Act, 18 February 1703, Edinburgh

Edinburgh the 18th February 1703

D1703/2/111

Act

Act Infavours off Margaret Hamiltoun

Annent The petition given in and presented to the Lords of Her Majesties privie Councill By Margaret Hamiltoun Lady Cleilland For her self and her Tuelf Children Shewing That wher by the Contract off Marriadge in the year Jaj vjc and Eighty one she brought with her in Tocher to Alexander Cleilland off that ilk her husband The soume off Eight Thousand merks, Which was treuly and thankfully payed and is therfore provyded By the said Contract to a Lyferent off Eight hundereth pounds scotts yearly Which the petitioner hoped might have been a good settlement For her dureing her lyfe But her husbands affaires Haveing gone into disorder not soe much by ill manadgement as by unforeseen and Inevitable accedents The Creditors haveing brok in upon them Wherupon the petitioner’s husband hes been necessitat to leave the Country and her and his Children desolat Lykeas the Creditors Haveing resolved upon a sale of the Estate which the petitioner was willing to aggree to For their accommodation they off consent wer to appoint For the petitioner in Lew of Her Jointure right The soume off seven Thousand merks But some Difficulties Falling in as to the progress and Security off the purchasser This bargaine annent th[e] seall off the Lands is at also a stop Wherby the petitioner and Her Children are lyke to be brought to great Extreamities And Seeing that all the petitioner Creaves For their present releiff is only that she may have the benefite off the park not worth Two hundereth merks yearly and Three or Four Hundereth merks more of the rent off the Lands For the necessary subsistance off her and her Children untill the Lands shall be told And the Creditors aggree to some appointment For the petitioner Which she is hopefull they will make effectuall And therfor creaving to the effect afftermentioned As the said petition bears Which petition Being upon the Seventhteen day off February Jaj vijc and three called The Lords of Her Majesties privie Councill Haveing considered the withine petition Given into them By Margaret Hamiltoune Lady Cleilland For herself and Tuelf Children Read and appointed to be seen and answered the nixt Councill day And the said petition Being upon the Eighteen day off February Jaj vijc and three again called The Lords of Her Majesties privie Councill Haveing considered the petition given into them By Margaret Hamiltoun Lady Cleilland For her self and her Tuelf Children with Her Contract off Marriadge given in ther with And the samen Being read in their presence The saids Lords of Her Majesties privie Councill Doe heirby Authorize and Impower the petitioner to possess the house yeard and parks off the Lands off Cleilland toun, Commonly Called the Five pound Land off Cleilland Toun, For the Residence and acommodation off Her self and Tuelf Children And Dischairges any person whatsomever To trouble or molest Her therin ay and whyll the seall off the saids Lands shall be accomplished And have modefied and heirby Modefies to the petitioner The soume off Three Hundereth merks scots money For ane yearly aliment to her self and Tuelf Children To be uplifted yearly Furth off the saids Lands ay and whyll the seall off the saids Lands shall be accomplished as said is And Decernes and Ordaines The Factor or Generall Taxman off the said Estate off Cleillandtoun To make payment to the petitioner off the Forsaid soume off Three Hundereth merks off yearly aliment ay and whyll the seall off the said Estate be accomplished To be uplifted and taken at Tuo termes in the year Whyttsunday and Martimes be equall portiones Beginning the first termes payment therof at the terme off Whyttsunday nixt to come For the half year preceeding And yearly and termly therafter ay and whyll the seall off the said Estate be accomplished as said is And ordaines Letters of Horning under the signet off Councill to be direct hereon against the said Factor or Generall Taxman And in caice ther be noe Factor or Generall Taxman off the said Estate The saids Lords Decernes and Ordaines The heritors, tennents and possessors off the said Estate To make payment off the said aliment Conforme to their respective rents To be contained in a list containing ther severall proportiones To be given in By the said petitione and Subscryved By her to the Clerks off privie Councill And Declaires the said Margaret Hamiltoun Lady Cleilland her oun dischairge For the said yearly aliment by her self alone without Consent off any person To be sufficient to the receavers therof.

Edinburgh the 18th February 1703

D1703/2/111

Act

Act Infavours off Margaret Hamiltoun

Annent The petition given in and presented to the Lords of Her Majesties privie Councill By Margaret Hamiltoun Lady Cleilland For her self and her Tuelf Children Shewing That wher by the Contract off Marriadge in the year Jaj vjc and Eighty one she brought with her in Tocher to Alexander Cleilland off that ilk her husband The soume off Eight Thousand merks, Which was treuly and thankfully payed and is therfore provyded By the said Contract to a Lyferent off Eight hundereth pounds scotts yearly Which the petitioner hoped might have been a good settlement For her dureing her lyfe But her husbands affaires Haveing gone into disorder not soe much by ill manadgement as by unforeseen and Inevitable accedents The Creditors haveing brok in upon them Wherupon the petitioner’s husband hes been necessitat to leave the Country and her and his Children desolat Lykeas the Creditors Haveing resolved upon a sale of the Estate which the petitioner was willing to aggree to For their accommodation they off consent wer to appoint For the petitioner in Lew of Her Jointure right The soume off seven Thousand merks But some Difficulties Falling in as to the progress and Security off the purchasser This bargaine annent th[e] seall off the Lands is at also a stop Wherby the petitioner and Her Children are lyke to be brought to great Extreamities And Seeing that all the petitioner Creaves For their present releiff is only that she may have the benefite off the park not worth Two hundereth merks yearly and Three or Four Hundereth merks more of the rent off the Lands For the necessary subsistance off her and her Children untill the Lands shall be told And the Creditors aggree to some appointment For the petitioner Which she is hopefull they will make effectuall And therfor creaving to the effect afftermentioned As the said petition bears Which petition Being upon the Seventhteen day off February Jaj vijc and three called The Lords of Her Majesties privie Councill Haveing considered the withine petition Given into them By Margaret Hamiltoune Lady Cleilland For herself and Tuelf Children Read and appointed to be seen and answered the nixt Councill day And the said petition Being upon the Eighteen day off February Jaj vijc and three again called The Lords of Her Majesties privie Councill Haveing considered the petition given into them By Margaret Hamiltoun Lady Cleilland For her self and her Tuelf Children with Her Contract off Marriadge given in ther with And the samen Being read in their presence The saids Lords of Her Majesties privie Councill Doe heirby Authorize and Impower the petitioner to possess the house yeard and parks off the Lands off Cleilland toun, Commonly Called the Five pound Land off Cleilland Toun, For the Residence and acommodation off Her self and Tuelf Children And Dischairges any person whatsomever To trouble or molest Her therin ay and whyll the seall off the saids Lands shall be accomplished And have modefied and heirby Modefies to the petitioner The soume off Three Hundereth merks scots money For ane yearly aliment to her self and Tuelf Children To be uplifted yearly Furth off the saids Lands ay and whyll the seall off the saids Lands shall be accomplished as said is And Decernes and Ordaines The Factor or Generall Taxman off the said Estate off Cleillandtoun To make payment to the petitioner off the Forsaid soume off Three Hundereth merks off yearly aliment ay and whyll the seall off the said Estate be accomplished To be uplifted and taken at Tuo termes in the year Whyttsunday and Martimes be equall portiones Beginning the first termes payment therof at the terme off Whyttsunday nixt to come For the half year preceeding And yearly and termly therafter ay and whyll the seall off the said Estate be accomplished as said is And ordaines Letters of Horning under the signet off Councill to be direct hereon against the said Factor or Generall Taxman And in caice ther be noe Factor or Generall Taxman off the said Estate The saids Lords Decernes and Ordaines The heritors, tennents and possessors off the said Estate To make payment off the said aliment Conforme to their respective rents To be contained in a list containing ther severall proportiones To be given in By the said petitione and Subscryved By her to the Clerks off privie Councill And Declaires the said Margaret Hamiltoun Lady Cleilland her oun dischairge For the said yearly aliment by her self alone without Consent off any person To be sufficient to the receavers therof.

1. NRS, PC2/28, 241r-242r.

1. NRS, PC2/28, 241r-242r.

Sederunt, 18 February 1703, Edinburgh

Edinburgh the 18th February 17031

D1703/2/102

Sederunt

Earl of Eglingtoun; Earl of Loudoun; Earl of Forfar; Lord Advocat; Lord Halcraig; Lord Rankeillor; Mr Fra: Montgomry; Lord Provost of Edinburgh; Laird of Meggins
In absence of the Lord Chancellour and Lord president off privie Councill The Earle of Eglingtoun Elected preces.

Edinburgh the 18th February 17031

D1703/2/102

Sederunt

Earl of Eglingtoun; Earl of Loudoun; Earl of Forfar; Lord Advocat; Lord Halcraig; Lord Rankeillor; Mr Fra: Montgomry; Lord Provost of Edinburgh; Laird of Meggins
In absence of the Lord Chancellour and Lord president off privie Councill The Earle of Eglingtoun Elected preces.

1. NRS, PC2/28, 241r.

2. NRS, PC2/28, 241r.

1. NRS, PC2/28, 241r.

2. NRS, PC2/28, 241r.

Procedure, 18 February 1703, Edinburgh

Att Edinburgh the Eighteinth day of February One thousand Seven hundred and thrie

A1703/2/191

Procedure

Commission In Favors of Sir Robert Forbes To be one of the two Clerks of privy Councill2

Att Edinburgh the Eighteinth day of February One thousand Seven hundred and thrie

A1703/2/191

Procedure

Commission In Favors of Sir Robert Forbes To be one of the two Clerks of privy Councill2

1. NRS, PC1/52, 505.

2. Not recorded.

1. NRS, PC1/52, 505.

2. Not recorded.

Procedure, 18 February 1703, Edinburgh

Att Edinburgh the Eighteinth day of February One thousand Seven hundred and thrie

A1703/2/181

Procedure

Commission In Favors of Sir Robert Forbes To be one of the two Clerks of privy Councill

Commission under the great seall of this kingdome In favors of Mr Robert Forbes of Lerny Advocat to be one of the two Clerks of her Majesties privy Councill; Being presented by himself was Read and ordered to be recorded and delyvered by the Earle of Eglingtoune preses for the time to the said Mr Robert Forbes Who received the Samen upon his knee as use is; And therafter did qualifie himself to her Majestie by Swearing the Oath of alledgance and Subscryveing the Samen with the assurance; And the Lord preses did tender to him the Oath de fideli administratione officii. Off the which Commissione the tenor followes.
Anne Dei Gratia Magnae Brittaniae Franciae et Hiberniae Regina fideiq defensor Omnibus probis hominibus ad quos presentes Literis Nostris perrenernit Salutem2

Att Edinburgh the Eighteinth day of February One thousand Seven hundred and thrie

A1703/2/181

Procedure

Commission In Favors of Sir Robert Forbes To be one of the two Clerks of privy Councill

Commission under the great seall of this kingdome In favors of Mr Robert Forbes of Lerny Advocat to be one of the two Clerks of her Majesties privy Councill; Being presented by himself was Read and ordered to be recorded and delyvered by the Earle of Eglingtoune preses for the time to the said Mr Robert Forbes Who received the Samen upon his knee as use is; And therafter did qualifie himself to her Majestie by Swearing the Oath of alledgance and Subscryveing the Samen with the assurance; And the Lord preses did tender to him the Oath de fideli administratione officii. Off the which Commissione the tenor followes.
Anne Dei Gratia Magnae Brittaniae Franciae et Hiberniae Regina fideiq defensor Omnibus probis hominibus ad quos presentes Literis Nostris perrenernit Salutem2

1. NRS, PC1/52, 503-4.

2. The rest of the commission is not recorded. The whole of p.504 has been left blank.

1. NRS, PC1/52, 503-4.

2. The rest of the commission is not recorded. The whole of p.504 has been left blank.

Warrant, 18 February 1703, Edinburgh

Att Edinburgh the Eighteinth day of February One thousand Seven hundred and thrie

A1703/2/171

Warrant

Warrand for apprehending and citeing Hary Grazer herauld before the Councill

Sir James Stewart her Majesties advocat haveing Represented to the Councill That (while the proclamation of Councill anent the Generall assembly was proclameing Over the Cross of Edinburgh) Henry Fraser ane herauld Did alter and Change the words of the said proclamation in nameing the pursevants, before the Macers of privy Councill, Notwithstanding by a former order of Councill intimat to the heraulds at the Councill barr, They hade been discharged to make any such Change in the words in publishing the proclamation of Councill; And ther being ane instrument under the hands of Androw Wauch Nottar publict taken upon the said Cross and read in their presence The saids Lords of her Majesties privy Councill Ordaine the said Henry Fraser herauld to be cited by one of the Macers of privy Councill to Compear before the saids lords upon Teusday the twentie thrid day of February Current To answer at the instance of her Majesties advocat for his Contempt and disobedience in the premisses, And in the mean time hereby Requyre and Ordaine the Macers of privy Councill or any of them to seize upon take and apprehend the person of the said Henry Fraser herauld and Committ him prisoner in the Tolbooth of Edinburgh for his said Contempt and malverse in the premisses And ordaines the Magistrates of Edinburgh and keeper of their Tolbooth to receive him keep hold and detaine him therin ay and while furder order of Councill

Att Edinburgh the Eighteinth day of February One thousand Seven hundred and thrie

A1703/2/171

Warrant

Warrand for apprehending and citeing Hary Grazer herauld before the Councill

Sir James Stewart her Majesties advocat haveing Represented to the Councill That (while the proclamation of Councill anent the Generall assembly was proclameing Over the Cross of Edinburgh) Henry Fraser ane herauld Did alter and Change the words of the said proclamation in nameing the pursevants, before the Macers of privy Councill, Notwithstanding by a former order of Councill intimat to the heraulds at the Councill barr, They hade been discharged to make any such Change in the words in publishing the proclamation of Councill; And ther being ane instrument under the hands of Androw Wauch Nottar publict taken upon the said Cross and read in their presence The saids Lords of her Majesties privy Councill Ordaine the said Henry Fraser herauld to be cited by one of the Macers of privy Councill to Compear before the saids lords upon Teusday the twentie thrid day of February Current To answer at the instance of her Majesties advocat for his Contempt and disobedience in the premisses, And in the mean time hereby Requyre and Ordaine the Macers of privy Councill or any of them to seize upon take and apprehend the person of the said Henry Fraser herauld and Committ him prisoner in the Tolbooth of Edinburgh for his said Contempt and malverse in the premisses And ordaines the Magistrates of Edinburgh and keeper of their Tolbooth to receive him keep hold and detaine him therin ay and while furder order of Councill

1. NRS, PC1/52, 502-3.

1. NRS, PC1/52, 502-3.

Procedure, 18 February 1703, Edinburgh

Att Edinburgh the Eighteinth day of February One thousand Seven hundred and thrie

A1703/2/161

Procedure

[Eglington elected Preses]

In absence of the Lord Chancelor and Lord president of privy Councill; The [Earl of] Eglingtoun Elected preses.

Att Edinburgh the Eighteinth day of February One thousand Seven hundred and thrie

A1703/2/161

Procedure

[Eglington elected Preses]

In absence of the Lord Chancelor and Lord president of privy Councill; The [Earl of] Eglingtoun Elected preses.

1. NRS, PC1/52, 502.

1. NRS, PC1/52, 502.

Sederunt, 18 February 1703, Edinburgh

Att Edinburgh the Eighteinth day of February One thousand Seven hundred and thrie1

A1703/2/152

Sederunt

Earl of Eglingtoune; Earl of Lowdoune; Earl of Forfar; Lord Advocat; Lord Halcraig; Lord Rankeillor; Mr Fra: Montgomry; Lord Provost of Edinburgh; Laird of Meggins

Att Edinburgh the Eighteinth day of February One thousand Seven hundred and thrie1

A1703/2/152

Sederunt

Earl of Eglingtoune; Earl of Lowdoune; Earl of Forfar; Lord Advocat; Lord Halcraig; Lord Rankeillor; Mr Fra: Montgomry; Lord Provost of Edinburgh; Laird of Meggins

1. NRS, PC1/52, 502.

2. NRS, PC1/52, 502.

1. NRS, PC1/52, 502.

2. NRS, PC1/52, 502.