Tag Archives: 17 April 1701

Petition, 17 April 1701, Edinburgh

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Att Edinburgh The seventeenth day of Apryll 1701

D1701/4/141

Petition

Aliment to the Lady Cluthick

Anent the petition given in and presented to the Lords of privie Councill By Catherine Douglas Relict of the deceast John Campbell of Clathick Humbly Shewing That in the petitioners Contract of Mariage with he said Deceast husband she had a Lyfrent provision of six hundreth merks yearly out of his Lands of Clathick and was infeft therupon in anno Jaj vjc nynty three Her Father Mr William Douglas of Bands being oblidged for six Thousand merks of Tocher in the forsaid Contract Did make most punctwall payment therof upon the faith that her lyfrent would be effectwall and that her husbands lands were worth tuelve hundreth merks per annum after her husband comeing to die in anno Jaj vjc nynty fyve Leaveing her with a sone and a Daughter she was keeped out of or thrust from the possession of her Liferent by Coline Campbell of Lochland who brevi manu without any order of Law took possession of all both Lands and moveables that her husband had left and hes airtfully keeped her from persewing hiherto by fair promises and overtures of submissions till it cam to the subscryveing To which she gave ear not desireing to be heard in Law by reason of the profound respect she bore to her Husbands memorie and that she had no means to play Whyle in the mean time she hes been necessitat to contract debts for her subsistance besides the Charritie of her freinds The petitioner did therfore most humblie apply to their Lordships Justice and Compassion for ane aliment against the said Coline Campbell of Lochland who hes being and is still in possession of Her husbands estate The Lands extending to about tuelve hundreth merks yearly The victwall wherof dureing the time of this late dearth amounts to a great value and the moveables being about three thousand merks in estimat wherof he hes never made any accompt wpon these grounds primo That the petitioner standing infeft of the forsaid six hundreth merks yearly Her Husbands possession was her possession And consequently she had good intrest to claim the being reponed therunto Being put therfrom by Lochland without any order of Law as a forsaid Their Lordships being in use to right his majesties Leidges in their possession and more especially the Widowes and orphans who are in a peculiar mainer under His Majesties protection Secudo This being ane Intervall of the sitting of the session while it was Interrupted by the Sitting of parliament And she haveing no means so much as for raising of proceses for makeing his right fully effectwall before their Lordships It as most humbly hoped that in the mean time Their Lordships would at the Least modifie ane aliment to the petitioner That she and one of her Children who stayes with her may not starve And Decerne in respect of the bygones resting to her wuch a Compitent soume for receiveing her most pressing debts and caryeing on her proces as their Lordships shall think fitt Tertio As the petitioner Could not think That Lochland would make any opposition heirunto In respect it will be alloued to him in his accompts and Defalked from the petitioner when she claims the rests so if there were not some remeids for poor destitute widows in such a Circumstantiat cause Then it would be easie for any person who had the confidence to thrust himself into possession of what belongs to them in the Highlands or near it (On the faith wherof the Loan of money cannot well be expected here) and they never be in capacitie of recovering it or wanting aither expenses or subsistance which necessarly bring the matter under the Justice and regulation of the Government Naither can it be pretended for Lochland that he can cover his possession by ane Adjudication ledd against the petitioners Husband at the instance of his mother and assigned to Lochland her husbands mother the Adjudger For in the first place as the very telling of this speaks in trust for the petitioners husbands behove which in consequence did accress to the petitioners right it being the deed of a mother so defacto Lochland cannot deny that he granted a Backbond (Wherof a double was shouen to their Lordships) oblidging himself be denude in favours of the petitioners husband or a blank person upon payment of tuo thousand and odd pounds Which soume is much more then Quadruple payed by his forsaids Intromissions In the second place The petitioners infeftment in the year Jaj vjc Nynty three is confessedlie prir and therfore preferrable to this posteriror Adjudication Especially considering the late act of parliament anent appearand heirs But in the third place The legall of this Adjucaction is still Current And as it is extinct by Intromissions so the estate is far beyond any debt due by the late Heretors of it And if there by any Clamour made wpon that head it can only proceed from manifast disingenuitie and designe of shifteing the petitioenrs Just right by rendering her incapable aither to live or prosecute it In the fourth place The petitioners demands is sufficiently Founded wpon possession which uncontrovertedly comes under the Lords of privie Councills Cognizeance For her husbands possession being her possession it was a kynd of Intrusion in Lochland to come in therupon after her husbands Death without any order of Law Whence It was most humblie hoped that their Lordships equitie and Commiseration and would care for Defence of the Widdow and Fatherles would aither Repone the petitioner to her possession or otherwayes in Liew therof Modifie her Intrest therin by appoynting ane aliment to her in the mean time without which she would never be able to make her right effectwall or to subsist Her caise being most singularly speciall and circumstantiat Therfore Craveing the saids Lords to appoynt the said Coline Campbell of Lochland possessor of the petitioners Joynture lands of of her husbands other estate to pay to her such ane aliment as their Lordships should think fitt Beginning the first erme at Whitsonday next Togither with such a soume to be Imputed in the first and of bygones As the saids Lords shall think expedient In respect of her Rights produced, The possession which was due to her, Her Incapacitie of makeing her Right fully effectwall, or substing otherwayes and the other Circumstantiat speciallities of her caise And in place of a Citation To allow the petitioner to make intimation to the said Coline Campbell As the said petition bears The Lords of His Majesties privie Councill haveing considered this petition given in to them by the Lady Clathick With Answers therto by Campbell of Lochland with a verball report of the Committie could not agree the parties They Heirby modifie and Appoynt the soume of six hundreth merks to be payed to the petitioner And Decernes and ordains the said Coline Campbell of Lohland who is possessor of the petitioners Joynture lands to make payment to her of the samen at the termes of Whitsonday and Lambas next to come three hundreth merks at each terme And that for the petitioners aliment ay and whill the Lands wheron she was said to be infeft shall be sold and disposed on before the Lords of Session before whom they are Informed a proces of sale is depending presently

Att Edinburgh The seventeenth day of Apryll 1701

D1701/4/141

Petition

Aliment to the Lady Cluthick

Anent the petition given in and presented to the Lords of privie Councill By Catherine Douglas Relict of the deceast John Campbell of Clathick Humbly Shewing That in the petitioners Contract of Mariage with he said Deceast husband she had a Lyfrent provision of six hundreth merks yearly out of his Lands of Clathick and was infeft therupon in anno Jaj vjc nynty three Her Father Mr William Douglas of Bands being oblidged for six Thousand merks of Tocher in the forsaid Contract Did make most punctwall payment therof upon the faith that her lyfrent would be effectwall and that her husbands lands were worth tuelve hundreth merks per annum after her husband comeing to die in anno Jaj vjc nynty fyve Leaveing her with a sone and a Daughter she was keeped out of or thrust from the possession of her Liferent by Coline Campbell of Lochland who brevi manu without any order of Law took possession of all both Lands and moveables that her husband had left and hes airtfully keeped her from persewing hiherto by fair promises and overtures of submissions till it cam to the subscryveing To which she gave ear not desireing to be heard in Law by reason of the profound respect she bore to her Husbands memorie and that she had no means to play Whyle in the mean time she hes been necessitat to contract debts for her subsistance besides the Charritie of her freinds The petitioner did therfore most humblie apply to their Lordships Justice and Compassion for ane aliment against the said Coline Campbell of Lochland who hes being and is still in possession of Her husbands estate The Lands extending to about tuelve hundreth merks yearly The victwall wherof dureing the time of this late dearth amounts to a great value and the moveables being about three thousand merks in estimat wherof he hes never made any accompt wpon these grounds primo That the petitioner standing infeft of the forsaid six hundreth merks yearly Her Husbands possession was her possession And consequently she had good intrest to claim the being reponed therunto Being put therfrom by Lochland without any order of Law as a forsaid Their Lordships being in use to right his majesties Leidges in their possession and more especially the Widowes and orphans who are in a peculiar mainer under His Majesties protection Secudo This being ane Intervall of the sitting of the session while it was Interrupted by the Sitting of parliament And she haveing no means so much as for raising of proceses for makeing his right fully effectwall before their Lordships It as most humbly hoped that in the mean time Their Lordships would at the Least modifie ane aliment to the petitioner That she and one of her Children who stayes with her may not starve And Decerne in respect of the bygones resting to her wuch a Compitent soume for receiveing her most pressing debts and caryeing on her proces as their Lordships shall think fitt Tertio As the petitioner Could not think That Lochland would make any opposition heirunto In respect it will be alloued to him in his accompts and Defalked from the petitioner when she claims the rests so if there were not some remeids for poor destitute widows in such a Circumstantiat cause Then it would be easie for any person who had the confidence to thrust himself into possession of what belongs to them in the Highlands or near it (On the faith wherof the Loan of money cannot well be expected here) and they never be in capacitie of recovering it or wanting aither expenses or subsistance which necessarly bring the matter under the Justice and regulation of the Government Naither can it be pretended for Lochland that he can cover his possession by ane Adjudication ledd against the petitioners Husband at the instance of his mother and assigned to Lochland her husbands mother the Adjudger For in the first place as the very telling of this speaks in trust for the petitioners husbands behove which in consequence did accress to the petitioners right it being the deed of a mother so defacto Lochland cannot deny that he granted a Backbond (Wherof a double was shouen to their Lordships) oblidging himself be denude in favours of the petitioners husband or a blank person upon payment of tuo thousand and odd pounds Which soume is much more then Quadruple payed by his forsaids Intromissions In the second place The petitioners infeftment in the year Jaj vjc Nynty three is confessedlie prir and therfore preferrable to this posteriror Adjudication Especially considering the late act of parliament anent appearand heirs But in the third place The legall of this Adjucaction is still Current And as it is extinct by Intromissions so the estate is far beyond any debt due by the late Heretors of it And if there by any Clamour made wpon that head it can only proceed from manifast disingenuitie and designe of shifteing the petitioenrs Just right by rendering her incapable aither to live or prosecute it In the fourth place The petitioners demands is sufficiently Founded wpon possession which uncontrovertedly comes under the Lords of privie Councills Cognizeance For her husbands possession being her possession it was a kynd of Intrusion in Lochland to come in therupon after her husbands Death without any order of Law Whence It was most humblie hoped that their Lordships equitie and Commiseration and would care for Defence of the Widdow and Fatherles would aither Repone the petitioner to her possession or otherwayes in Liew therof Modifie her Intrest therin by appoynting ane aliment to her in the mean time without which she would never be able to make her right effectwall or to subsist Her caise being most singularly speciall and circumstantiat Therfore Craveing the saids Lords to appoynt the said Coline Campbell of Lochland possessor of the petitioners Joynture lands of of her husbands other estate to pay to her such ane aliment as their Lordships should think fitt Beginning the first erme at Whitsonday next Togither with such a soume to be Imputed in the first and of bygones As the saids Lords shall think expedient In respect of her Rights produced, The possession which was due to her, Her Incapacitie of makeing her Right fully effectwall, or substing otherwayes and the other Circumstantiat speciallities of her caise And in place of a Citation To allow the petitioner to make intimation to the said Coline Campbell As the said petition bears The Lords of His Majesties privie Councill haveing considered this petition given in to them by the Lady Clathick With Answers therto by Campbell of Lochland with a verball report of the Committie could not agree the parties They Heirby modifie and Appoynt the soume of six hundreth merks to be payed to the petitioner And Decernes and ordains the said Coline Campbell of Lohland who is possessor of the petitioners Joynture lands to make payment to her of the samen at the termes of Whitsonday and Lambas next to come three hundreth merks at each terme And that for the petitioners aliment ay and whill the Lands wheron she was said to be infeft shall be sold and disposed on before the Lords of Session before whom they are Informed a proces of sale is depending presently

1. NRS, PC2/28, 81v-83v.

1. NRS, PC2/28, 81v-83v.

Act, 17 April 1701, Edinburgh

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Att Edinburgh The seventeenth day of Apryll 1701

D1701/4/131

Act

Act Livetenant Collonell Erskine anent the stipends of Culross, Carnock and others

Anent the petition given in to the Lords of His Majesties privie Councill by Livtennant Collonell John Erskine Governor of the Castle of Dumbartain Shewing That wher the petitioner obtained decreit of sale before the Lords of Councill and Session at his instance of the haill Lands Estate and others sometimes pertaining to the deceast Alexander Earle of Kincardin By vertue wherof and by the laues and acts of parliament of this Kingdome The petitioner hes good and undoubted right to the patronages of the Kirks of Culross, Carnock, Torrie and Tullieallan And also to Dispose upon the vaccant stipends of the saids kirks to pious uses within the saids severall paroches And in persewance of his Right of the saids vaccant stipends for applyeing the same for pious uses The petitioner hes granted a Commission To John Crocker for uplifting of the same As the forsaid Decreit of sale with the Commission abovementioend shouen to the saids Lords Doe testifie And seing the petitioner is not as yet Infeft wpon the forsaid Decreit of sale And so his Father cannot use summar execution against the tennents and others subject and lyable in payment of the said vaccant stipend Wherby the saids vaccant stipends may perish in the tennents hands unles remeid were provyded And therefore humbly Craveing To the effect aftermentioned As the said petition bears The Lords of His Majesties privie Councill haveing considered this petition given in to them by the said Livetennant Collonell John Erskine Governour of the Castle of Dumbartain with the Factorie or Commission by the said Livtennant Collonell to John Crocket in Kinardin mentioned in and produced with the said petition They heirby allow the said Livetennant Collonell John Arskine The haill vaccant stipends of the above four paroches of Culross, Carnock, Torrie and Tullieallan Dureing the whole years and time for which they have bein vaccant And ay and whill the saids kirks be filled up and supplied with Ministers in cace they be still vaccant And Decernes and ordaines the said John Crocket Factor forsaid To be readily ansuered obeyed and payed of the saids stipends by the Heretors Lyfrenters Fermorers wodseters Titulars Tacksmen of teinds tennents possessors and others Lyable in payment therof (The expenses alloued to Ministers who have or shall preach at any of the saids Churches dureing the vaccancie being allwayes alloued to minister who have or shall preach at any of the saids Churches dureing the vaccancie being allwayes allowed and Retained out of the first end of the saids vaccant stipends) And ordains Letters of Horning under the signet of Councill on fyftein dayes to pass heiron at the instance of the said John Crocket Factor forsaid against the Heretors and others forsaid lyable in payment of the saids vaccant stipnds with allouance as said is And that upon production of a Decreit of Locallity And Icaice there be non ordains The heretors and others forsaid To make payment to the said Factor of their Respective proportions of the saids vaccant stipends (allowing of the expenses as said is) according as the same shall be determined by the Judge ordinar

Att Edinburgh The seventeenth day of Apryll 1701

D1701/4/131

Act

Act Livetenant Collonell Erskine anent the stipends of Culross, Carnock and others

Anent the petition given in to the Lords of His Majesties privie Councill by Livtennant Collonell John Erskine Governor of the Castle of Dumbartain Shewing That wher the petitioner obtained decreit of sale before the Lords of Councill and Session at his instance of the haill Lands Estate and others sometimes pertaining to the deceast Alexander Earle of Kincardin By vertue wherof and by the laues and acts of parliament of this Kingdome The petitioner hes good and undoubted right to the patronages of the Kirks of Culross, Carnock, Torrie and Tullieallan And also to Dispose upon the vaccant stipends of the saids kirks to pious uses within the saids severall paroches And in persewance of his Right of the saids vaccant stipends for applyeing the same for pious uses The petitioner hes granted a Commission To John Crocker for uplifting of the same As the forsaid Decreit of sale with the Commission abovementioend shouen to the saids Lords Doe testifie And seing the petitioner is not as yet Infeft wpon the forsaid Decreit of sale And so his Father cannot use summar execution against the tennents and others subject and lyable in payment of the said vaccant stipend Wherby the saids vaccant stipends may perish in the tennents hands unles remeid were provyded And therefore humbly Craveing To the effect aftermentioned As the said petition bears The Lords of His Majesties privie Councill haveing considered this petition given in to them by the said Livetennant Collonell John Erskine Governour of the Castle of Dumbartain with the Factorie or Commission by the said Livtennant Collonell to John Crocket in Kinardin mentioned in and produced with the said petition They heirby allow the said Livetennant Collonell John Arskine The haill vaccant stipends of the above four paroches of Culross, Carnock, Torrie and Tullieallan Dureing the whole years and time for which they have bein vaccant And ay and whill the saids kirks be filled up and supplied with Ministers in cace they be still vaccant And Decernes and ordaines the said John Crocket Factor forsaid To be readily ansuered obeyed and payed of the saids stipends by the Heretors Lyfrenters Fermorers wodseters Titulars Tacksmen of teinds tennents possessors and others Lyable in payment therof (The expenses alloued to Ministers who have or shall preach at any of the saids Churches dureing the vaccancie being allwayes alloued to minister who have or shall preach at any of the saids Churches dureing the vaccancie being allwayes allowed and Retained out of the first end of the saids vaccant stipends) And ordains Letters of Horning under the signet of Councill on fyftein dayes to pass heiron at the instance of the said John Crocket Factor forsaid against the Heretors and others forsaid lyable in payment of the saids vaccant stipnds with allouance as said is And that upon production of a Decreit of Locallity And Icaice there be non ordains The heretors and others forsaid To make payment to the said Factor of their Respective proportions of the saids vaccant stipends (allowing of the expenses as said is) according as the same shall be determined by the Judge ordinar

1. NRS, PC2/28, 80v-81v.

1. NRS, PC2/28, 80v-81v.

Sederunt, 17 April 1701, Edinburgh

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Att Edinburgh The seventeenth day of Apryll 17011

D1701/4/122

Sederunt

Lord Chancelor; Earl of Annandale; Viscount Tarbat; Lord Montgomrie; Lord Polwarth; Lord Forbes; Lord President of Session; Lord Advocat; Lord Thesaurer deput; Lord Justice clerk; Lord Aberuchill; Lord Crocerig; Lord Rankeilor; Lord Phesdo; Mr Fances Montgomrie; Laird of Grant; Lord provost of Edinburgh

Att Edinburgh The seventeenth day of Apryll 17011

D1701/4/122

Sederunt

Lord Chancelor; Earl of Annandale; Viscount Tarbat; Lord Montgomrie; Lord Polwarth; Lord Forbes; Lord President of Session; Lord Advocat; Lord Thesaurer deput; Lord Justice clerk; Lord Aberuchill; Lord Crocerig; Lord Rankeilor; Lord Phesdo; Mr Fances Montgomrie; Laird of Grant; Lord provost of Edinburgh

1. NRS, PC2/28, 80v.

2. NRS, PC2/28, 80v.

1. NRS, PC2/28, 80v.

2. NRS, PC2/28, 80v.

Act, 17 April 1701, Edinburgh

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Att Edinburgh The Seventeenth day of Aprile Jaj viic and one years

A1701/4/221

Act

Act John Clerk and Alexander Gordon merchants in Greenock

Anent The Petition given in to the Lords of His Majesties privy Councill By John Clerk merchant in Greenock and Alexander Gordon also merchant ther Shewing That Where in december and January last, There was Imported from Ireland in four Small boats some barley, bear, malt, and a Small quantity of meall, The First of which boats John Allan master, arryved in Bute about the First of January, before the Proclamation, which is upon the Sixth, and the Second and third Morrson and Humble masters arryved about the End of January, and the fourth one Hunter also master, a few days therafter, and all the three before the proclamation was published at Glasgow, So that they the persons Concerned, were neither questioned for the unloading, nor did they Imagine the least hazard, Specially perceaveing that their Lordships upon application have allowed the Importation to Severalls who have Imported and unloaded after them, It being certan that what was Imported in the four boats abovementioned was unloaded in Scotland, before any of the Victuall that their Lordships have dispensed with as Imported after the proclamation Likeas The said Victuall, wherin they are Concerned was fairly put in Lofts and Girnells, and a good pairt of it, Is already Sold and disposed of, But John Alexander of Blackhouse lately Commissionat by their Lordships for Executing of their Proclamation against the Importing of Irish Victuall in these pairts, finding a pairt of their victuall a Small quantity of meall Still unsold, and being unwilling of himself to do any thing that might appear to be a dispensing with their Lordships proclamation, albeit otherwayes Satisfyed, that they were no transgressors hath with these feu days caused arreist their forsaid Victuall yet undisposed off, So that necessary It is for them to have their Lordships discharge of the Said arrestment for his and their Exoneration, And Seing that they are ready to Instruct and verify the premises, partly by bills of Loadning and Letters of Advice, where any were Sent, and partly by Witnesses to the Importing and unloading of the said litle boats and that they are content, to make faith to best of their knowledge upon the verity of the whole premises, And Therfore Humbly Craving to the Effect underwrittin as the said petition bears. The Saids Lords of His Majestys privy Councill, having considered the above petition given in to them by John Clerk and Alexander Gordon merchants in Greenwick, with the Report of a Committy of their own number anent victuall brought from Ireland and Blackhouse his Commission for Seazeing therof, They find that the Victuall Contained in the said petition Falls under the first pairt of the Said Report, wherby the Committy declares it as their opinion, That any Victuall that came in after the proclamation which was2 upon the Sixth day of January last, that was before that tyme bona fide bought in Ireland and Imported before the tenth day of February therafter, Should not fall under the Certification in the act, neither against Importers nor buyers therof And Therfore The Saids Lords do heirby loose and discharge the arrestments mentioned in the Said Bill, and allow the said victuall to be disposed off.

Att Edinburgh The Seventeenth day of Aprile Jaj viic and one years

A1701/4/221

Act

Act John Clerk and Alexander Gordon merchants in Greenock

Anent The Petition given in to the Lords of His Majesties privy Councill By John Clerk merchant in Greenock and Alexander Gordon also merchant ther Shewing That Where in december and January last, There was Imported from Ireland in four Small boats some barley, bear, malt, and a Small quantity of meall, The First of which boats John Allan master, arryved in Bute about the First of January, before the Proclamation, which is upon the Sixth, and the Second and third Morrson and Humble masters arryved about the End of January, and the fourth one Hunter also master, a few days therafter, and all the three before the proclamation was published at Glasgow, So that they the persons Concerned, were neither questioned for the unloading, nor did they Imagine the least hazard, Specially perceaveing that their Lordships upon application have allowed the Importation to Severalls who have Imported and unloaded after them, It being certan that what was Imported in the four boats abovementioned was unloaded in Scotland, before any of the Victuall that their Lordships have dispensed with as Imported after the proclamation Likeas The said Victuall, wherin they are Concerned was fairly put in Lofts and Girnells, and a good pairt of it, Is already Sold and disposed of, But John Alexander of Blackhouse lately Commissionat by their Lordships for Executing of their Proclamation against the Importing of Irish Victuall in these pairts, finding a pairt of their victuall a Small quantity of meall Still unsold, and being unwilling of himself to do any thing that might appear to be a dispensing with their Lordships proclamation, albeit otherwayes Satisfyed, that they were no transgressors hath with these feu days caused arreist their forsaid Victuall yet undisposed off, So that necessary It is for them to have their Lordships discharge of the Said arrestment for his and their Exoneration, And Seing that they are ready to Instruct and verify the premises, partly by bills of Loadning and Letters of Advice, where any were Sent, and partly by Witnesses to the Importing and unloading of the said litle boats and that they are content, to make faith to best of their knowledge upon the verity of the whole premises, And Therfore Humbly Craving to the Effect underwrittin as the said petition bears. The Saids Lords of His Majestys privy Councill, having considered the above petition given in to them by John Clerk and Alexander Gordon merchants in Greenwick, with the Report of a Committy of their own number anent victuall brought from Ireland and Blackhouse his Commission for Seazeing therof, They find that the Victuall Contained in the said petition Falls under the first pairt of the Said Report, wherby the Committy declares it as their opinion, That any Victuall that came in after the proclamation which was2 upon the Sixth day of January last, that was before that tyme bona fide bought in Ireland and Imported before the tenth day of February therafter, Should not fall under the Certification in the act, neither against Importers nor buyers therof And Therfore The Saids Lords do heirby loose and discharge the arrestments mentioned in the Said Bill, and allow the said victuall to be disposed off.

1. NRS, PC1/52, 218-19.

2. The word ‘after’ scored out here.

1. NRS, PC1/52, 218-19.

2. The word ‘after’ scored out here.

Warrant, 17 April 1701, Edinburgh

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Att Edinburgh The Seventeenth day of Aprile Jaj viic and one years

A1701/4/211

Warrant

Warrant To officers for beating of drums to make use of their Recruits

The Lords of His Majestys privy Councill, do heirby allow and authorize the Colonells and other officers of the Regiments under his Majesties Service, to cause beat dums for making up their recruits within the City of Edinburgh, They making use of the Towns drumery or in any other place, for recruiting of their Regiments whither here or in Holland in his Majestys Service, And allowes them to have the use of prisons in this Kingdom for Retaining their Recruits and deserters or others. Engadged with them therin, untill they Shall be transported, and grants warrand to them to Seaze upon deserters, And ordains all magistrats and other magistrats to give their Concurrence to the saids officers for making up their Recruits and Secureing their deserters and others who shall willingly Engadge with them, The saids officers always mantaining the Recruits and others to be Committed to prison by them, upon their own propper Charges and Expenses.

Att Edinburgh The Seventeenth day of Aprile Jaj viic and one years

A1701/4/211

Warrant

Warrant To officers for beating of drums to make use of their Recruits

The Lords of His Majestys privy Councill, do heirby allow and authorize the Colonells and other officers of the Regiments under his Majesties Service, to cause beat dums for making up their recruits within the City of Edinburgh, They making use of the Towns drumery or in any other place, for recruiting of their Regiments whither here or in Holland in his Majestys Service, And allowes them to have the use of prisons in this Kingdom for Retaining their Recruits and deserters or others. Engadged with them therin, untill they Shall be transported, and grants warrand to them to Seaze upon deserters, And ordains all magistrats and other magistrats to give their Concurrence to the saids officers for making up their Recruits and Secureing their deserters and others who shall willingly Engadge with them, The saids officers always mantaining the Recruits and others to be Committed to prison by them, upon their own propper Charges and Expenses.

1. NRS, PC1/52, 218.

1. NRS, PC1/52, 218.

Warrant, 17 April 1701, Edinburgh

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Att Edinburgh The Seventeenth day of Aprile Jaj viic and one years

A1701/4/201

Warrant

Warrant to Captain McKenzie to Command Island Donald

The Lords of His majestys privy Councill, Considering that the Romish preists and others of that Religion are confidently reporting through the Shyre of Ross, and other places among the Highlands, They heirby Recommend and give order and Warrant to Brigadier Maitland Commander of the Garrison at Fortwilliam, to put a Garrison of his men in the Island of Island Donald Consisting of Twenty or Twenty four men, And Recommends to Major Generall Ramsay Commander in Cheiff of His majestys forces within this Kingdom and to the said Brigadier Maitland to grant a Commission to Captain Alexander McKenzie in his Majestys foot guards for Commanding the said Garrison, with power to the said Captain, to cause Seaze upon and Secure all papists or other traficqueing preists, travelling out of the Highlands of Ross Shyre in Rossey or other places, and appoints the Said Captain to make report to the Lords of Privy Councill from tyme to tyme.

Att Edinburgh The Seventeenth day of Aprile Jaj viic and one years

A1701/4/201

Warrant

Warrant to Captain McKenzie to Command Island Donald

The Lords of His majestys privy Councill, Considering that the Romish preists and others of that Religion are confidently reporting through the Shyre of Ross, and other places among the Highlands, They heirby Recommend and give order and Warrant to Brigadier Maitland Commander of the Garrison at Fortwilliam, to put a Garrison of his men in the Island of Island Donald Consisting of Twenty or Twenty four men, And Recommends to Major Generall Ramsay Commander in Cheiff of His majestys forces within this Kingdom and to the said Brigadier Maitland to grant a Commission to Captain Alexander McKenzie in his Majestys foot guards for Commanding the said Garrison, with power to the said Captain, to cause Seaze upon and Secure all papists or other traficqueing preists, travelling out of the Highlands of Ross Shyre in Rossey or other places, and appoints the Said Captain to make report to the Lords of Privy Councill from tyme to tyme.

1. NRS, PC1/52, 218.

1. NRS, PC1/52, 218.

Act, 17 April 1701, Edinburgh

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Att Edinburgh The Seventeenth day of Aprile Jaj viic and one years

A1701/4/191

Act

Act Anna Lindsay for the vaccand Stipend of Kemnay

Anent The Petition given in to the Lords of His Majestys privy Councill by Anna Lindsay, relict to the deceast Mr James Willox minister at Kemnay, Shewing That Where their petitioners husband having Served in the ministry at the Church of Kemnay in Aberdeen Shyre for many years and having built ane manse to the Value of Two Thousand one Hundred merks, yet he in no tyme of his Life, nor She after his deceass demanded from of the said pariochin any Reimbursements therof, wherby and ane long Lingering Sickness her Husband Contracted and dyed off, She and her numerous family fell into great Straits, wherby She was necessitat to apply her self to the Vnited presbetry of Deer and Garrioch within the bounds wherof the said Church lyeth and they being knowen to her difficulties, did Recommend her to their Lordships for obtaining ane Gift of the vacand Stipends of the Said Church for the Cropt and year of God, Jaj vic nynty Eight, and what other Stipends may be vacand Since the deceass of the said husband, preceeding the Entry of the present ministers his Immediat Successor (The Expenses of the Supplys During the forsaid tyme being always first allowed and deduced) as the said Recomendation therwith produced more fully bears. And Therfore Humbly Craving to the Effect underwrittin as the said petition bears. The Saids Lords of His Majesties privy Councill having Considered this petition given in to them by the above Anna Lindsay, with the Recommendation of the Vnited presbetrys of Ellon Old Deer and Garrioch mentioned therin and produced therwith They heirby allow 2 the petition the vacant Stipend of the above Kirk of Kemney in Aberdeen Shyre for the Cropt and year of God Jaj vic nynty Eight years with what other Stipends of the said Church may be vacant, Since the deceass of the petitioners husband which was upon the […] day of […] years preceeding the Entry of the present minister, which was upon the […] day of […] allowing the Expenses of the Supplys during the said tyme to be first deduced furth therof, And decerns and ordaines the said petitioner to be readily answered and payed of the saids Stipends by the Heretors fermers, titulars, Tacksmen of Teinds Tennents possessors and others lyable in payment therof, And ordaines Letters of Horning under the Signet of Councill on fifteen days to pass heiron at the petitioners Instance against the heretors and others forsaids lyable in payment of the saids vacant Stipends with allowance as said is, upon production of Locality, and in caice ther be none; ordaines the heretors and others forsaids to make payment to the petitioner of their respective proportions of the saids vacant Stipends (allowing of the Expences as said is) according as the same shall be determined by the Judge ordinary.

Att Edinburgh The Seventeenth day of Aprile Jaj viic and one years

A1701/4/191

Act

Act Anna Lindsay for the vaccand Stipend of Kemnay

Anent The Petition given in to the Lords of His Majestys privy Councill by Anna Lindsay, relict to the deceast Mr James Willox minister at Kemnay, Shewing That Where their petitioners husband having Served in the ministry at the Church of Kemnay in Aberdeen Shyre for many years and having built ane manse to the Value of Two Thousand one Hundred merks, yet he in no tyme of his Life, nor She after his deceass demanded from of the said pariochin any Reimbursements therof, wherby and ane long Lingering Sickness her Husband Contracted and dyed off, She and her numerous family fell into great Straits, wherby She was necessitat to apply her self to the Vnited presbetry of Deer and Garrioch within the bounds wherof the said Church lyeth and they being knowen to her difficulties, did Recommend her to their Lordships for obtaining ane Gift of the vacand Stipends of the Said Church for the Cropt and year of God, Jaj vic nynty Eight, and what other Stipends may be vacand Since the deceass of the said husband, preceeding the Entry of the present ministers his Immediat Successor (The Expenses of the Supplys During the forsaid tyme being always first allowed and deduced) as the said Recomendation therwith produced more fully bears. And Therfore Humbly Craving to the Effect underwrittin as the said petition bears. The Saids Lords of His Majesties privy Councill having Considered this petition given in to them by the above Anna Lindsay, with the Recommendation of the Vnited presbetrys of Ellon Old Deer and Garrioch mentioned therin and produced therwith They heirby allow 2 the petition the vacant Stipend of the above Kirk of Kemney in Aberdeen Shyre for the Cropt and year of God Jaj vic nynty Eight years with what other Stipends of the said Church may be vacant, Since the deceass of the petitioners husband which was upon the […] day of […] years preceeding the Entry of the present minister, which was upon the […] day of […] allowing the Expenses of the Supplys during the said tyme to be first deduced furth therof, And decerns and ordaines the said petitioner to be readily answered and payed of the saids Stipends by the Heretors fermers, titulars, Tacksmen of Teinds Tennents possessors and others lyable in payment therof, And ordaines Letters of Horning under the Signet of Councill on fifteen days to pass heiron at the petitioners Instance against the heretors and others forsaids lyable in payment of the saids vacant Stipends with allowance as said is, upon production of Locality, and in caice ther be none; ordaines the heretors and others forsaids to make payment to the petitioner of their respective proportions of the saids vacant Stipends (allowing of the Expences as said is) according as the same shall be determined by the Judge ordinary.

1. NRS, PC1/52, 217.

2. to

1. NRS, PC1/52, 217.

2. to

Act, 17 April 1701, Edinburgh

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Att Edinburgh The Seventeenth day of Aprile Jaj viic and one years

A1701/4/181

Act

Act Ensign James Gibsone

Anent the petition given in to the Lords of His Majestys privy Councill by Ensign James Gibson, Shewing, That where he being Commissionat to this Kingdom for Levying men, To Recruit the Regiment Commanded by Colonel Robert Murray now lying in Holland, and to that end having used all the moyen and pains possible to make up his Complaint, and notwithstanding frustrat, and considering that John Martine late Servitor to Mr John Home Advocat, being lately Impannelled for Hamesucken and other Crymes before the Justice Court, and by their Lordships Sentenced to be banished furth of this Kingdom in manner mentioned in the Said Sentence. And Therfore Humbly Craving to the Effect underwrittin, as the said petition bears. The Saids Lords of His Majestys privy Councill having Considered this petition given in to them by the above Ensign James Gibson, They do heirby allow the above John Morton to be one of the Recruits as a Souldier under the said Ensigns Command in Colonel Robert Murray his Regiment in his Majestys Service now lying in Holland, and heirby gives order and Warrant to the magistrats of Edinburgh, and keeper of their tolbooth where the Said John is prisoner, Immediatly after the Sentence of the Lords Commissioners of His Majestys Justiciary, pronunced upon the […] day of Aprile instant against the said John Morton is put to Execution against him, To Exhibite and deliver the said John to the Said Ensign James Gibson, to be carryed abroad by him as a Souldier, in his majestys Service as said is, The said John first before he came furth of the said tolbooth Enacting himself in the books of Adjournall of the Criminal Court, That he Shall never Return into this Kingdom, under the pains Contained in the said sentence, And the said Ensign Gibson first granting his obligation, that he shall transport the said John Morton furth of this Kingdom.

Att Edinburgh The Seventeenth day of Aprile Jaj viic and one years

A1701/4/181

Act

Act Ensign James Gibsone

Anent the petition given in to the Lords of His Majestys privy Councill by Ensign James Gibson, Shewing, That where he being Commissionat to this Kingdom for Levying men, To Recruit the Regiment Commanded by Colonel Robert Murray now lying in Holland, and to that end having used all the moyen and pains possible to make up his Complaint, and notwithstanding frustrat, and considering that John Martine late Servitor to Mr John Home Advocat, being lately Impannelled for Hamesucken and other Crymes before the Justice Court, and by their Lordships Sentenced to be banished furth of this Kingdom in manner mentioned in the Said Sentence. And Therfore Humbly Craving to the Effect underwrittin, as the said petition bears. The Saids Lords of His Majestys privy Councill having Considered this petition given in to them by the above Ensign James Gibson, They do heirby allow the above John Morton to be one of the Recruits as a Souldier under the said Ensigns Command in Colonel Robert Murray his Regiment in his Majestys Service now lying in Holland, and heirby gives order and Warrant to the magistrats of Edinburgh, and keeper of their tolbooth where the Said John is prisoner, Immediatly after the Sentence of the Lords Commissioners of His Majestys Justiciary, pronunced upon the […] day of Aprile instant against the said John Morton is put to Execution against him, To Exhibite and deliver the said John to the Said Ensign James Gibson, to be carryed abroad by him as a Souldier, in his majestys Service as said is, The said John first before he came furth of the said tolbooth Enacting himself in the books of Adjournall of the Criminal Court, That he Shall never Return into this Kingdom, under the pains Contained in the said sentence, And the said Ensign Gibson first granting his obligation, that he shall transport the said John Morton furth of this Kingdom.

1. NRS, PC1/52, 216.

1. NRS, PC1/52, 216.

Procedure: committee formed, 17 April 1701, Edinburgh

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Att Edinburgh The Seventeenth day of Aprile Jaj viic and one years

A1701/4/171

Procedure: committee formed

Committee for hearing Complaints anent the pole 1693 and 1695

The Lords of His majestys privy Councill, do heirby Recommend and Remitt to the Committy appointed for the publict affairs for this vaccance, viz The Earles of Lauderdale, Leven Annandale and Forfar, The Lord Viscount of Tarbat, Lord Advocat Lord Thesaurer deput, Lord Crosrigg and Phesdoe, Sir Robert Sinclar of Stevensone and Sir Patrick Johnston present Lord Provost of Edinburgh, To Receave and hear all Complaints which Shall be made to them from any persons, living within any place of the Kingdom against the Collectors uplifters tacksmen or others Ingatherers of the pole, Imposed in the years, Jaj vic nynty three, and Jaj vic nyntie five, and to hear all parties concerned and to make there Report of their procedour in the whole matter To the Lords of His Majestys privy Councill, And declares any Five of the Said Committy, to be a Sufficient quorum as formerly And Recommends to the said Committy to meet the morrow at Ten in the forenoon, and therafter from dyet to dyet, as they Shall find Convenient.

Att Edinburgh The Seventeenth day of Aprile Jaj viic and one years

A1701/4/171

Procedure: committee formed

Committee for hearing Complaints anent the pole 1693 and 1695

The Lords of His majestys privy Councill, do heirby Recommend and Remitt to the Committy appointed for the publict affairs for this vaccance, viz The Earles of Lauderdale, Leven Annandale and Forfar, The Lord Viscount of Tarbat, Lord Advocat Lord Thesaurer deput, Lord Crosrigg and Phesdoe, Sir Robert Sinclar of Stevensone and Sir Patrick Johnston present Lord Provost of Edinburgh, To Receave and hear all Complaints which Shall be made to them from any persons, living within any place of the Kingdom against the Collectors uplifters tacksmen or others Ingatherers of the pole, Imposed in the years, Jaj vic nynty three, and Jaj vic nyntie five, and to hear all parties concerned and to make there Report of their procedour in the whole matter To the Lords of His Majestys privy Councill, And declares any Five of the Said Committy, to be a Sufficient quorum as formerly And Recommends to the said Committy to meet the morrow at Ten in the forenoon, and therafter from dyet to dyet, as they Shall find Convenient.

1. NRS, PC1/52, 216.

1. NRS, PC1/52, 216.

Act, 17 April 1701, Edinburgh

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Att Edinburgh The Seventeenth day of Aprile Jaj viic and one years

A1701/4/161

Act

Act The Earle of Rothes

Anent the Petition given in to the Lords of His majestys privy Councill by John Earle of Rothes for himself and in name of the rest of the Commissioners of Assessment for the Shyre of Fife Shewing That their petitioners being Conveened upon some publict Concern of the Shyre, There were brought in to them Complaints from all hands, Especialy from the poorer and meaner Sort of the Shyre, Complaining greivously of oppressive methods and Severe Exactions by the Collectors of the pole, deputed by the fermorers therof, and particularly that Some were over reached, by a deputation granted to own and Latently recalled, of which the people not being Certiorat did make payment, and So were oblidged to pay over again to a Second person deputed. That they were called from one Corner of the Shyre, To Compear before a Justice of peace in another Corner, off purpose to harass them and Extort more money, altho the Shyre for Conveniency be divided into districts, and it was most reasonable, That the Collector Should have observed the order of the districts, Especialy now in the tyme of Labouring and this occasioned decreets in absence at the humour of the pursuer, and Severe Exactions therupon, That Severalls notwithstanding they hade discharges of the pole and others tho it was notour they hade payed, but hade lost their discharges being minut papers were Conveened and decreeted, or else were forced to Compositions which the poor people are easily brought to, and Severall other particulars Complained upon which were tedious to repeat, and it being Impossible to follow out the ordinar remedies in Law, where the people are poor, and the Charges of the pursute more heavy then the reparations to be acclaimed, Therfore They thought it their duty to lay the caice before their Lordships not having any power or authority to that purpose themselves, That their Lordships might as the most propper and Speediest remedy remitt to a certan number of the Commissioners of assessment or other qualifyed Gentlemen as their Lordships Shall think fitt in every district to take tryall of the matters of Fact above represented and other grounds of Complaint with power to them to Call before them the Fermorers deputs, and lead all probation and to report to their Lordships That their Lordships may provyde Such Remeed as Shall be necessar in such a caice, and for the better and more Speedy dispatch of what Complaints, Their Lordships may appoint Commissioners for the Severall districts or presbetries of the Shyre, And Therfore Humbly Craving to the Effect underwrittin as the Said petition bears. The Lords of His Majestys privy Councill having considered the above petition given in to them by John Earle of Rothes, They heirby Recommend and gives order and warrant to the respective Commissioners of Supply within each of the respective, Four presbetrys of Dumfermling, Kirkaldy, St Andrews and Couper for the bounds therof, to take tryall of the matters of Fact Represented in the said petition and other grounds of Complaint against the Collectors and Sub-collectors of the polemoney Jaj vic nynty three Jaj vic nynty Eight, Jaj vic nynty Five, with power to them with in the said respective bounds, To Call before them the Saids Collectors Sub-Collectors or other deputs, and lead all manner of probation upon the matters of Fact represented in the said bill and other grounds of Complaint that shall be made to them, and appoints the saids Commissioners, to make ther Report to the Councill betwixt and the 22d of July next to come.

Att Edinburgh The Seventeenth day of Aprile Jaj viic and one years

A1701/4/161

Act

Act The Earle of Rothes

Anent the Petition given in to the Lords of His majestys privy Councill by John Earle of Rothes for himself and in name of the rest of the Commissioners of Assessment for the Shyre of Fife Shewing That their petitioners being Conveened upon some publict Concern of the Shyre, There were brought in to them Complaints from all hands, Especialy from the poorer and meaner Sort of the Shyre, Complaining greivously of oppressive methods and Severe Exactions by the Collectors of the pole, deputed by the fermorers therof, and particularly that Some were over reached, by a deputation granted to own and Latently recalled, of which the people not being Certiorat did make payment, and So were oblidged to pay over again to a Second person deputed. That they were called from one Corner of the Shyre, To Compear before a Justice of peace in another Corner, off purpose to harass them and Extort more money, altho the Shyre for Conveniency be divided into districts, and it was most reasonable, That the Collector Should have observed the order of the districts, Especialy now in the tyme of Labouring and this occasioned decreets in absence at the humour of the pursuer, and Severe Exactions therupon, That Severalls notwithstanding they hade discharges of the pole and others tho it was notour they hade payed, but hade lost their discharges being minut papers were Conveened and decreeted, or else were forced to Compositions which the poor people are easily brought to, and Severall other particulars Complained upon which were tedious to repeat, and it being Impossible to follow out the ordinar remedies in Law, where the people are poor, and the Charges of the pursute more heavy then the reparations to be acclaimed, Therfore They thought it their duty to lay the caice before their Lordships not having any power or authority to that purpose themselves, That their Lordships might as the most propper and Speediest remedy remitt to a certan number of the Commissioners of assessment or other qualifyed Gentlemen as their Lordships Shall think fitt in every district to take tryall of the matters of Fact above represented and other grounds of Complaint with power to them to Call before them the Fermorers deputs, and lead all probation and to report to their Lordships That their Lordships may provyde Such Remeed as Shall be necessar in such a caice, and for the better and more Speedy dispatch of what Complaints, Their Lordships may appoint Commissioners for the Severall districts or presbetries of the Shyre, And Therfore Humbly Craving to the Effect underwrittin as the Said petition bears. The Lords of His Majestys privy Councill having considered the above petition given in to them by John Earle of Rothes, They heirby Recommend and gives order and warrant to the respective Commissioners of Supply within each of the respective, Four presbetrys of Dumfermling, Kirkaldy, St Andrews and Couper for the bounds therof, to take tryall of the matters of Fact Represented in the said petition and other grounds of Complaint against the Collectors and Sub-collectors of the polemoney Jaj vic nynty three Jaj vic nynty Eight, Jaj vic nynty Five, with power to them with in the said respective bounds, To Call before them the Saids Collectors Sub-Collectors or other deputs, and lead all manner of probation upon the matters of Fact represented in the said bill and other grounds of Complaint that shall be made to them, and appoints the saids Commissioners, to make ther Report to the Councill betwixt and the 22d of July next to come.

1. NRS, PC1/52, 215.

1. NRS, PC1/52, 215.