Tag Archives: 16 January 1694

Act, 16 January 1694, Edinburgh

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Act

Act Mr John Bining for printing some books.

Anent a Petition given in to the Lords of their Majesties privy Councill be John Binning of Dalvenan sone to the deceast Mr Hew Binning some time minister of the Gospell at Govan Shewing That the petitioner intendeth to print his said fathers course of philosiphy, Which hath not as yet been printed Consisting of Logicks Metaphisicks and Ethicks And Likewayes the petitioner designes to reprint such of his said fathers works as hath been formerly printed viz the practicall Catechisme sermons on the Eight Chapter of the Epistle of Paull to the Remains or Sermons on the first Chapter of the Epistle of John and a volum of Miscellany sermons wherof ther is no priviledge now standing unexpired nor any persone Liveing who ever hade any such priviledge except James Glen who has past from any further pretence to the same in the petitioners favors Conforme to a Consent under his hand therwith produced And Seing this will be a work of such charges as the petitioner cannot be able to undergoe without the saids Lords Grant him some incouradgement by a priviledge in maner underwritten And Therfore humbly Supplicating the saids Lords to the effect aftermentioned The Lords of their Majesties privy Councill haveing Considered this petitione given in to them be the above John Bining They heirby Give and Grant to the petitioner the sole and only power and priviledge of printing reprinting Importing and vending of the above books dureing the space of nyntein years after the date heirof And Discharge all other persones whatsomever dureing that Space to print reprint Import or vend the same within this kingdome without the speciall Licence of the petitioner under the paine of Confiscatione of the Copies the one half to the petitioner and the other half to the Discoverer But prejudice allwayes to any concerned to sell or Import Coppies of any former Impressions of the saids books.

Edinburgh the Eightein day of January Jaj vjc nyntie four years

D1694/1/141

Act

Act Mr John Bining for printing some books.

Anent a Petition given in to the Lords of their Majesties privy Councill be John Binning of Dalvenan sone to the deceast Mr Hew Binning some time minister of the Gospell at Govan Shewing That the petitioner intendeth to print his said fathers course of philosiphy, Which hath not as yet been printed Consisting of Logicks Metaphisicks and Ethicks And Likewayes the petitioner designes to reprint such of his said fathers works as hath been formerly printed viz the practicall Catechisme sermons on the Eight Chapter of the Epistle of Paull to the Remains or Sermons on the first Chapter of the Epistle of John and a volum of Miscellany sermons wherof ther is no priviledge now standing unexpired nor any persone Liveing who ever hade any such priviledge except James Glen who has past from any further pretence to the same in the petitioners favors Conforme to a Consent under his hand therwith produced And Seing this will be a work of such charges as the petitioner cannot be able to undergoe without the saids Lords Grant him some incouradgement by a priviledge in maner underwritten And Therfore humbly Supplicating the saids Lords to the effect aftermentioned The Lords of their Majesties privy Councill haveing Considered this petitione given in to them be the above John Bining They heirby Give and Grant to the petitioner the sole and only power and priviledge of printing reprinting Importing and vending of the above books dureing the space of nyntein years after the date heirof And Discharge all other persones whatsomever dureing that Space to print reprint Import or vend the same within this kingdome without the speciall Licence of the petitioner under the paine of Confiscatione of the Copies the one half to the petitioner and the other half to the Discoverer But prejudice allwayes to any concerned to sell or Import Coppies of any former Impressions of the saids books.

1. NRS, PC2/24, 319v.

1. NRS, PC2/24, 319v.

Sederunt, 16 January 1694, Edinburgh

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Edinburgh the Eightein day of January Jaj vjc nyntie four years1

D1694/1/132

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Forfar; Viscount Tarbat; Lord Raith; Lord Beilhaven; Lord Polwarth; Lord Advocat; Lord Hatton; Lord Fountonhall; Laird of Stivensone; Sir Thomas Liveingstoune

Edinburgh the Eightein day of January Jaj vjc nyntie four years1

D1694/1/132

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Forfar; Viscount Tarbat; Lord Raith; Lord Beilhaven; Lord Polwarth; Lord Advocat; Lord Hatton; Lord Fountonhall; Laird of Stivensone; Sir Thomas Liveingstoune

1. NRS, PC2/24, 319r.

2. NRS, PC2/24, 319r.

1. NRS, PC2/24, 319r.

2. NRS, PC2/24, 319r.

Act, 16 January 1694, Edinburgh

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D1694/1/121

Act

Act and Remitt The Master and ouners of the ship called the Peace.

Anent a Petitione given in to the Lords of their Majesties privy Councill be Arron Geotie master and Skiper of the ship called the peas of Amsterdam and Jean Dupeiran merchant and Citizien of Amsterdam Fraughter of the said ship and owner of the Cargo aboard therof Shewing That quher the petitioners haveing in the moneth of Jully last sett saill from Amsterdame in Holland with the forsaid ship fully loadned in prosecutione of a designed voyadge from that port to St Tubbs or Lisbone in Portugall Did (in hopes to be more free of French Cappers) take their Course north about by Orkney Bot the ship haveing fallen leck at sea The petitioners were necessitate to goe into the Island of […] in Orkney for refitting her But upon some misinformatione or some other ground unknowen to the petitioners The Laird of Lapnes pretending to be admirall of the Islands of Orkney Caused Seaze upon the petitioners ship and goods and at last condemned the samen as prize upon pretence that the petitioners were goeing to France, And the petitioners being altogither Strangers haveing not the least acquantance ther nor non to Compeir before them nor to whom they could make their applicatione and being altogither Ignorant of their languadge the petitioners are informed ther ship and goods are Declared priz By reasone therof the petitioners were not only necessitate in this storme Cold winter weather to travell from Orkney to this upon ther foot and almost in a sterving Conditione But now being come to this place wher they have some more advantage for expressing the petitioners minds and being now sincible of the great injuries done to them by Lapnes The petitioner has raised Riductione of any Decreet of adjudicatione against ther ship and Cargo Bot seing that as said is, the petitioners are reduced to the outmost extreamity so that it will not be possible for them to wait the event of the said actione of reductione incase the ordinar solemnities informe of process be observed at least the expence of the petitioners attendance would allmost equall the value of their Ship and Cargo incaise they should be oblidge to attend to the event And that it may be evident by the instructiones and Documents therwith produced how unjustly their ship has been Adjudged prize And yet if need bees they are willing to Depone upon such interrogators as shall be thought pertinent And Therfore Humbly Craveing The saids Lords would be pleased to take the premises to their Consideratione and would Recomend to the Lords of Sessione sumarly to Discuss the sentence of reductione as also to allow the samen to be execute upon alse few dayes as Law will permitt and the saids Lords shall think fitt and sicklike would ordaine the petitioners Oathes to be taken upon such interrogators as shall be thought pertinent and a prerecognition in the said affair to be taken as the said petition bears The Lords of their Majesties privy Councill haveing Considered this petition Given in to them be the above Aaron Geotie and Jean Deuperen They heirby Remitt to the Lords of Councill and Sessione to Consider the said petitione and Discuss the above sumonds of Reductione sumarly without abideing the Course of the Roll, And to doe in the other points of the petition as they shall Find Just a due regaird being allwayes hade to the petitioners Dispatch who are poor Strangers.

Edinburgh the Sixtein day of January Jaj vjc nyntie four

D1694/1/121

Act

Act and Remitt The Master and ouners of the ship called the Peace.

Anent a Petitione given in to the Lords of their Majesties privy Councill be Arron Geotie master and Skiper of the ship called the peas of Amsterdam and Jean Dupeiran merchant and Citizien of Amsterdam Fraughter of the said ship and owner of the Cargo aboard therof Shewing That quher the petitioners haveing in the moneth of Jully last sett saill from Amsterdame in Holland with the forsaid ship fully loadned in prosecutione of a designed voyadge from that port to St Tubbs or Lisbone in Portugall Did (in hopes to be more free of French Cappers) take their Course north about by Orkney Bot the ship haveing fallen leck at sea The petitioners were necessitate to goe into the Island of […] in Orkney for refitting her But upon some misinformatione or some other ground unknowen to the petitioners The Laird of Lapnes pretending to be admirall of the Islands of Orkney Caused Seaze upon the petitioners ship and goods and at last condemned the samen as prize upon pretence that the petitioners were goeing to France, And the petitioners being altogither Strangers haveing not the least acquantance ther nor non to Compeir before them nor to whom they could make their applicatione and being altogither Ignorant of their languadge the petitioners are informed ther ship and goods are Declared priz By reasone therof the petitioners were not only necessitate in this storme Cold winter weather to travell from Orkney to this upon ther foot and almost in a sterving Conditione But now being come to this place wher they have some more advantage for expressing the petitioners minds and being now sincible of the great injuries done to them by Lapnes The petitioner has raised Riductione of any Decreet of adjudicatione against ther ship and Cargo Bot seing that as said is, the petitioners are reduced to the outmost extreamity so that it will not be possible for them to wait the event of the said actione of reductione incase the ordinar solemnities informe of process be observed at least the expence of the petitioners attendance would allmost equall the value of their Ship and Cargo incaise they should be oblidge to attend to the event And that it may be evident by the instructiones and Documents therwith produced how unjustly their ship has been Adjudged prize And yet if need bees they are willing to Depone upon such interrogators as shall be thought pertinent And Therfore Humbly Craveing The saids Lords would be pleased to take the premises to their Consideratione and would Recomend to the Lords of Sessione sumarly to Discuss the sentence of reductione as also to allow the samen to be execute upon alse few dayes as Law will permitt and the saids Lords shall think fitt and sicklike would ordaine the petitioners Oathes to be taken upon such interrogators as shall be thought pertinent and a prerecognition in the said affair to be taken as the said petition bears The Lords of their Majesties privy Councill haveing Considered this petition Given in to them be the above Aaron Geotie and Jean Deuperen They heirby Remitt to the Lords of Councill and Sessione to Consider the said petitione and Discuss the above sumonds of Reductione sumarly without abideing the Course of the Roll, And to doe in the other points of the petition as they shall Find Just a due regaird being allwayes hade to the petitioners Dispatch who are poor Strangers.

1. NRS, PC2/24, 318v-319r.

1. NRS, PC2/24, 318v-319r.

Act, 16 January 1694, Edinburgh

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Edinburgh the Sixtein day of January Jaj vjc nyntie four

D1694/1/111

Act

Act Anent the poor in the west kirk parish

The Lords of their majesties privy Councill upon a petition given in to them be the minister and session of the West Kirk Representing that they could come to no setlment of any Certaine fund for supply of the poor in that parish by reasone of some Considerable Scrouples arrysing amongst the heritors and particularly betuixt the towne of Edinburgh who are no Small propriators in the parish and the rest of the heritors therin, Haveing Remitted to a Comittie of their oun number to Consider the petition (which they allowed the toune of Edinburgh and thesaurer of heriots hospitall and other heritors to see and causes with the answers given in to the same and to endeavor to settle the parties and in case of deficultie to report Which Committie haveing accordingly Mett and Considered the petition it self with the answeres and Replyes both for the toune of Edinburgh heriots hospitall and the other heritors of the West Kirk they made their report to the Lords of Councill att the advyseing therof the Councill haveing Called for the process both for the toune of Edinburgh and the rest of the heritors of the said parish and Sir Patrick Home Sir James Ogilvie and Mr John Menzies advocats Compeiring for the toune of Edinburgh and some of the heritors Compeiring personally and Mr Hew Dalrymple advocat Compeiring for the haill heritors The Saids Lords haveing Considered the report and haveing heard both parties Advocats fully in their oun presence They Find that the haill heritors and inhabitants of the westkirk are to bear a proportionall part of the Imposition for mantaineing the poor so farr as the Church Collectiones and mortificationes falls short, And that the toune of Edinburgh should bear burthein as heritors of the milnes, and as to Heriots hospitall Finds that the rents of that Lands belonging to that Hospitall Ought to be free of this Impositione for the poor in the parish that wholl rent being Imployed for mantaineing of poor Bot they Find that the inhabitants liveing upon the Hospitalls lands should bear burthen with the other inhabitants in the parish, And appoints the heritors to meet one Frayday nixt and some persones for the toune of Edinburgh to meet with them and to proportione the burthein for the poor besides the Church Collectiones and mortificationes conforme to the method above prescribed And the saids Lords Doe heirby expressly Declair That this interloquitor shall be no rule against the toune of Edinburgh in other cases of publict 2 burthen or Impositiones and that if in the Impositione to be laid on for mantaineing the poor in this parish the rule of Laying one therof be by the reall rent in that case that the mylnes belonging to the toune of Edinburgh shall bear their proportione effeiring to ther reall rent and if the rule be by ther valued rent In that case the mylnes shall only be valued according as other lands in the parish of the like reall rent are valued and no higher and that they shall bear burthen proportionally.

Edinburgh the Sixtein day of January Jaj vjc nyntie four

D1694/1/111

Act

Act Anent the poor in the west kirk parish

The Lords of their majesties privy Councill upon a petition given in to them be the minister and session of the West Kirk Representing that they could come to no setlment of any Certaine fund for supply of the poor in that parish by reasone of some Considerable Scrouples arrysing amongst the heritors and particularly betuixt the towne of Edinburgh who are no Small propriators in the parish and the rest of the heritors therin, Haveing Remitted to a Comittie of their oun number to Consider the petition (which they allowed the toune of Edinburgh and thesaurer of heriots hospitall and other heritors to see and causes with the answers given in to the same and to endeavor to settle the parties and in case of deficultie to report Which Committie haveing accordingly Mett and Considered the petition it self with the answeres and Replyes both for the toune of Edinburgh heriots hospitall and the other heritors of the West Kirk they made their report to the Lords of Councill att the advyseing therof the Councill haveing Called for the process both for the toune of Edinburgh and the rest of the heritors of the said parish and Sir Patrick Home Sir James Ogilvie and Mr John Menzies advocats Compeiring for the toune of Edinburgh and some of the heritors Compeiring personally and Mr Hew Dalrymple advocat Compeiring for the haill heritors The Saids Lords haveing Considered the report and haveing heard both parties Advocats fully in their oun presence They Find that the haill heritors and inhabitants of the westkirk are to bear a proportionall part of the Imposition for mantaineing the poor so farr as the Church Collectiones and mortificationes falls short, And that the toune of Edinburgh should bear burthein as heritors of the milnes, and as to Heriots hospitall Finds that the rents of that Lands belonging to that Hospitall Ought to be free of this Impositione for the poor in the parish that wholl rent being Imployed for mantaineing of poor Bot they Find that the inhabitants liveing upon the Hospitalls lands should bear burthen with the other inhabitants in the parish, And appoints the heritors to meet one Frayday nixt and some persones for the toune of Edinburgh to meet with them and to proportione the burthein for the poor besides the Church Collectiones and mortificationes conforme to the method above prescribed And the saids Lords Doe heirby expressly Declair That this interloquitor shall be no rule against the toune of Edinburgh in other cases of publict 2 burthen or Impositiones and that if in the Impositione to be laid on for mantaineing the poor in this parish the rule of Laying one therof be by the reall rent in that case that the mylnes belonging to the toune of Edinburgh shall bear their proportione effeiring to ther reall rent and if the rule be by ther valued rent In that case the mylnes shall only be valued according as other lands in the parish of the like reall rent are valued and no higher and that they shall bear burthen proportionally.

1. NRS, PC2/24, 317v-318r.

2. The word ‘trust’ scored out here.

1. NRS, PC2/24, 317v-318r.

2. The word ‘trust’ scored out here.

Sederunt, 16 January 1694, Edinburgh

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Edinburgh the Sixtein day of January Jaj vjc nyntie four1

D1694/1/102

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Forfar; Viscount Tarbat; Lord Raith; Lord Beilhaven; Lord Polwarth; Lord Advocat; Lord Hatton; Lord Fountonhall; Lord Enstruther; Laird of Stivenson; Sir Thomas Livingston

Edinburgh the Sixtein day of January Jaj vjc nyntie four1

D1694/1/102

Sederunt

Lord Chancelor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Forfar; Viscount Tarbat; Lord Raith; Lord Beilhaven; Lord Polwarth; Lord Advocat; Lord Hatton; Lord Fountonhall; Lord Enstruther; Laird of Stivenson; Sir Thomas Livingston

1. NRS, PC2/24, 317v.

2. NRS, PC2/24, 317v.

1. NRS, PC2/24, 317v.

2. NRS, PC2/24, 317v.

Act, 16 January 1694, Edinburgh

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Att Edinburgh the sixteenth day of January Jaj vic nyntie four years

A1694/1/261

Act

[Banishment William Aird]

Anent the petitione given In to the Lords of their Majesties privie Councell Be Collonell John Buchan Sheuing That wheras William Aird souldier in the petitioners regiment sometyme agoe was sentenced to death for the slaughter of a woman in Leith And from tyme to tyme repryved by the saids Lords upon Consideratione that the slaughter was accidentall and that the poor man deserved pitty and Compassione and tyme to apply for his Majesties royall Grace and pardon which accordingly being done to both Secretaries they seem unwilling to Give the King any trowble uithout the consent of the freinds (which could not be expected uithout money wherof the souldier was destitute) And therfore advysed the petitioner to apply to the saids Lords to have the sentence of death changed to that of banishment wherby the man uill be saved and noe occasione of offence remaine And therfore Humbly Supplicating the saids Lords uould be pleased so to alter the said sentence and allow the petitioner to putt it in executione in Carrying him allong uith his regiment that was lyke to Goe out of Scotland as the said petitione Bears The Lords of their Majesties privie Councell having Considered the above petitione Given in Be Collonell Buchane for the said William Aird They heirby alter the sentence of Death pronunced against the said William Aird to Banishment And discharges the putting the said sentence of death to executione Against him And have banished and heirby Banishes the said William Aird furth of their Majesties dominiones And discharges him to returne therto under the paine of Death to be execute Against him uithout mercy And appoyntes the said William Aird to Continow prisoner untill some of their Majesties forces be transported from this to Flanders And ordaines the Magistrats of Edinburgh and Keeper of their tolbooth to delyver him to Sir Thomas Livingstoune Commander in cheiff of their Majesties forces uithin this Kingdome or any officer In their Majesties forces whom he shall appoynte to be by him transported furth of their Majesties dominiones as a souldier In any place of their Majesties regiments In respect he hes Inacted himself in the books of privie Councell That he shall depart furth of their Majesties dominiones and never returne therto under the paine of death to be execute Against him uithout mercy By putting the said former sentence pronunced against him to executione And that he shall goe abroad as a souldier in any regiment of their Majesties forces uith any officer that the said Sir Thomas Livingstoune shall appoynte sic subscribitur Tueeddall cancel: JpD Linlithgow Annandall Tarbat Beilhaven William Master of Forbess James Steuart John Lauder Thomas Livingstoune

At Edinburgh 16 January 1694

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Act

[Banishment William Aird]

Concerning the petition given in to the lords of their majesties’ privy council by Colonel John Buchan showing that whereas William Aird, soldier in the petitioner’s regiment, some time ago was sentenced to death for the slaughter of a woman in Leith, and from time to time reprieved by the said lords upon consideration that the slaughter was accidental and that the poor man deserved pity and compassion and time to apply for his majesty’s royal grace and pardon, which accordingly being done to both secretaries, they seem unwilling to give the king any trouble without the consent of the friends (which could not be expected without money whereof the soldier was destitute), and therefore advised the petitioner to apply to the said lords to have the sentence of death changed to that of banishment, whereby the man will be saved and no occasion of offence remain, and therefore humbly supplicating the said lords would be pleased so to alter the said sentence and allow the petitioner to put it in execution in carrying him along with his regiment that was like to go out of Scotland, as the said petition bears. The lords of their majesties’ privy council having considered the above petition given in by Colonel Buchan for the said William Aird, they hereby alter the sentence of death pronounced against the said William Aird to banishment, and discharge the putting [of] the said sentence of death to execution against him, and have banished and hereby banish the said William Aird forth of their majesty’s dominions, and discharges him to return thereto under the pain of death to be executed against him without mercy. And appoint the said William Aird to continue prisoner until some of their majesty’s forces be transported from this to Flanders, and ordain the magistrates of Edinburgh and keeper of their tolbooth to deliver him to Sir Thomas Livingstone, commander in chief of their majesties’ forces within this kingdom, or any officer in their majesty’s forces whom he shall appoint, to be by him transported forth of their majesty’s dominions as a soldier in any place of their majesty’s regiments, in respect he has enacted himself in the books of privy council that he shall depart forth of their majesty’s dominions and never return thereto under the pain of death to be executed against him without mercy by putting the said former sentence pronounced against him to execution, and that he shall go abroad as a soldier in any regiment of their majesty’s forces with any officer that the said Sir Thomas Livingstone shall appoint. Sic subscribitur Tweeddale chancellor; Linlithgow; Annandale; Tarbat; Belhaven; William, master of Forbes; James Stewart; John Lauder; Thomas Livingstone.

1. NRS, PC1/49, 227-8.

1. NRS, PC1/49, 227-8.

Order, 16 January 1694, Edinburgh

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Att Edinburgh the sixteenth day of January Jaj vic nyntie four years

A1694/1/251

Order

Recomendatione to the Lord Advocat to examine James Patoune and continoues his transportatione

Petitione James Pattoune sentenced to the plantationes for refuising to depone who Gave him the Letter found upon him acknouledging his fault asking pardone and offering to make a full acknouledgement And Craving the benefite of open prisone Being read The Lords of their Majesties privy Councell Recommended to their Majesties Advocat to examine the petitioner And to acquant Uilliam Cunninghame younger of Buqwhan to be present at the examinatione And Continoues the petitioner closs prisoner as formerly And discharges his transportatione till my Lord Advocat make report And Recommends to Sir Thomas Livingstoune Commander in cheiff of their Majesties forces uithin this kingdome to forbear the transporting the petitioner from Edinburgh untill that tyme

At Edinburgh 16 January 1694

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Order

Recommendation to the lord advocate to examine James Patton and continuing his transportation

Petition James Patton, sentenced to the plantations for refusing to depone who gave him the letter found upon him, acknowledging his fault asking pardon and offering to make a full acknowledgement, and craving the benefit of open prison being read, the lords of their majesties’ privy council recommended to their majesty’s advocate to examine the petitioner and to acquaint William Cunningham, younger of Buchan to be present at the examination, and continue the petitioner close prisoner as formerly, and discharge his transportation till my lord advocate make report. And recommend to Sir Thomas Livingstone commander in chief of their majesties’ forces within this kingdom to forbear the transporting [of] the petitioner from Edinburgh until that time.

1. NRS, PC1/49, 226-7.

1. NRS, PC1/49, 226-7.

Sederunt, 16 January 1694, Edinburgh

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Att Edinburgh the sixteenth day of January Jaj vic nyntie four years1

A1694/1/242

Sederunt

Lord Chancellor; Earl of Southerland; Earl of Linlithgow; Earl of Leven; Earl of Forfar; Viscount Tarbat; Lord Raith; Lord Beilhaven; Lord Polluarth; Lord Advocat; Lord Justice Clerk; Lord Funtainhall; Lord Anstruther; Laird of Stevenson; Sir Thomas Livingstoun

At Edinburgh 16 January 16941

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Sederunt

[John Hay, earl of Tweeddale] lord chancellor; [George Gordon] earl of Sutherland; [George Livingston] earl of Linlithgow; [David Melville] earl of Leven; [Archibald Douglas] earl of Forfar; [George Mackenzie] viscount of Tarbat; [Alexander Melville] Lord Raith; [John Hamilton] Lord Belhaven; [Sir Patrick Hume] Lord Polwarth; [Sir James Stewart of Goodtrees], lord advocate; [Adam Cockburn] lord justice clerk; [Sir John Lauder] Lord Fountainhall; [William] Lord Anstruther; [Sir Robert Sinclair] laird of Stevenson; Sir Thomas Livingstone

1. NRS, PC1/49, 226.

2. NRS, PC1/49, 226.

1. NRS, PC1/49, 226.

2. NRS, PC1/49, 226.