Tag Archives: 15 January 1702

Act, 15 January 1702, Edinburgh

Posted on by

Edinburgh 15 January 1702

D1702/1/81

Act

Act in favours of Anna Livingstoune for Ceiting her Husband for ane Aliment

Anent the petition given in and presented to the Lords of his majesties privie Counsell by Anna Livingstoun spous to Leivtenant Alexander Livingstoun indueller in Linlithgow Showeing That in reguard of the Cruell and barbarous usage the petitioner mett with from her husband while she did Cohabite with him, such as beatteing her to the ground effusion of her blood, thursteing the petitioner out of the house and threatneing to murder her though he should be hanged therafrae whereby she was dayly in hazard of her life the petitioner was forced to withdraw from him (in a very indegent Condition, haveing nothing to live wpon and haveing no allowance from him) In februij seventeen hunder and one, for my safety and have ever since lived seperately from him Abeit he gott ten thousand merks of portion with me And seing the saids Lords are in use to appoynt aliment for wifes that have been in her Circumstances out of their husbands means and Estate, and that her said Husband hes a Considerable fortune such as tenements and houses in Edinburgh, payeing towards eight hundreth merks of yearly rent, besyde seven or eight thousand merks of money and that the petitioners Case att the tyme is very pressing. for a supplie and Cannot admitt of a deley she being in a starveing Condition, and haveing no money to defray the Charges of all the forms of ane ordinarie persuit It was Therefore Craved the saids Lords would be pleased to take the petitioners Case to ther Gracious Consideration and to ordain the said Alexander Livingstoun the petitioners Husband to make payment to her of ane yearly aliment of fourhundreth merks scots att two terms in the year Whitesunday and martimes, be equall portions Commenseing from the said moneth of febrij seventeen hunder and one, and in tyme comeing, and to assign the petitioner to als much of the first and readiest of the yearly rents of his said tenements and houses in Edinburgh, as will satisfie and pay, her said yearly aliment, for her better security and payment of the same, and to grant warrand to macers or messengers att armes, to Intimat this her petition, to her said Husband, and to ordain him to ansuer wpon the Intimation, with Certification The petitioner not haveing money to Cary on any other proces, thereanent, and als to Grant warrand, for Citeing of witneses if need bees as the said petition bears, The Lords of his majesties privie Counsell haveing Considered this petition given in to them be the above Anna Livingstoun they hereby allow the petitioner to raise letters for Citeing the above Livetenant Alexander Livingstoun her Husband To appear before ther Lordships wpon the […] day of […] for the Causes and to the effect above mentioned,

Edinburgh 15 January 1702

D1702/1/81

Act

Act in favours of Anna Livingstoune for Ceiting her Husband for ane Aliment

Anent the petition given in and presented to the Lords of his majesties privie Counsell by Anna Livingstoun spous to Leivtenant Alexander Livingstoun indueller in Linlithgow Showeing That in reguard of the Cruell and barbarous usage the petitioner mett with from her husband while she did Cohabite with him, such as beatteing her to the ground effusion of her blood, thursteing the petitioner out of the house and threatneing to murder her though he should be hanged therafrae whereby she was dayly in hazard of her life the petitioner was forced to withdraw from him (in a very indegent Condition, haveing nothing to live wpon and haveing no allowance from him) In februij seventeen hunder and one, for my safety and have ever since lived seperately from him Abeit he gott ten thousand merks of portion with me And seing the saids Lords are in use to appoynt aliment for wifes that have been in her Circumstances out of their husbands means and Estate, and that her said Husband hes a Considerable fortune such as tenements and houses in Edinburgh, payeing towards eight hundreth merks of yearly rent, besyde seven or eight thousand merks of money and that the petitioners Case att the tyme is very pressing. for a supplie and Cannot admitt of a deley she being in a starveing Condition, and haveing no money to defray the Charges of all the forms of ane ordinarie persuit It was Therefore Craved the saids Lords would be pleased to take the petitioners Case to ther Gracious Consideration and to ordain the said Alexander Livingstoun the petitioners Husband to make payment to her of ane yearly aliment of fourhundreth merks scots att two terms in the year Whitesunday and martimes, be equall portions Commenseing from the said moneth of febrij seventeen hunder and one, and in tyme comeing, and to assign the petitioner to als much of the first and readiest of the yearly rents of his said tenements and houses in Edinburgh, as will satisfie and pay, her said yearly aliment, for her better security and payment of the same, and to grant warrand to macers or messengers att armes, to Intimat this her petition, to her said Husband, and to ordain him to ansuer wpon the Intimation, with Certification The petitioner not haveing money to Cary on any other proces, thereanent, and als to Grant warrand, for Citeing of witneses if need bees as the said petition bears, The Lords of his majesties privie Counsell haveing Considered this petition given in to them be the above Anna Livingstoun they hereby allow the petitioner to raise letters for Citeing the above Livetenant Alexander Livingstoun her Husband To appear before ther Lordships wpon the […] day of […] for the Causes and to the effect above mentioned,

1. NRS, PC2/28, 153v-154r.

1. NRS, PC2/28, 153v-154r.

Act, 15 January 1702, Edinburgh

Posted on by

Edinburgh 15 January 1702

D1702/1/71

Act

Act John Moncreif

Anent the petition given in and presented to the Lords of his majesties privie Counsell by John Moncreif late procurator att Pearth Showeing That in obedience to the saids Lords most Just Sentance the petitioner did in presence of the sheriff deput of Pearth with oppen doors wpon ane Court day, after the same was ferned wpon his knees acknowledge his fault and begg pardon of the said sheriff deput and other members of Court for the petitioners rash and inconsiderat defence offered for […] Mcclean, Dragoun, and the petitioner haveing no other mean of subsistance but merly his office of procurator before the said Court and Therefore Craveing to the effect after mentioned as the said petition bears The Lords of his majesties privie Counsell haveing Considered this petition, given in to them be the above John Moncreife, with a letter from the sheriff deput of Pearth verifieing the truth thereof, they hereby take off the former Sentance pronunced against the petitioner and repone him to his office of procurator also fully and freely in all respects as formerly

Edinburgh 15 January 1702

D1702/1/71

Act

Act John Moncreif

Anent the petition given in and presented to the Lords of his majesties privie Counsell by John Moncreif late procurator att Pearth Showeing That in obedience to the saids Lords most Just Sentance the petitioner did in presence of the sheriff deput of Pearth with oppen doors wpon ane Court day, after the same was ferned wpon his knees acknowledge his fault and begg pardon of the said sheriff deput and other members of Court for the petitioners rash and inconsiderat defence offered for […] Mcclean, Dragoun, and the petitioner haveing no other mean of subsistance but merly his office of procurator before the said Court and Therefore Craveing to the effect after mentioned as the said petition bears The Lords of his majesties privie Counsell haveing Considered this petition, given in to them be the above John Moncreife, with a letter from the sheriff deput of Pearth verifieing the truth thereof, they hereby take off the former Sentance pronunced against the petitioner and repone him to his office of procurator also fully and freely in all respects as formerly

1. NRS, PC2/28, 153r.

1. NRS, PC2/28, 153r.

Act, 15 January 1702, Edinburgh

Posted on by

Edinburgh 15 January 1702

D1702/1/61

Act

Act for a voluntar Contribution for building ane harbour at Lossiemouth Near Elgine

Anent the petition given in and presented to the Lords of his majesties privie Counsell by the magistrats and burgh of Elgine, Showeing That where in tymes past the said burgh though a burgh Royall yet never had any harbour nearer then Garmouth on the one hand which is att six myles distance to the great prejudice both of the burgh and whole Countrey about, which doeth afoord great plenty for expert which inconveniencey hath moved them to Search for a Convenient harbour nearer land if possible and accordingly hath found the same, att Lossiemouth within three myles of thir burgh for buildeing of the said Harbour, Likeas in prosecution of this so usefull a discovery the petitioners hes now these two years been workeing att it and have so farr cleared the same, that seven or eight Barques Some of them of seventy or eighty Tunn burden may Safely enter and lye within the Same, to the great benefeit not only of the Countrey about, but of all ships and Barques passeing nortward and Southward which may here wpon storm or any other stress or occasion find a Convenient harbour and Seing this So good a work desrves all Incouradgement, and that they most profess as ther Lordships may easely Conceave, that ther burgh, that hath but a very Small publict Good Cannot possible through the Same, unless the petitioners be therein assissted and that, the saids Lords of his majesties privie Counsell have wpon all Such occasions, been ready to help vertuous undertakers Specially where ther is a Considerable advance made, which Cannot now be desrted wthout a double Loss. And Thefore Craveing to the effect after mentioned as the said petition bears The Lords of his majeties privie Counsell haveing Considered this petition given in to them, be the magistrats and burgh of Elgine the hereby appoynt authorize and grants warrand for a generall Contribution to be Collected threw all the kirks and paroches of scotland, wpon such dayes as the petitioners shall think fitt to name, for buildeing for buildeing ane harbour, att Lossiemouth, within three myles of the said burgh, and Recomends the saids petitioners to all ministers and Christian people to give ther Charitable assistance, in the said matter, and ordains the saids Contributions to be payed in to Andrew Ogilvie Toun Thesaurer of the said burgh, and these Commissionat by him, for wplifteing the Samen In respect he hes given bond and found sufficient Caution acted in the books of his majesties privie Counsell that he shall apply the saids Contributiones, wpon the use forsaid att the sight of the Lairds of Grant Brodie and Innes

Edinburgh 15 January 1702

D1702/1/61

Act

Act for a voluntar Contribution for building ane harbour at Lossiemouth Near Elgine

Anent the petition given in and presented to the Lords of his majesties privie Counsell by the magistrats and burgh of Elgine, Showeing That where in tymes past the said burgh though a burgh Royall yet never had any harbour nearer then Garmouth on the one hand which is att six myles distance to the great prejudice both of the burgh and whole Countrey about, which doeth afoord great plenty for expert which inconveniencey hath moved them to Search for a Convenient harbour nearer land if possible and accordingly hath found the same, att Lossiemouth within three myles of thir burgh for buildeing of the said Harbour, Likeas in prosecution of this so usefull a discovery the petitioners hes now these two years been workeing att it and have so farr cleared the same, that seven or eight Barques Some of them of seventy or eighty Tunn burden may Safely enter and lye within the Same, to the great benefeit not only of the Countrey about, but of all ships and Barques passeing nortward and Southward which may here wpon storm or any other stress or occasion find a Convenient harbour and Seing this So good a work desrves all Incouradgement, and that they most profess as ther Lordships may easely Conceave, that ther burgh, that hath but a very Small publict Good Cannot possible through the Same, unless the petitioners be therein assissted and that, the saids Lords of his majesties privie Counsell have wpon all Such occasions, been ready to help vertuous undertakers Specially where ther is a Considerable advance made, which Cannot now be desrted wthout a double Loss. And Thefore Craveing to the effect after mentioned as the said petition bears The Lords of his majeties privie Counsell haveing Considered this petition given in to them, be the magistrats and burgh of Elgine the hereby appoynt authorize and grants warrand for a generall Contribution to be Collected threw all the kirks and paroches of scotland, wpon such dayes as the petitioners shall think fitt to name, for buildeing for buildeing ane harbour, att Lossiemouth, within three myles of the said burgh, and Recomends the saids petitioners to all ministers and Christian people to give ther Charitable assistance, in the said matter, and ordains the saids Contributions to be payed in to Andrew Ogilvie Toun Thesaurer of the said burgh, and these Commissionat by him, for wplifteing the Samen In respect he hes given bond and found sufficient Caution acted in the books of his majesties privie Counsell that he shall apply the saids Contributiones, wpon the use forsaid att the sight of the Lairds of Grant Brodie and Innes

1. NRS, PC2/28, 152r-153r.

1. NRS, PC2/28, 152r-153r.

Sederunt, 15 January 1702, Edinburgh

Posted on by

Edinburgh 15 January 17021

D1702/1/52

Sederunt

Lord Chancellour; Earl of Melvill; Marquis of Anandale; Earl of Crawfoord; Earl of Lauderdale; Earl of Loudoun; Earl of Northesk; Viscount Tarbat; Lord Montgomery; Lord Boyll; Lord president of session; Lord Thesaurer deput; Lord Justice clerk; Lord Halcraig; Lord Crosereig; Lord Rankeilor; Lord Phesdo; Mr Frances Montgomry; Laird of Grant; Laird of Stevanson; Laird of Meggens

Edinburgh 15 January 17021

D1702/1/52

Sederunt

Lord Chancellour; Earl of Melvill; Marquis of Anandale; Earl of Crawfoord; Earl of Lauderdale; Earl of Loudoun; Earl of Northesk; Viscount Tarbat; Lord Montgomery; Lord Boyll; Lord president of session; Lord Thesaurer deput; Lord Justice clerk; Lord Halcraig; Lord Crosereig; Lord Rankeilor; Lord Phesdo; Mr Frances Montgomry; Laird of Grant; Laird of Stevanson; Laird of Meggens

1. NRS, PC2/28, 151v.

2. NRS, PC2/28, 152r. 1703 recorded instead of 1702.

1. NRS, PC2/28, 151v.

2. NRS, PC2/28, 152r. 1703 recorded instead of 1702.

Act, 15 January 1702, Edinburgh

Posted on by

Att Edinburgh the Fifteinth day of January Jaj viic and two years

A1702/1/121

Act

Act Commuting the Sentance against Allaster More from Death to Banishment

Anent a Petition given in and presented to the Lords of his Majesties privy Councill be Alexander Mcdonald alias Allaster More Shewing That the petitioner being condemned to die on the 23d Instant by the Commissioners of Justiciary for the Northern district The petitioner Seing the Same wes approven by the Saids Lords But did humbly begg and Supplicat, That the saids Lords would be pleased to extend that pittie and Mercie to the petitioner which the saids Lords hade formerly done to others as great Criminalls as the petitioner Since the happy revolution And to excite the Saids Lords Clemencie and Compassion The petitioner most earnestly beseech the Saids Lords would be pleased to Consider first the missfortune of the petitioners education haveing been hitherto brought up in great Ignorance; And that Notwithstanding therof his greatest enemies hade not hitherto nor could they Accuse the petitioner of blood, Murder or any Such barbaratie; But that any crimes or Irregularities the petitioner hade been guilty off, Hade proceeded aither from Necessitie or his blind Complyance with and following those on whom the petitioner depended /2o/ The petitioner did Still flatter himself with hopes of Safety Because the Commissioners did contrair to the saids Lords order (as the petitioner conceived) Sentance the petitioner to be execute against a precise determinat time; Notwithstanding of the saids Lords act and order intimate to them to Sist execution untill the process were laid before the Saids Lords and furder orders given theranent; Wherby the petitioner have not hade these due and Serious thoughts of death and Eternity, which were necessary for the petitioner in his condition, And wes then most unfitt and unprepared to dye, Especially Seing ther was no Minister upon the place to exhort him that could Speak his oun language Wherby the petitioner was at present a Singular object of the Saids Lords Clemancy and pittie And Therfore most earnestly intreating the Saids Lords for his Savior Jesus Christs Sake to take his Lamantable condition to their Serious consideration; and aither Mittigat and Change his Sentance of death to banishment perpetuall Imprisonment or what else the Saids Lords Should think fitt under the Severest penalty of death in caice the petitioners Should contraveen or returne to this kingdome Or at Least that the saids Lords would be pleased (out of pitie and regaird to his future State and condition) To grant him a reprive for such a Competent time As the saids Lords Should think fitt that he might the better prepair and dispose himself to die And the petitioner for his long life and happines to his Sacred Majestie and the Saids Lords, and all prosperity to the Government Shall ever pray As the said petition bears The Lords of his Majesties privy Councill haveing Considered the above petition presented to them by Alexander Mcdonald alias Alaster More with the former interloquitor of Councill past upon the eight day of January Current for puting the Sentance of Death pronunced by the Commissioners of Justiciary for the Northern district of the Highlands against the said Alexander Mcdonald alias Allaster More in execution upon the twentie thrid day of this present moneth of January; The Saids Lords of his Majesties privy Councill Have Commuted and Changed and hereby Commutes and Changes the Said Sentance of Death pronunced by the saids Commissioners of Justiciary for the Northern district and appointed to have been execute by the forsaid order of privy Councill from the paines of death and Have Revocked and hereby Revock and discharge the Said former order of privy Councill of the date the Eight day of January Current from takeing effect and being put to executione And have Discharged and hereby Discharges the Saids Magistrates of Aberdeen from putting of the Said Sentance of death pronunced against the Said Alexander Mcdonald alias Allaster More upon the forsaid processes before the Said Commissioners of the Highland Justiciary and mentioned in the Said order of privy Councill to any executione upon the day forsaid or at any time hereafter And the Saids Lords of his Majesties privy Councill Nevertheless hereby Requyre and Command the Saids Magistrates of Aberdeen and keepers of their prison; to hold keep and detaine the person of the said Alexander Mcdonald alias Allaster More prisoner in sure ward firmance and safe Custody within their Tolbooth as they will be answerable untill they shall receive the furder orders of the saids Lords of his Majesties privy Councill thereanent Sic Subscribitur Marchmont Cancellar, Melvill P. Annandale. Lauderdale. Loudoun, Northesk. Tarbat. Montgomry, Lodovick Grant.

Att Edinburgh the Fifteinth day of January Jaj viic and two years

A1702/1/121

Act

Act Commuting the Sentance against Allaster More from Death to Banishment

Anent a Petition given in and presented to the Lords of his Majesties privy Councill be Alexander Mcdonald alias Allaster More Shewing That the petitioner being condemned to die on the 23d Instant by the Commissioners of Justiciary for the Northern district The petitioner Seing the Same wes approven by the Saids Lords But did humbly begg and Supplicat, That the saids Lords would be pleased to extend that pittie and Mercie to the petitioner which the saids Lords hade formerly done to others as great Criminalls as the petitioner Since the happy revolution And to excite the Saids Lords Clemencie and Compassion The petitioner most earnestly beseech the Saids Lords would be pleased to Consider first the missfortune of the petitioners education haveing been hitherto brought up in great Ignorance; And that Notwithstanding therof his greatest enemies hade not hitherto nor could they Accuse the petitioner of blood, Murder or any Such barbaratie; But that any crimes or Irregularities the petitioner hade been guilty off, Hade proceeded aither from Necessitie or his blind Complyance with and following those on whom the petitioner depended /2o/ The petitioner did Still flatter himself with hopes of Safety Because the Commissioners did contrair to the saids Lords order (as the petitioner conceived) Sentance the petitioner to be execute against a precise determinat time; Notwithstanding of the saids Lords act and order intimate to them to Sist execution untill the process were laid before the Saids Lords and furder orders given theranent; Wherby the petitioner have not hade these due and Serious thoughts of death and Eternity, which were necessary for the petitioner in his condition, And wes then most unfitt and unprepared to dye, Especially Seing ther was no Minister upon the place to exhort him that could Speak his oun language Wherby the petitioner was at present a Singular object of the Saids Lords Clemancy and pittie And Therfore most earnestly intreating the Saids Lords for his Savior Jesus Christs Sake to take his Lamantable condition to their Serious consideration; and aither Mittigat and Change his Sentance of death to banishment perpetuall Imprisonment or what else the Saids Lords Should think fitt under the Severest penalty of death in caice the petitioners Should contraveen or returne to this kingdome Or at Least that the saids Lords would be pleased (out of pitie and regaird to his future State and condition) To grant him a reprive for such a Competent time As the saids Lords Should think fitt that he might the better prepair and dispose himself to die And the petitioner for his long life and happines to his Sacred Majestie and the Saids Lords, and all prosperity to the Government Shall ever pray As the said petition bears The Lords of his Majesties privy Councill haveing Considered the above petition presented to them by Alexander Mcdonald alias Alaster More with the former interloquitor of Councill past upon the eight day of January Current for puting the Sentance of Death pronunced by the Commissioners of Justiciary for the Northern district of the Highlands against the said Alexander Mcdonald alias Allaster More in execution upon the twentie thrid day of this present moneth of January; The Saids Lords of his Majesties privy Councill Have Commuted and Changed and hereby Commutes and Changes the Said Sentance of Death pronunced by the saids Commissioners of Justiciary for the Northern district and appointed to have been execute by the forsaid order of privy Councill from the paines of death and Have Revocked and hereby Revock and discharge the Said former order of privy Councill of the date the Eight day of January Current from takeing effect and being put to executione And have Discharged and hereby Discharges the Saids Magistrates of Aberdeen from putting of the Said Sentance of death pronunced against the Said Alexander Mcdonald alias Allaster More upon the forsaid processes before the Said Commissioners of the Highland Justiciary and mentioned in the Said order of privy Councill to any executione upon the day forsaid or at any time hereafter And the Saids Lords of his Majesties privy Councill Nevertheless hereby Requyre and Command the Saids Magistrates of Aberdeen and keepers of their prison; to hold keep and detaine the person of the said Alexander Mcdonald alias Allaster More prisoner in sure ward firmance and safe Custody within their Tolbooth as they will be answerable untill they shall receive the furder orders of the saids Lords of his Majesties privy Councill thereanent Sic Subscribitur Marchmont Cancellar, Melvill P. Annandale. Lauderdale. Loudoun, Northesk. Tarbat. Montgomry, Lodovick Grant.

1. NRS, PC1/52, 333-5.

1. NRS, PC1/52, 333-5.

Sederunt, 15 January 1702, Edinburgh

Posted on by

Att Edinburgh the Fifteinth day of January Jaj viic and two years1

A1702/1/112

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Marquis of Annandale; Earl of Crafurd; Earl of Lauderdale; Earl of Lowdoun; Earl of Northesk; Viscount Tarbat; Lord Montgomry; Lord Boyle; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Halcraig; Lord Crossrig; Lord Rankeillor; Lord Phesdoe; Mr Fra: Montgomry; Laird of Grant; Laird of Stivenson; Laird of Meggins

Att Edinburgh the Fifteinth day of January Jaj viic and two years1

A1702/1/112

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Marquis of Annandale; Earl of Crafurd; Earl of Lauderdale; Earl of Lowdoun; Earl of Northesk; Viscount Tarbat; Lord Montgomry; Lord Boyle; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Halcraig; Lord Crossrig; Lord Rankeillor; Lord Phesdoe; Mr Fra: Montgomry; Laird of Grant; Laird of Stivenson; Laird of Meggins

1. NRS, PC1/52, 332.

2. NRS, PC1/52, 332.

1. NRS, PC1/52, 332.

2. NRS, PC1/52, 332.