Tag Archives: 15 February 1704

Act, 15 February 1704, Edinburgh

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Edinburgh 15 February 1704

D1704/2/111

Act

Act Infavours of Livetennent Collonell John Erskine

Anent the petition given in and presented to the Lords of Her Majesties privie Councill By Livetennant Collonell John Erskine Humbly Shewing That wheras by a warrand from the saids Lords in the petitioners favours as purchaser of the Estate of Kincaridine he was Impouered upon his recept to take up the wryts and evidents of the said Estate Now lyeing in their Lordships Clerks hands And the petitioner finding that ane Inventar of the saids wryts was taken up from their Lordships Clerks By Sir Robert Mylne in anno 1687 as his receipt in their Lordships Clerks hands Bears Did apply to their Lordships some dayes agoe for ordering Sir Robert To reproduce the said Inventary and their Lordships appoynted Sir Robert to be requyred by a Macer for that effect Which being now done and he altogither disobeying and the petitioner haveing present use for the forsaid Inventary in a process Befoir the Lords of sessione againest the said Sir Robert Mylne and Sir George Hamiltoun for clearing the Earle of Kincardine the petitioners authors right to the Lands of Tilleallan and the petitioner haveing also good ground to apprehend that the said Inventar containes writs that clears the Earles right to the Lands of Tilliallan and which were taken out of the Charter Chist befoir the Earles death and the sequestratione or his Chartor Chist in their Lordships Clerks hands and that Sir Robert Hes taken up the forsaid Inventar of purpose to keep the Earles Right of Tilliallan in the dark from his Creditors which is confirmed By Sir Roberts takeing up since in anno 1696 manny of the writs of Tilliallan from a servant of Sir John Cunynghame the Earles advocat upon a Generall Recept without particular Inventar as is knowen to many of their Lordships number And Therfore humbly creaving their Lordships to grant warrand to their Macers To seize and apprehend the said Sir Robert Miln Notwithstanding of his sheltring himself in the abby and to imprison him ay and whyll he Reproduce to the petitioner the forsaid Inventar taken up upon his receipt as said is as the said petitione Bear’s In answer wherunto The Collonell represents That he haveing purchased the Estate of Kincardine was allowed by their Lordships to git up upon his Receipt the writs of that Estate lying in the hands of their Lordships Clerks and he perceaving Sir Robert Mylne hade got up in the year 1687 The Inventar of the writs of that Estate upon his recipt He did apply That Sir Robert might be ordered to reproduce the same and by their Lordships appoyntment he was accordingly requyred and disobeyed And therfore creaving that in respect of the present use which the Collonell had for that Inventar in order to instructing the Earles intrest in the Estate of Tulliallan ay and whyll he should reproduce the same To this It is answered That Sir Robert Milne Being requyred to give in answers to the Representation made againest him in relation to that Inventar which he borrowed up upon his Receipt He did accordingly give in his answers By way of petitione soe that the Collonell most injuriously alledgeth that he disobeyed their Lordships order and of which answers he now resumes the grounds viz Primo That his Recipt does not bear that the Inventar which he got up therupon was a subscrived Inventar or that he got any of the wryts therwith Secundo The occasion of his borrowing therof was in regaird of his being a Considerable creditor upon the Estate of Kincairden And that James Hay and Rober2 Colvell who then acted for him were therby desirous to be Informed in relation to the progress of the Earles wryts to the effect they might therby the better understand what was the proper dilligence to be used for his security and haveing shewed the same to them he intrusted on or other of them with the returning therof and getting his Receipt which noe doubt they did return tho the Reteiring of the Recipt be neglected and Sir Robert is content to depone that he neither hath it nor at any tyme fraudfully put it away Tertio/ This Complent appears to be altogither malicious againest Sir Robert seeing the Inventar tho it should never be found may be made up by a little pains and Expenss Which Sir Robert is content to undergoe and defray and loco facti imprestabilis suciedit damnum and interesse and all the Collonells other pretended damnages are but Imaginary beyond Expenss of makeing ane other Inventar, for where as he pretends That the Earle had ane Intrest upon the Estate of Tulliallan which would be therby Instructed, that is of noe moment seeing he hath noe ground to alledge nor is it conceavable That Sir Robert got any other wryts furth of the said Charter Chist without receipt soe that if the Earle had therin any rights to the Estate of Tulliallan off which Sir Robert is content to depone he knowes nothing they are certainly yet there or got up by some other persones for whom Sir Robert is no manner of way answerable And Therfore That their Lordships may take his caice into Consideratione and not to allow him to be further prosecute for not reproduceing of the forsaid Inventar at least for such a Compitent tyme as may be thought reasonable for him to inquyre after the same from the Representatives of the said James Hay and Robert Collvill yea and in caice the same cannot be found to exonour him of his Receipt upon causeing make a new Inventar book on his Expensses Which petition being upon the Eight day of february instant Read in presence of the saids Lords They did therby appoynt and ordaine the same to be seen and answered nixt Councill day By Sir Robert Wylie Which petition Being upon the day and date of thir presents againe Called The Lords of Her Majesties privy Councill Haveing considered the above3 petition given into them By Livetennent Collonell, John Erskine with answers therto By Sir Robert Milne and the samen being read in their presence The saids Lords Doe heirby grant warrant to Macers to seize and apprehend the said Sir Robert Milne notwithstanding of his Sheltring himself in the abbay and to Imprison him ay and whyle he Reproduce the Inventar of the Charter Chist of Kincairden taken up upon his receipt in anno Jaj vic Eighty seven years and superceeds Extract to the Tuenty nynth of February Instant

Edinburgh 15 February 1704

D1704/2/111

Act

Act Infavours of Livetennent Collonell John Erskine

Anent the petition given in and presented to the Lords of Her Majesties privie Councill By Livetennant Collonell John Erskine Humbly Shewing That wheras by a warrand from the saids Lords in the petitioners favours as purchaser of the Estate of Kincaridine he was Impouered upon his recept to take up the wryts and evidents of the said Estate Now lyeing in their Lordships Clerks hands And the petitioner finding that ane Inventar of the saids wryts was taken up from their Lordships Clerks By Sir Robert Mylne in anno 1687 as his receipt in their Lordships Clerks hands Bears Did apply to their Lordships some dayes agoe for ordering Sir Robert To reproduce the said Inventary and their Lordships appoynted Sir Robert to be requyred by a Macer for that effect Which being now done and he altogither disobeying and the petitioner haveing present use for the forsaid Inventary in a process Befoir the Lords of sessione againest the said Sir Robert Mylne and Sir George Hamiltoun for clearing the Earle of Kincardine the petitioners authors right to the Lands of Tilleallan and the petitioner haveing also good ground to apprehend that the said Inventar containes writs that clears the Earles right to the Lands of Tilliallan and which were taken out of the Charter Chist befoir the Earles death and the sequestratione or his Chartor Chist in their Lordships Clerks hands and that Sir Robert Hes taken up the forsaid Inventar of purpose to keep the Earles Right of Tilliallan in the dark from his Creditors which is confirmed By Sir Roberts takeing up since in anno 1696 manny of the writs of Tilliallan from a servant of Sir John Cunynghame the Earles advocat upon a Generall Recept without particular Inventar as is knowen to many of their Lordships number And Therfore humbly creaving their Lordships to grant warrand to their Macers To seize and apprehend the said Sir Robert Miln Notwithstanding of his sheltring himself in the abby and to imprison him ay and whyll he Reproduce to the petitioner the forsaid Inventar taken up upon his receipt as said is as the said petitione Bear’s In answer wherunto The Collonell represents That he haveing purchased the Estate of Kincardine was allowed by their Lordships to git up upon his Receipt the writs of that Estate lying in the hands of their Lordships Clerks and he perceaving Sir Robert Mylne hade got up in the year 1687 The Inventar of the writs of that Estate upon his recipt He did apply That Sir Robert might be ordered to reproduce the same and by their Lordships appoyntment he was accordingly requyred and disobeyed And therfore creaving that in respect of the present use which the Collonell had for that Inventar in order to instructing the Earles intrest in the Estate of Tulliallan ay and whyll he should reproduce the same To this It is answered That Sir Robert Milne Being requyred to give in answers to the Representation made againest him in relation to that Inventar which he borrowed up upon his Receipt He did accordingly give in his answers By way of petitione soe that the Collonell most injuriously alledgeth that he disobeyed their Lordships order and of which answers he now resumes the grounds viz Primo That his Recipt does not bear that the Inventar which he got up therupon was a subscrived Inventar or that he got any of the wryts therwith Secundo The occasion of his borrowing therof was in regaird of his being a Considerable creditor upon the Estate of Kincairden And that James Hay and Rober2 Colvell who then acted for him were therby desirous to be Informed in relation to the progress of the Earles wryts to the effect they might therby the better understand what was the proper dilligence to be used for his security and haveing shewed the same to them he intrusted on or other of them with the returning therof and getting his Receipt which noe doubt they did return tho the Reteiring of the Recipt be neglected and Sir Robert is content to depone that he neither hath it nor at any tyme fraudfully put it away Tertio/ This Complent appears to be altogither malicious againest Sir Robert seeing the Inventar tho it should never be found may be made up by a little pains and Expenss Which Sir Robert is content to undergoe and defray and loco facti imprestabilis suciedit damnum and interesse and all the Collonells other pretended damnages are but Imaginary beyond Expenss of makeing ane other Inventar, for where as he pretends That the Earle had ane Intrest upon the Estate of Tulliallan which would be therby Instructed, that is of noe moment seeing he hath noe ground to alledge nor is it conceavable That Sir Robert got any other wryts furth of the said Charter Chist without receipt soe that if the Earle had therin any rights to the Estate of Tulliallan off which Sir Robert is content to depone he knowes nothing they are certainly yet there or got up by some other persones for whom Sir Robert is no manner of way answerable And Therfore That their Lordships may take his caice into Consideratione and not to allow him to be further prosecute for not reproduceing of the forsaid Inventar at least for such a Compitent tyme as may be thought reasonable for him to inquyre after the same from the Representatives of the said James Hay and Robert Collvill yea and in caice the same cannot be found to exonour him of his Receipt upon causeing make a new Inventar book on his Expensses Which petition being upon the Eight day of february instant Read in presence of the saids Lords They did therby appoynt and ordaine the same to be seen and answered nixt Councill day By Sir Robert Wylie Which petition Being upon the day and date of thir presents againe Called The Lords of Her Majesties privy Councill Haveing considered the above3 petition given into them By Livetennent Collonell, John Erskine with answers therto By Sir Robert Milne and the samen being read in their presence The saids Lords Doe heirby grant warrant to Macers to seize and apprehend the said Sir Robert Milne notwithstanding of his Sheltring himself in the abbay and to Imprison him ay and whyle he Reproduce the Inventar of the Charter Chist of Kincairden taken up upon his receipt in anno Jaj vic Eighty seven years and superceeds Extract to the Tuenty nynth of February Instant

1. NRS, PC2/28, 280r-281v.

2. Sic.

3. The word ‘above’ is an insertion.

1. NRS, PC2/28, 280r-281v.

2. Sic.

3. The word ‘above’ is an insertion.

Procedure, 15 February 1704, Edinburgh

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Edinburgh 15 February 1704

D1704/2/101

Procedure

[Note of business]

In absence of the Lord high Chancelor and Lord president of privie Councill The Earle of Eglintoun elected preses

Edinburgh 15 February 1704

D1704/2/101

Procedure

[Note of business]

In absence of the Lord high Chancelor and Lord president of privie Councill The Earle of Eglintoun elected preses

1. NRS, PC2/28, 279v.

1. NRS, PC2/28, 279v.

Sederunt, 15 February 1704, Edinburgh

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Edinburgh 15 February 17041

D1704/2/92

Sederunt

Earl of Mar; Earl of Buchan; Earl of Eglintoun; Earl of Lauderdale; Earl of Loudoun; Earl of Findlater; Earl of Northesk; Earl of Forfar; Earl of Hyndfoord; Earl of Glasgow; Viscount Garnock; Lord Haddo; Lord Advocat; Lord Justice Clerk; Lord Phesdo; Livetenent General Ramsay; Mr Francis Montgomrie; Sir Robert Sinclair; Laird of Caverse; Laird of Prestongrange; Lord Provost of Edinburgh

Edinburgh 15 February 17041

D1704/2/92

Sederunt

Earl of Mar; Earl of Buchan; Earl of Eglintoun; Earl of Lauderdale; Earl of Loudoun; Earl of Findlater; Earl of Northesk; Earl of Forfar; Earl of Hyndfoord; Earl of Glasgow; Viscount Garnock; Lord Haddo; Lord Advocat; Lord Justice Clerk; Lord Phesdo; Livetenent General Ramsay; Mr Francis Montgomrie; Sir Robert Sinclair; Laird of Caverse; Laird of Prestongrange; Lord Provost of Edinburgh

1. NRS, PC2/28, 279v.

2. NRS, PC2/28, 279v.

1. NRS, PC2/28, 279v.

2. NRS, PC2/28, 279v.

Warrant, 15 February 1704, Edinburgh

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Edinburgh The Fyfteenth of February One Thousand seven hundereth and four years

A1704/2/501

Warrant

Warrant for Liberating John and Donald Frazers

The Lords of Her Majesties privy Councill Doe heirby Give order and warrant To the Magistrats of Edinburgh and keepers of their Tolbuith To set at libertie John Frazer brother to Kilduthell and Donald Frazer postmaster of Inverness without Executing of any house In respect they have given Bond and found sufficient Cautione acted in the Books of privie Councill for keeping the pace and Compeiring befoir the Councill when called for.

Edinburgh The Fyfteenth of February One Thousand seven hundereth and four years

A1704/2/501

Warrant

Warrant for Liberating John and Donald Frazers

The Lords of Her Majesties privy Councill Doe heirby Give order and warrant To the Magistrats of Edinburgh and keepers of their Tolbuith To set at libertie John Frazer brother to Kilduthell and Donald Frazer postmaster of Inverness without Executing of any house In respect they have given Bond and found sufficient Cautione acted in the Books of privie Councill for keeping the pace and Compeiring befoir the Councill when called for.

1. NRS, PC1/53, 158.

1. NRS, PC1/53, 158.

Order, 15 February 1704, Edinburgh

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Edinburgh The Fyfteenth of February One Thousand seven hundereth and four years

A1704/2/491

Order

Recommendation to the Committee anent the plote To meet and Examin Steill and Frazers

The Lords of Her Majesties privy Councill Recommends To the Committee formerly appoynted anent ill practices against the Government To meet to morrow morning at nyne of the Clock To examine […] Steill and […] Frazers prisoners in the Tolbuith of Edinburgh and continowes the quorum as formerly.

Edinburgh The Fyfteenth of February One Thousand seven hundereth and four years

A1704/2/491

Order

Recommendation to the Committee anent the plote To meet and Examin Steill and Frazers

The Lords of Her Majesties privy Councill Recommends To the Committee formerly appoynted anent ill practices against the Government To meet to morrow morning at nyne of the Clock To examine […] Steill and […] Frazers prisoners in the Tolbuith of Edinburgh and continowes the quorum as formerly.

1. NRS, PC1/53, 158.

1. NRS, PC1/53, 158.

Act, 15 February 1704, Edinburgh

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Edinburgh The Fyfteenth of February One Thousand seven hundereth and four years

A1704/2/481

Act

Act Infavours off David Baillie

Anent The petition Given in and presented To the Lords of Her Majesties privy Councill By David Baillie son to the deceased George Baillie of Mannerhall Shewing That where as The petitioner is Conveened befoir their Lordships at the Instance of Her Majesties Advocat for alleadged leasing making and other pretended crimes lybled And seing it is necessary That the petitioner have advocats with whom he may consult and who may appear for him and plead his cause And the petitioner Haveing made choyse of Sir Patrick Home, Sir David Cunynghame Mr David Forbes, Mr Alexr McCleod, Sir John Erskine, Mr James Hamilton, and Mr Alexr Arbuthnet But they declyne to consult or appear for the petitioner in this matter unless they have ther Lordships order and warrand for that effect And Therfore Humbly creaving That their Lordships might be pleased to give order and warrand to the saids advocats and such others as the petitioner shall Imploy to consult and appear for him in the said cause as the said petition Bears The Lords of Her Majesties privy Councill Haveing considered the above petition Giveing into them By David Baillie sone to the deceast George Baillie of Mannerhall and the samen being read in their presence The saids Lords Doe heirby allow The petitioner to Imploy such advocats as he thinks fitt and allowes the advocats so to be Imployed by him To Compear and plead for him in the action persewed at the Instance of Her Majesties Advocat against him befoir their Lordships.

Edinburgh The Fyfteenth of February One Thousand seven hundereth and four years

A1704/2/481

Act

Act Infavours off David Baillie

Anent The petition Given in and presented To the Lords of Her Majesties privy Councill By David Baillie son to the deceased George Baillie of Mannerhall Shewing That where as The petitioner is Conveened befoir their Lordships at the Instance of Her Majesties Advocat for alleadged leasing making and other pretended crimes lybled And seing it is necessary That the petitioner have advocats with whom he may consult and who may appear for him and plead his cause And the petitioner Haveing made choyse of Sir Patrick Home, Sir David Cunynghame Mr David Forbes, Mr Alexr McCleod, Sir John Erskine, Mr James Hamilton, and Mr Alexr Arbuthnet But they declyne to consult or appear for the petitioner in this matter unless they have ther Lordships order and warrand for that effect And Therfore Humbly creaving That their Lordships might be pleased to give order and warrand to the saids advocats and such others as the petitioner shall Imploy to consult and appear for him in the said cause as the said petition Bears The Lords of Her Majesties privy Councill Haveing considered the above petition Giveing into them By David Baillie sone to the deceast George Baillie of Mannerhall and the samen being read in their presence The saids Lords Doe heirby allow The petitioner to Imploy such advocats as he thinks fitt and allowes the advocats so to be Imployed by him To Compear and plead for him in the action persewed at the Instance of Her Majesties Advocat against him befoir their Lordships.

1. NRS, PC1/53, 157-8.

1. NRS, PC1/53, 157-8.

Letter: from the Council, 15 February 1704, Edinburgh

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Edinburgh The Fyfteenth of February One Thousand seven hundereth and four years

A1704/2/471

Letter: from the Council

Letter from the Councill To His Grace The Duke of Ormond Lord Livet of Ireland anent Hunters shipe

May it please your Grace
One Hyndman belonging to Ireland comeing with his vessell loaded with a Thousand Bolls of Irish meall to Scotland conterary to our Lawes againest such Import And being laufully seized in our Scots seas or watters was by sentance of the Lords of privy Councill legally confiscat And yet the Lords of Councill are informed That a Scots vessell belonging to William Hunter Master and owner goeing to Londonderry under the conduct of William Curry skipper Is there arreisted at the Instance of Hyndmans owners by way of Reprysall Which is certainly ane abuse that your Grace will condemn as tending visibly to the breach of the good correspondence that ought to be keept betuixt Her Majesties Kingdomes And Therfore Wee have thought fitt to accquaint your Grace with what hath happned That yow may cause Mr Hunters shipe to be2 restored with all damages And Lykewayes take cair on your pairt as we shall be ever cairfull on ours that the good Correspondence betuixt the Two Kingdomes may be intertained and contained as heitherto it hes been observed Signed in name presence and by warrand of the Lords of Her Majesties privy Councill By May it please your Grace, Your Graces most Humble servant sic subscribitur Eglintoune I:P:D Edinburgh the 15th February 1704
Directed thus To his Grace The Duke of Ormond Lord Livet of Ireland.

Edinburgh The Fyfteenth of February One Thousand seven hundereth and four years

A1704/2/471

Letter: from the Council

Letter from the Councill To His Grace The Duke of Ormond Lord Livet of Ireland anent Hunters shipe

May it please your Grace
One Hyndman belonging to Ireland comeing with his vessell loaded with a Thousand Bolls of Irish meall to Scotland conterary to our Lawes againest such Import And being laufully seized in our Scots seas or watters was by sentance of the Lords of privy Councill legally confiscat And yet the Lords of Councill are informed That a Scots vessell belonging to William Hunter Master and owner goeing to Londonderry under the conduct of William Curry skipper Is there arreisted at the Instance of Hyndmans owners by way of Reprysall Which is certainly ane abuse that your Grace will condemn as tending visibly to the breach of the good correspondence that ought to be keept betuixt Her Majesties Kingdomes And Therfore Wee have thought fitt to accquaint your Grace with what hath happned That yow may cause Mr Hunters shipe to be2 restored with all damages And Lykewayes take cair on your pairt as we shall be ever cairfull on ours that the good Correspondence betuixt the Two Kingdomes may be intertained and contained as heitherto it hes been observed Signed in name presence and by warrand of the Lords of Her Majesties privy Councill By May it please your Grace, Your Graces most Humble servant sic subscribitur Eglintoune I:P:D Edinburgh the 15th February 1704
Directed thus To his Grace The Duke of Ormond Lord Livet of Ireland.

1. NRS, PC1/53, 157.

2. Insertion.

1. NRS, PC1/53, 157.

2. Insertion.

Letter: from the Council, 15 February 1704, Edinburgh

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Edinburgh The Fyfteenth of February One Thousand seven hundereth and four years

A1704/2/461

Letter: from the Council

Letter from the Councill To The Earle of Cromerty Lord Secretary of State for Scotland anent Hunters Shipe

My Lord
One Hyndman comeing from Ireland into our Scots watters as the same are Expresly bounded by the act of parliament 1672: Dischairging the Importatione of Irish victwall And being there seised with a loadning of Ane Thousand bolls of Irish meall The loadning and vessell was by sentance of privy Councill confiscat upon most clear grounds of Law And yet wee understand that a Scotts vessell belonging to William Hunter goeing to Londonderry under the Conduct of William Currie skipper is there arreisted by way of Reprisall as if the Lords of Councill had committed unjustice in judging according to our Lawes Which is a practice that wee Judge inconsistant with that Correspondence which ought to be betwixt her Majesties Kingdomes since wee would not Expect such a treatment from any Kingdome or state in the world in amity with her Majestie albeit not subject to her Impire And Therfore The Lords of Councill have ordered me to signifie to your Lordship in their name that this matter should be laid befoir her Majesty To the effect she may give such directiones to the Lord Livetennent of Ireland and others in the Government there as this abuse may be remeaded and Mr Hunters shipe restored with damnages and the lyke prevented in tyme comeing Signed in name presence and by warrand of the Lords of Her Majesties privy Councill By, My Lord your Lordships most humble servant sic subscribitur Eglintoun I:P:D.
Edinburgh the 15th February 1704
Directed thus To the Right Honourable the Earle of Cromerty principall secretar of state for Scotland London.

Edinburgh The Fyfteenth of February One Thousand seven hundereth and four years

A1704/2/461

Letter: from the Council

Letter from the Councill To The Earle of Cromerty Lord Secretary of State for Scotland anent Hunters Shipe

My Lord
One Hyndman comeing from Ireland into our Scots watters as the same are Expresly bounded by the act of parliament 1672: Dischairging the Importatione of Irish victwall And being there seised with a loadning of Ane Thousand bolls of Irish meall The loadning and vessell was by sentance of privy Councill confiscat upon most clear grounds of Law And yet wee understand that a Scotts vessell belonging to William Hunter goeing to Londonderry under the Conduct of William Currie skipper is there arreisted by way of Reprisall as if the Lords of Councill had committed unjustice in judging according to our Lawes Which is a practice that wee Judge inconsistant with that Correspondence which ought to be betwixt her Majesties Kingdomes since wee would not Expect such a treatment from any Kingdome or state in the world in amity with her Majestie albeit not subject to her Impire And Therfore The Lords of Councill have ordered me to signifie to your Lordship in their name that this matter should be laid befoir her Majesty To the effect she may give such directiones to the Lord Livetennent of Ireland and others in the Government there as this abuse may be remeaded and Mr Hunters shipe restored with damnages and the lyke prevented in tyme comeing Signed in name presence and by warrand of the Lords of Her Majesties privy Councill By, My Lord your Lordships most humble servant sic subscribitur Eglintoun I:P:D.
Edinburgh the 15th February 1704
Directed thus To the Right Honourable the Earle of Cromerty principall secretar of state for Scotland London.

1. NRS, PC1/53, 155-6.

1. NRS, PC1/53, 155-6.

Procedure, 15 February 1704, Edinburgh

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Edinburgh The Fyfteenth of February One Thousand seven hundereth and four years

A1704/2/451

Procedure

Two Letters prepaired by the Advocat one to the Lord Secretary and ane other to the Duke off Ormond anent Hunters Shipe

Her Majesties Advocat Haveing presented to the board Two Letters annent Hunters shipe arreisted in Ireland upon pretence of the confiscation of a shipe loaden with Irish victwall Imported into this Kingdome By on Hyndman Master of the said shipe The one of the Lord secretary of state to be laid befoir Her Majestie and the other to the Lord Livetenent of Ireland The same were read approven and Recommended to the Earle of Eglingtoun Lord president for the tyme to be signed by his Lordship In name of the Councill And appoynts the saids Letters to be Recorded wherof the tennors followes

Edinburgh The Fyfteenth of February One Thousand seven hundereth and four years

A1704/2/451

Procedure

Two Letters prepaired by the Advocat one to the Lord Secretary and ane other to the Duke off Ormond anent Hunters Shipe

Her Majesties Advocat Haveing presented to the board Two Letters annent Hunters shipe arreisted in Ireland upon pretence of the confiscation of a shipe loaden with Irish victwall Imported into this Kingdome By on Hyndman Master of the said shipe The one of the Lord secretary of state to be laid befoir Her Majestie and the other to the Lord Livetenent of Ireland The same were read approven and Recommended to the Earle of Eglingtoun Lord president for the tyme to be signed by his Lordship In name of the Councill And appoynts the saids Letters to be Recorded wherof the tennors followes

1. NRS, PC1/53, 155-6.

1. NRS, PC1/53, 155-6.

Warrant, 15 February 1704, Edinburgh

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Edinburgh The Fyfteenth of February One Thousand seven hundereth and four years

A1704/2/441

Warrant

Warrand Recommending the advocat To raise a new proces against the Countes of Seaforth

Anent The petitione given in and presented to the Lords of Her Majesties privie Councill By Frances Countes younger of Seaforth Shewing That being persewed befoir your Lordships at the Instance of the Earle of Cromertie, and Lord Justice Clerk Two of the near Kinsmen of […] Earle of Seaforth my sone and of Her Majesties advocat for the petitioners alleadged sending of the said Earle beyond seas to be bred popish and for mentaining him there and therfore concluding that the certificatione of the seaverall acts of parliament lybled upone ought to be applyed to the petitioner and that she ought to withhold his Intertainment and bring him home This proces without being called and publictly heard was Committed and upon report of the Committee that they had not prevailled with the petitioner to bring the Earle her sone home Their Lordships By Interloquitor the seventh of February Instant admitted the lyble to probatione and granted dilligence againest witnesses to the Fyfteen As to which The petitioner asks liberty to represent That the petitioner hes neither means wherwith to mentaine herself nor to send her sone abroad and if he bee gone thither It was necessity for his Intertainment and noe Choyce of myne And if his freinds who persue for his Returne will Imploy the lyke pains for the preservation of his Estate That soe he may have the petitioners Joynture Its probable his Returne might be easie But to order his returne without ane fond for his provisione Is ane inconsistant hardshipe Which the petitioners looking in his face and he in hers bevailling each others callamities will not supplie Besides all this If2 The petitioner hade ane accessione to his goeing abroad which she denys she is indemnified and she cannot withdraw the Intertainment She was never able to afoord him. Seeing proces Befoir your Lordships are peremtore and that the witnesses ought to be citted to the same dyet with the pairtes and the pairte to be heard and object againest the witnesses all which is past over in the petitioners caice And Therfore creaving to the effect aftermentioned as the said petitione Bears The Lords of Her Majesties privy Councill haveing considered the above petition given into them By Francis Countes of Seaforth and the samen being read in their presence The saids Lords In respect that noe witnesses were cited upone the Lyble against the petitioner They Recommend to Sir James Steuart Her Majesties Advocat To raise ane new lyble at his Instance againest the said Lady for her takeing away of the Earle of Seaforth her sone and sending him overseas to be popishly bredd and cause Execute the same againest the said Countes of Seaforth and witnesses with all Expeditione and dispatch.

Edinburgh The Fyfteenth of February One Thousand seven hundereth and four years

A1704/2/441

Warrant

Warrand Recommending the advocat To raise a new proces against the Countes of Seaforth

Anent The petitione given in and presented to the Lords of Her Majesties privie Councill By Frances Countes younger of Seaforth Shewing That being persewed befoir your Lordships at the Instance of the Earle of Cromertie, and Lord Justice Clerk Two of the near Kinsmen of […] Earle of Seaforth my sone and of Her Majesties advocat for the petitioners alleadged sending of the said Earle beyond seas to be bred popish and for mentaining him there and therfore concluding that the certificatione of the seaverall acts of parliament lybled upone ought to be applyed to the petitioner and that she ought to withhold his Intertainment and bring him home This proces without being called and publictly heard was Committed and upon report of the Committee that they had not prevailled with the petitioner to bring the Earle her sone home Their Lordships By Interloquitor the seventh of February Instant admitted the lyble to probatione and granted dilligence againest witnesses to the Fyfteen As to which The petitioner asks liberty to represent That the petitioner hes neither means wherwith to mentaine herself nor to send her sone abroad and if he bee gone thither It was necessity for his Intertainment and noe Choyce of myne And if his freinds who persue for his Returne will Imploy the lyke pains for the preservation of his Estate That soe he may have the petitioners Joynture Its probable his Returne might be easie But to order his returne without ane fond for his provisione Is ane inconsistant hardshipe Which the petitioners looking in his face and he in hers bevailling each others callamities will not supplie Besides all this If2 The petitioner hade ane accessione to his goeing abroad which she denys she is indemnified and she cannot withdraw the Intertainment She was never able to afoord him. Seeing proces Befoir your Lordships are peremtore and that the witnesses ought to be citted to the same dyet with the pairtes and the pairte to be heard and object againest the witnesses all which is past over in the petitioners caice And Therfore creaving to the effect aftermentioned as the said petitione Bears The Lords of Her Majesties privy Councill haveing considered the above petition given into them By Francis Countes of Seaforth and the samen being read in their presence The saids Lords In respect that noe witnesses were cited upone the Lyble against the petitioner They Recommend to Sir James Steuart Her Majesties Advocat To raise ane new lyble at his Instance againest the said Lady for her takeing away of the Earle of Seaforth her sone and sending him overseas to be popishly bredd and cause Execute the same againest the said Countes of Seaforth and witnesses with all Expeditione and dispatch.

1. NRS, PC1/53, 154-5.

2. Insertion.

1. NRS, PC1/53, 154-5.

2. Insertion.