Tag Archives: 15 September 1703

Act, 15 September 1703, Edinburgh

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Halyroodhouse the 15th September 1703

D1703/9/41

Act

Act Infavours of The Magistrats and Toun Councill off Kirkcaldie

Annent The petition given in and presented To His Grace Her Majesties High Commissioner and the Lords of Her Majesties privie By the Magistrats and Toun Councill of Kirkcaldy Elected at Michallmess Jaj vijc and two years Shewing That their Lordships By their act Daited in December Jaj vijc and two yeirs Haveing found the Election off their petitioners at Michaelmess last To have been null and Declaired the quorum that Elected them incapable and appointed a new Election for the reasones contained in their Lordships said Act and ordinance And accordingly there haveing been all dutifull obediance given therunto and that now they doe not doubt His Grace and their Lordships will be fully satisfied To have them reported to their former offices and that the said Act and all that followed therupon shall have not Farder effect And that the first Election at Michaellmess last be confirmed and ratified by their Lordships sentence And Therfor Humbly Creaving His Grace and their Lordships would be pleased to repone their petitioners againest the said Act and Sentance wherby their Election was rendered void and their petitioners Declaired incapable and repone them to the Exercise off their offices as Elected at Michaelmess last Declairing their said Act and sentance to have no further effect from this tyme forward As the said petition bears Which petition Being upon the Tenth day off September instant Read in presence off and Considered by His Grace Her Majesties High Commissioner And the Lords off Her Majesties privie Councill They appointed the same To be seen and answered By the Magistrats presently in office within the Burgh off Kirkcaldy Againest Wedensday nixt peremptorie being the Fyfteenth Instant And appointed The petitioners To Intimat the same personally to the Earle off Leven Baillies Whytt and Jaffray in Kirkcaldy and that betuixt and the said day Which being accordingly Intimat to the Magistrats and Clerk of the said Burgh off Kirkcaldy They gave in the answers following viz Answers For David Earle off Leven, Provest of Kirkcaldy John Whytt and James Jaffray Baillies off the said Burgh To a petition presented To His Grace Her Majesties High Commissioner, and Remanent Lords of Her Majesties privie Councill By certain persones pretending to have been Elected magistrats and Councellors off the said Burgh at Michaelmess Last Jaj vijc and two years The petitioners Did at first present a supplication To His Grace Her Majesties High Commissioner and the Honourable Estates of parliament Full of clamer and noise and stuft with callumnious alleadgencies and gross representationes off matters off fact Wherin also they hold the boldness in amost presumptieous manner To arraign The Lords off Her Majesties privie Councill as guilty off arbitrary proceedings Equall to any which occurred in the rigne off the late King James Now they offer a petition To His Grace Her Majesties High Commissioner and the Lords off Her Majesties privie Councill Complaining off a great many hardships put upon them by their Lordships And Creaving that His Grace and their Lordships would repon them againest the Decreit and sentance off the Lords of privie Councill Wherby their pretended Election at Michaelmess Jaj vijc and Two was Declaired void and null and the petitioners Declaired incapable To Elect or be Elected Magistrats and Councellors of the Burgh for that year And that they might be Reponed to the Exercise off their offices as Laufullie Elected at Michaellmess last And that the Forsaid Decreit off Councill Wherby anew Election off the Magistrats and Councill off the said Burgh was authorized may be rescinded and Declaired void and null In answer wherunto The present Magistrats Humbly represented That is practise off the petitioners is preposterous without a president for unto this very day noe man ever yet pretended By a petition to overturn a sentance of a Soveragine Court (Such as the privie Councill) Farr less a Solemn Decreit upon along Debeat iff any such thing hath been attempted It was allwayes thought necessary For that effect to raise and Execute a Summonds under the signet Secundo By noe Law in the world Can a person be condemned or punished untill he be Laufullie Called and have opportunity to answer for himself yet the petitioner (though they have Intimat their petition only to the provest and Baillies) urge that the Dean of Gild, Thesaurer and haill Councill off the said Burgh To whom neither citation is given nor Intimation made may be depryved off their offices though neither Called nor heard and the petitioners reponed to their pretended offices notwithstanding of the forsaid Solemn Decreit for these reasones The present Magistrats Humbly conceave that they wer not bound To make any answer to the Additionall reasones subjoyned to the petition Thought it could easily be Demonstrat Thatt all of them are either irrelivent or fals in a matter of Fact And they judged themselves weell secuired By a solemn Decreet off privie Councill Which can never be overturned upon pretence off Iniquity or hardships without weakning the authoritie and deference due to the Decreits off that soveraigne Court, making pleas endless and louseing the security off all the Leidges founded upon the Decreits off that Honourable Court far less in this preposterous and unheard off method, Reduceing Decreits in Foro by a bill not soe much as Intimat to the pairtes principally concerned as the answers bears His Grace Her Majesties high Commissioner And the Lords of Her Majesties privie Councill Haveing this day againe Considered the said petition given into them By the Magistrats and Toun Councill of Kirkcaldy Elected at Michaellmess Jaj vijc and two years With the saids answers therto By David Earle of Leven provest off Kirkcaldy, John Whytt, and James Jaffry Baillies off the said Burgh And the samen being read in their presence His Grace and the saids Lords Have Dischairged and heirby Dischairges the sentance of privie Councill Incapacitating the petitioners off the date the First day off December Jaj vijc and two years And have Reponed and heirby Repones the petitioners to their respective offices within the said Burgh off Kirkcaldy as Elected at Michaelmess last With power to them to Exerce ther respective offices withine the said burgh off Kirkcaldy Sykelyke and in the samen manner as they did or might have done befoir the said sentance.

Halyroodhouse the 15th September 1703

D1703/9/41

Act

Act Infavours of The Magistrats and Toun Councill off Kirkcaldie

Annent The petition given in and presented To His Grace Her Majesties High Commissioner and the Lords of Her Majesties privie By the Magistrats and Toun Councill of Kirkcaldy Elected at Michallmess Jaj vijc and two years Shewing That their Lordships By their act Daited in December Jaj vijc and two yeirs Haveing found the Election off their petitioners at Michaelmess last To have been null and Declaired the quorum that Elected them incapable and appointed a new Election for the reasones contained in their Lordships said Act and ordinance And accordingly there haveing been all dutifull obediance given therunto and that now they doe not doubt His Grace and their Lordships will be fully satisfied To have them reported to their former offices and that the said Act and all that followed therupon shall have not Farder effect And that the first Election at Michaellmess last be confirmed and ratified by their Lordships sentence And Therfor Humbly Creaving His Grace and their Lordships would be pleased to repone their petitioners againest the said Act and Sentance wherby their Election was rendered void and their petitioners Declaired incapable and repone them to the Exercise off their offices as Elected at Michaelmess last Declairing their said Act and sentance to have no further effect from this tyme forward As the said petition bears Which petition Being upon the Tenth day off September instant Read in presence off and Considered by His Grace Her Majesties High Commissioner And the Lords off Her Majesties privie Councill They appointed the same To be seen and answered By the Magistrats presently in office within the Burgh off Kirkcaldy Againest Wedensday nixt peremptorie being the Fyfteenth Instant And appointed The petitioners To Intimat the same personally to the Earle off Leven Baillies Whytt and Jaffray in Kirkcaldy and that betuixt and the said day Which being accordingly Intimat to the Magistrats and Clerk of the said Burgh off Kirkcaldy They gave in the answers following viz Answers For David Earle off Leven, Provest of Kirkcaldy John Whytt and James Jaffray Baillies off the said Burgh To a petition presented To His Grace Her Majesties High Commissioner, and Remanent Lords of Her Majesties privie Councill By certain persones pretending to have been Elected magistrats and Councellors off the said Burgh at Michaelmess Last Jaj vijc and two years The petitioners Did at first present a supplication To His Grace Her Majesties High Commissioner and the Honourable Estates of parliament Full of clamer and noise and stuft with callumnious alleadgencies and gross representationes off matters off fact Wherin also they hold the boldness in amost presumptieous manner To arraign The Lords off Her Majesties privie Councill as guilty off arbitrary proceedings Equall to any which occurred in the rigne off the late King James Now they offer a petition To His Grace Her Majesties High Commissioner and the Lords off Her Majesties privie Councill Complaining off a great many hardships put upon them by their Lordships And Creaving that His Grace and their Lordships would repon them againest the Decreit and sentance off the Lords of privie Councill Wherby their pretended Election at Michaelmess Jaj vijc and Two was Declaired void and null and the petitioners Declaired incapable To Elect or be Elected Magistrats and Councellors of the Burgh for that year And that they might be Reponed to the Exercise off their offices as Laufullie Elected at Michaellmess last And that the Forsaid Decreit off Councill Wherby anew Election off the Magistrats and Councill off the said Burgh was authorized may be rescinded and Declaired void and null In answer wherunto The present Magistrats Humbly represented That is practise off the petitioners is preposterous without a president for unto this very day noe man ever yet pretended By a petition to overturn a sentance of a Soveragine Court (Such as the privie Councill) Farr less a Solemn Decreit upon along Debeat iff any such thing hath been attempted It was allwayes thought necessary For that effect to raise and Execute a Summonds under the signet Secundo By noe Law in the world Can a person be condemned or punished untill he be Laufullie Called and have opportunity to answer for himself yet the petitioner (though they have Intimat their petition only to the provest and Baillies) urge that the Dean of Gild, Thesaurer and haill Councill off the said Burgh To whom neither citation is given nor Intimation made may be depryved off their offices though neither Called nor heard and the petitioners reponed to their pretended offices notwithstanding of the forsaid Solemn Decreit for these reasones The present Magistrats Humbly conceave that they wer not bound To make any answer to the Additionall reasones subjoyned to the petition Thought it could easily be Demonstrat Thatt all of them are either irrelivent or fals in a matter of Fact And they judged themselves weell secuired By a solemn Decreet off privie Councill Which can never be overturned upon pretence off Iniquity or hardships without weakning the authoritie and deference due to the Decreits off that soveraigne Court, making pleas endless and louseing the security off all the Leidges founded upon the Decreits off that Honourable Court far less in this preposterous and unheard off method, Reduceing Decreits in Foro by a bill not soe much as Intimat to the pairtes principally concerned as the answers bears His Grace Her Majesties high Commissioner And the Lords of Her Majesties privie Councill Haveing this day againe Considered the said petition given into them By the Magistrats and Toun Councill of Kirkcaldy Elected at Michaellmess Jaj vijc and two years With the saids answers therto By David Earle of Leven provest off Kirkcaldy, John Whytt, and James Jaffry Baillies off the said Burgh And the samen being read in their presence His Grace and the saids Lords Have Dischairged and heirby Dischairges the sentance of privie Councill Incapacitating the petitioners off the date the First day off December Jaj vijc and two years And have Reponed and heirby Repones the petitioners to their respective offices within the said Burgh off Kirkcaldy as Elected at Michaelmess last With power to them to Exerce ther respective offices withine the said burgh off Kirkcaldy Sykelyke and in the samen manner as they did or might have done befoir the said sentance.

1. NRS, PC2/28, 260v-261v.

1. NRS, PC2/28, 260v-261v.

Sederunt, 15 September 1703, Edinburgh

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Halyroodhouse the 15th September 17031

D1703/9/32

Sederunt

Her Majesties Commissioner; Lord Chancellour; Marquis of Annandale P:C:; Marquis of Atholl P:S:; Earl of Crafourd; Earl of Erroll; Earl of Mortoune; Earl of Buchan; Earl of Eglingtoune; Earl of Strathmore; Earl of Galloway; Earl of Loudoun; Earl of Finlatter; Earl of Leven; Earl of Northesk; Viscount Tarbat S:; Viscount Stair; Viscount Rosberry; Lord Ross; Lord Boyle T:D:; Lord President of Session; Lord Advocat; Lord Enstruther; Livet Generall Ramsay; Mr Fra: Montgomry; Sherriff of Bute; Laird of Cavers; Laird of Kilbirnie; Laird of Carnwath; Laird of Hoptoune

Halyroodhouse the 15th September 17031

D1703/9/32

Sederunt

Her Majesties Commissioner; Lord Chancellour; Marquis of Annandale P:C:; Marquis of Atholl P:S:; Earl of Crafourd; Earl of Erroll; Earl of Mortoune; Earl of Buchan; Earl of Eglingtoune; Earl of Strathmore; Earl of Galloway; Earl of Loudoun; Earl of Finlatter; Earl of Leven; Earl of Northesk; Viscount Tarbat S:; Viscount Stair; Viscount Rosberry; Lord Ross; Lord Boyle T:D:; Lord President of Session; Lord Advocat; Lord Enstruther; Livet Generall Ramsay; Mr Fra: Montgomry; Sherriff of Bute; Laird of Cavers; Laird of Kilbirnie; Laird of Carnwath; Laird of Hoptoune

1. NRS, PC2/28, 260v.

2. NRS, PC2/28, 260v.

1. NRS, PC2/28, 260v.

2. NRS, PC2/28, 260v.

Act, 15 September 1703, Edinburgh

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Att Holyruidhouse the Fifteinth day of September Jaj vijc and thrie years

A1703/9/71

Act

[Liberation John Murray]

Anent the petition given in to his Grace her Majesties high Commissioner and Lords of her Majesties privy Councill by John Murray brother german to Charles Murray of Barnhurry Shewing That the petitioner in a process pursued against him before the Lords Commissioners of Justiciary at the Instance of Adam Craik of Ardbiggland being fyned in the Soume of Twelve hundred merks wherof nyne to be payed to the pursuer and thrie to her Majesties use and ordained to Lye thrie moneths in prison and to find Caution to keep the peace and for that effect to enact himself in the books of adjurnall under the pain of One hundred pounds Sterling The petitioner haveing satisfied the pursuer, And Likewayes Found Caution to keep the peace as is fully instructed by the declarationes produced Wherby the pursuer does express his being fully Satisfied with the petitioner and how Sorrie he is for the petitioners present Calamity and misfortune, And the petitioner being a young man of no Stock Bot who by his industrie and Credit in Traficqueing with Merchandize provided a very honest Subsistance to himself Which he would be altogither deprived of if the petitioner was continued under his present Circumstances, And the saids Lords being in use to mittigate and even to Change sentances of the Lords of Justiciary especiallie wher no privat partie was prejudged Bot their intrest fully satisfied as in this caice, and that it will be no benefitt to the publict that the petitioner be ruined by continueing in prison nor was it in his power tho all the substance he hade in the world were rouped to satisfie the thrie hundred merks appointed to be payed to her Majestie which he humbly conceived was raither ad terrorum then upon any prospect that it could ever be payed And Therfore humbly Craveing his Grace and the saids Lords in Consideration of the premisses And that the petitioner hade been already a moneth in prison and that the Lords of Justiciary would concurr in the premisses to appoint the petitioner to be Sett at Libertie furth of the Tolbooth of Edinburgh, And to Recommend to the Lords of her Majesties thesaury to discharge and declare the petitioner free of the forsaid thrie hundred merks appointed to be payed to her Majestie in Consideration of his hard Circumstances as the petition bears; His Grace her Majesties high Commissioner and the Lords of her Majesties privy Councill Haveing Considered the above petition given in to them by John Murray brother german to Charles Murray of Burnehurrie and the same with ane Consent of Liberation under the hands of James Campbell younger of Arkindlas and Captain Robert Johnstoune Late provost of Dumfrees in name and behalf of Adam Craik of Ardbigland their brother in Law, being Read in their presence His Grace and the saids Lords Doe hereby Declare the petitioner free of the rest of the thrie moneths time he was by the Sentence of Justiciary appointed to Lye in prison and gives order and warrand to the Magistrates of Edinburgh and keeper of their Tolbooth instantly to sett the petitioner at Libertie furth therof upon his payment of the house dues, And Recommends him to the Lords Commissioners of her Majesties thesaury to discharge him therof, And Declare him free from all payment of the thrie hundred merks of fyne appointed by the said Sentence of the Lords of Justiciary In Regaird before extracting hereof hath produced ane Testificat under the hand of James Baird, That he hath enacted himself in the books of Adjournall to keep the peace in the termes and under the penalty mentioned in the said Sentence of the Lords of Justiciary.

Att Holyruidhouse the Fifteinth day of September Jaj vijc and thrie years

A1703/9/71

Act

[Liberation John Murray]

Anent the petition given in to his Grace her Majesties high Commissioner and Lords of her Majesties privy Councill by John Murray brother german to Charles Murray of Barnhurry Shewing That the petitioner in a process pursued against him before the Lords Commissioners of Justiciary at the Instance of Adam Craik of Ardbiggland being fyned in the Soume of Twelve hundred merks wherof nyne to be payed to the pursuer and thrie to her Majesties use and ordained to Lye thrie moneths in prison and to find Caution to keep the peace and for that effect to enact himself in the books of adjurnall under the pain of One hundred pounds Sterling The petitioner haveing satisfied the pursuer, And Likewayes Found Caution to keep the peace as is fully instructed by the declarationes produced Wherby the pursuer does express his being fully Satisfied with the petitioner and how Sorrie he is for the petitioners present Calamity and misfortune, And the petitioner being a young man of no Stock Bot who by his industrie and Credit in Traficqueing with Merchandize provided a very honest Subsistance to himself Which he would be altogither deprived of if the petitioner was continued under his present Circumstances, And the saids Lords being in use to mittigate and even to Change sentances of the Lords of Justiciary especiallie wher no privat partie was prejudged Bot their intrest fully satisfied as in this caice, and that it will be no benefitt to the publict that the petitioner be ruined by continueing in prison nor was it in his power tho all the substance he hade in the world were rouped to satisfie the thrie hundred merks appointed to be payed to her Majestie which he humbly conceived was raither ad terrorum then upon any prospect that it could ever be payed And Therfore humbly Craveing his Grace and the saids Lords in Consideration of the premisses And that the petitioner hade been already a moneth in prison and that the Lords of Justiciary would concurr in the premisses to appoint the petitioner to be Sett at Libertie furth of the Tolbooth of Edinburgh, And to Recommend to the Lords of her Majesties thesaury to discharge and declare the petitioner free of the forsaid thrie hundred merks appointed to be payed to her Majestie in Consideration of his hard Circumstances as the petition bears; His Grace her Majesties high Commissioner and the Lords of her Majesties privy Councill Haveing Considered the above petition given in to them by John Murray brother german to Charles Murray of Burnehurrie and the same with ane Consent of Liberation under the hands of James Campbell younger of Arkindlas and Captain Robert Johnstoune Late provost of Dumfrees in name and behalf of Adam Craik of Ardbigland their brother in Law, being Read in their presence His Grace and the saids Lords Doe hereby Declare the petitioner free of the rest of the thrie moneths time he was by the Sentence of Justiciary appointed to Lye in prison and gives order and warrand to the Magistrates of Edinburgh and keeper of their Tolbooth instantly to sett the petitioner at Libertie furth therof upon his payment of the house dues, And Recommends him to the Lords Commissioners of her Majesties thesaury to discharge him therof, And Declare him free from all payment of the thrie hundred merks of fyne appointed by the said Sentence of the Lords of Justiciary In Regaird before extracting hereof hath produced ane Testificat under the hand of James Baird, That he hath enacted himself in the books of Adjournall to keep the peace in the termes and under the penalty mentioned in the said Sentence of the Lords of Justiciary.

1. NRS, PC1/53, 26-7.

1. NRS, PC1/53, 26-7.

Order, 15 September 1703, Edinburgh

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Att Holyruidhouse the Fifteinth day of September Jaj vijc and thrie years

A1703/9/61

Order

[Order anent the Laird of Clackmannan’s canon]

The viscount of Tarbat Lord Secretary of State one of the Committie appointed to examine and take tryall how the four Iron Cannon beloning to the Laird of Clackmanan were taken from him and caried to the castle of Blackness haveing produced to the Councill thrie testificats thereanent and the same being read; His Grace her Majesties high Commissioner and the Lords of her Majesties privy Councill Doe hereby Find by the testificat produced that the Cannon abovementioned did belong to the Laird of Clackmannan and that he ought either to have the same returned back to him; or else have payment for the samen, But in respect the said Cannon are Lying at Blackness one of her Majesties Garrisones, Therfore They Recommend the same to the Lord Secretaries of State to be by them Laid before her Majestie either to grant a warrant for restoreing the saids four Cannons, or else to give the Laird of Clackmannan such satisfactione for the same as her Majestie shall think fitt, And his Grace and the saids Lords Doe hereby Permitt and allow the said viscount of Tarbat to carrie away from Innerness the thrie Cannon which formerly belonged to his Lordship Lying their and appoints the same to be delyvered to him.

Att Holyruidhouse the Fifteinth day of September Jaj vijc and thrie years

A1703/9/61

Order

[Order anent the Laird of Clackmannan’s canon]

The viscount of Tarbat Lord Secretary of State one of the Committie appointed to examine and take tryall how the four Iron Cannon beloning to the Laird of Clackmanan were taken from him and caried to the castle of Blackness haveing produced to the Councill thrie testificats thereanent and the same being read; His Grace her Majesties high Commissioner and the Lords of her Majesties privy Councill Doe hereby Find by the testificat produced that the Cannon abovementioned did belong to the Laird of Clackmannan and that he ought either to have the same returned back to him; or else have payment for the samen, But in respect the said Cannon are Lying at Blackness one of her Majesties Garrisones, Therfore They Recommend the same to the Lord Secretaries of State to be by them Laid before her Majestie either to grant a warrant for restoreing the saids four Cannons, or else to give the Laird of Clackmannan such satisfactione for the same as her Majestie shall think fitt, And his Grace and the saids Lords Doe hereby Permitt and allow the said viscount of Tarbat to carrie away from Innerness the thrie Cannon which formerly belonged to his Lordship Lying their and appoints the same to be delyvered to him.

1. NRS, PC1/53, 25-6.

1. NRS, PC1/53, 25-6.

Sederunt, 15 September 1703, Edinburgh

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Att Holyruidhouse the Fifteinth day of September Jaj vijc and thrie years1

A1703/9/52

Sederunt

Her Majesties Commissioner; Lord Chancelor; Marquis of Annandale P.C:; Marquis of Atholl P:S; Earl of Crafurd; Earl of Erroll; Earl of Mortoune; Earl of Buchan; Earl of Eglingtone; Earl of Strathmore; Earl of Galloway; Earl of Lowdon; Earl of Findlator; Earl of Leven; Earl of Northesk; Viscount Tarbet S:; Viscount Stair; Viscount Rosbery; Lord Ross; Lord Boyle Td; Lord President of Session; Lord Advocat; Lord Anster; Livt Genle Ramsay; Mr Fr: Montgomry; Shiref of Bute; Laird of Cavers; Laird of Kilbirny; Laird of Carnwath; Laird of Hoptoune

Att Holyruidhouse the Fifteinth day of September Jaj vijc and thrie years1

A1703/9/52

Sederunt

Her Majesties Commissioner; Lord Chancelor; Marquis of Annandale P.C:; Marquis of Atholl P:S; Earl of Crafurd; Earl of Erroll; Earl of Mortoune; Earl of Buchan; Earl of Eglingtone; Earl of Strathmore; Earl of Galloway; Earl of Lowdon; Earl of Findlator; Earl of Leven; Earl of Northesk; Viscount Tarbet S:; Viscount Stair; Viscount Rosbery; Lord Ross; Lord Boyle Td; Lord President of Session; Lord Advocat; Lord Anster; Livt Genle Ramsay; Mr Fr: Montgomry; Shiref of Bute; Laird of Cavers; Laird of Kilbirny; Laird of Carnwath; Laird of Hoptoune

1. NRS, PC1/53, 25.

2. NRS, PC1/53, 25.

1. NRS, PC1/53, 25.

2. NRS, PC1/53, 25.