1/51, 500.

2. NRS, PC1/51, 500.

1. NRS, PC1/51, 500.

2. NRS, PC1/51, 500.