Tag Archives: 18 January 1700

Act, 18 January 1700, Edinburgh

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Att Edinburgh the Eighteen day of January one thousand seven hundred years

D1700/1/101

Act

Act Newton and Nynwells to gett up their papers from the Clerks

Anent a petition given in to the Lords of his Majesties privy Councill be David Falconar of Newtoune and Joseph Home of Nynwalls and their Curators Shewing That wher the deceast John Home of Nynwalls haveing been tutor dative to him the said David for severall years dureing which time he recided and Lived in the petitioners house of Inglish made and made use of a Cabinet for keeping his wrytes and particularly the instructiones and accompts of his intromissiones with his estate and the said Cabinet being by warrant of the Lord Chancelor brought up to Edinburgh and Consigned in the saids Lords Clerks hands, The saids Lords did by their act the Thretein of January Jaj vic nyntie six Ordaine the said Cabinet to be opned at the sight of the Lord Fountonhall and the papers to be inventared And to be given up to such of the petitioners as they should be found to belong to, upon theirs and their Curators recepts, And accordingly My Lord Fountonhall to whom it was Remitted and conforme to the said act Caused open the said Cabinet and Inventar the papers at the Sight of the petitioners freinds and ther being severall of the saids wrytes and papers which very much Contribute to Clear the Compt and reckoning betwixt the petitioners depending before the session and that ther are principall papers therin belonging to the said David Falconar Which Nynewalls was willing she should be given up to the petitioners Curators upon his recept, had Likewayes ane old Watch which the petitioners Curator was willing to oblidge himself to make furthcomeing to any who should be found to have right therto And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned as the said petition bears The Lords of his majesties privy Councill Haveing Considered the above petition given in to them by the above David Falconar of Newtoune and Joseph Home of Nynwalls They hereby Give Order and Warrand to their Clerks in whose Custody the above Cabinet and papers are Consigned to Delyver up to Nynholls and his Curators such of the above papers as doe belong to him, And particularly the accompts and instructiones therof abovewryten upon the Inventar and recept And Likewayes allowes the above Cabinet And such papers as belong to Newtoune to be delyvered up to his Curator to be keepd by him for Newtoune the petitioners use, And the said Gold Watch to be delyvered to the said Newtouns Curator upon his recept and oblidgment to make the Same furthcomeing to any who Shall be found to have right therto And appoints the above interloquitor to be Obeyed and fullfilled at sight of the Lord Aberurchill.

Att Edinburgh the Eighteen day of January one thousand seven hundred years

D1700/1/101

Act

Act Newton and Nynwells to gett up their papers from the Clerks

Anent a petition given in to the Lords of his Majesties privy Councill be David Falconar of Newtoune and Joseph Home of Nynwalls and their Curators Shewing That wher the deceast John Home of Nynwalls haveing been tutor dative to him the said David for severall years dureing which time he recided and Lived in the petitioners house of Inglish made and made use of a Cabinet for keeping his wrytes and particularly the instructiones and accompts of his intromissiones with his estate and the said Cabinet being by warrant of the Lord Chancelor brought up to Edinburgh and Consigned in the saids Lords Clerks hands, The saids Lords did by their act the Thretein of January Jaj vic nyntie six Ordaine the said Cabinet to be opned at the sight of the Lord Fountonhall and the papers to be inventared And to be given up to such of the petitioners as they should be found to belong to, upon theirs and their Curators recepts, And accordingly My Lord Fountonhall to whom it was Remitted and conforme to the said act Caused open the said Cabinet and Inventar the papers at the Sight of the petitioners freinds and ther being severall of the saids wrytes and papers which very much Contribute to Clear the Compt and reckoning betwixt the petitioners depending before the session and that ther are principall papers therin belonging to the said David Falconar Which Nynewalls was willing she should be given up to the petitioners Curators upon his recept, had Likewayes ane old Watch which the petitioners Curator was willing to oblidge himself to make furthcomeing to any who should be found to have right therto And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned as the said petition bears The Lords of his majesties privy Councill Haveing Considered the above petition given in to them by the above David Falconar of Newtoune and Joseph Home of Nynwalls They hereby Give Order and Warrand to their Clerks in whose Custody the above Cabinet and papers are Consigned to Delyver up to Nynholls and his Curators such of the above papers as doe belong to him, And particularly the accompts and instructiones therof abovewryten upon the Inventar and recept And Likewayes allowes the above Cabinet And such papers as belong to Newtoune to be delyvered up to his Curator to be keepd by him for Newtoune the petitioners use, And the said Gold Watch to be delyvered to the said Newtouns Curator upon his recept and oblidgment to make the Same furthcomeing to any who Shall be found to have right therto And appoints the above interloquitor to be Obeyed and fullfilled at sight of the Lord Aberurchill.

1. NRS, PC2/27, 301r-302r.

1. NRS, PC2/27, 301r-302r.

Sederunt, 18 January 1700, Edinburgh

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Att Edinburgh the Eighteen day of January one thousand seven hundred years1

D1700/1/92

Sederunt

Lord Chancelor; Earl of Marr; Earl of Lothian; Earl of Lowdone; Viscount Tarbat; Lord Ruthven; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberurchill; Lord Philiphaugh; Lord Halcraig; Lord Rankeillor; Lord Phesdoe; Mr Fra: Montgomrie; Laird of Stivensone

Att Edinburgh the Eighteen day of January one thousand seven hundred years1

D1700/1/92

Sederunt

Lord Chancelor; Earl of Marr; Earl of Lothian; Earl of Lowdone; Viscount Tarbat; Lord Ruthven; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberurchill; Lord Philiphaugh; Lord Halcraig; Lord Rankeillor; Lord Phesdoe; Mr Fra: Montgomrie; Laird of Stivensone

1. NRS, PC2/27, 301r.

2. NRS, PC2/27, 301r.

1. NRS, PC2/27, 301r.

2. NRS, PC2/27, 301r.

Act, 18 January 1700, Edinburgh

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Att Edinburgh The Eighteenth day of January Jaj viic years

A1700/1/241

Act

Act Liberating Silvester Lesly and others

Anent The Petition given in to the Lords of his Majesties privy Councill By John Lamb and William Roy, Talzeors Silvester Lesly weaver, […] Murray workman in Edinburgh and […] Wallace work man in Edinburgh. Shewing That severall Weeks agoe, Their Lordships poor petitioners Being called as Witnesses in the Complaint made against the Duke of Gordon were by their Lordships order committed to the Tolbooth of Edinburgh, Where Ever Since They have Remained in a most sad and Starving condition, Having now nothing wherupon to Subsist. And Therfore Humbly Craveing 2 Their Lordships In their Tender Compassion, Either To appoint their Petitioners To be sett att Liberty free of payment of Jaylor fies or other dues Seing they have nothing to pay it; or Else To appoint them some charitable allowance for their Subsistance in prison without which they must be Exposed To in Evitable Starving as the said petition Bears The Saids Lords of his Majesties privy Councill Having considered this Petition given in to them by the above, John Lamb, William Roy, Silvester Lesly […] Murray and […] Wallace, They heirby give order and warrand to the magistrats of Edinburgh and Keeper of their Tolbooth, To sett the Petitioners at Liberty Furth therof, For which this shall be to all Concerned ane Sufficient Exoneration.

Att Edinburgh The Eighteenth day of January Jaj viic years

A1700/1/241

Act

Act Liberating Silvester Lesly and others

Anent The Petition given in to the Lords of his Majesties privy Councill By John Lamb and William Roy, Talzeors Silvester Lesly weaver, […] Murray workman in Edinburgh and […] Wallace work man in Edinburgh. Shewing That severall Weeks agoe, Their Lordships poor petitioners Being called as Witnesses in the Complaint made against the Duke of Gordon were by their Lordships order committed to the Tolbooth of Edinburgh, Where Ever Since They have Remained in a most sad and Starving condition, Having now nothing wherupon to Subsist. And Therfore Humbly Craveing 2 Their Lordships In their Tender Compassion, Either To appoint their Petitioners To be sett att Liberty free of payment of Jaylor fies or other dues Seing they have nothing to pay it; or Else To appoint them some charitable allowance for their Subsistance in prison without which they must be Exposed To in Evitable Starving as the said petition Bears The Saids Lords of his Majesties privy Councill Having considered this Petition given in to them by the above, John Lamb, William Roy, Silvester Lesly […] Murray and […] Wallace, They heirby give order and warrand to the magistrats of Edinburgh and Keeper of their Tolbooth, To sett the Petitioners at Liberty Furth therof, For which this shall be to all Concerned ane Sufficient Exoneration.

1. NRS, PC1/52, 64.

2. The phrase ‘To the Effect Underwritten as the said Petition bears’ scored out here.

1. NRS, PC1/52, 64.

2. The phrase ‘To the Effect Underwritten as the said Petition bears’ scored out here.

Act, 18 January 1700, Edinburgh

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Att Edinburgh The Eighteenth day of January Jaj viic years

A1700/1/231

Act

Act Liberating Captain Bruce

Anent The Petition given in To the Lords of his Majesties privy Councill By Captain John Bruce, Shewing That where in a privat Letter wrote be Doctor Pitcairne There was Some Groundless news contained therein, Which he was Innocent of But the Same Having unhappily past under a Cover of night given their Lordships ground of offence For which he is heartily Sorry and begs pardon for his Escape, And Therfore Humbly Craving their Lordships To accept of his acknowledgement and To order his Liberatione, as the said petition bears. The Saids Lords of his Majesties privy Councill, Having considered this Petition, given in to them by the within Captain Bruce, They heirby give order and warrand to the Magistrats of Edinburgh and Keeper of their Tolbooth, To Sett the Petitioner att Liberty Furth thereof He First giving Bond and Finding Sufficient caution acted in The Books of privy Councill, That he Shall live peaceably under and with all Submission To the present Government of his Majesty King William, And That he shall not act Consult or Contrive any thing in prejudice therof, And That he Shall appear before the Saids Lords of his Majesties privy Councill whensoever he shall be called or Required therto, under the penalty of Ane Hundered pound Sterling, In caice he shall Faill or Transgress in any pairt of the premises.

Att Edinburgh The Eighteenth day of January Jaj viic years

A1700/1/231

Act

Act Liberating Captain Bruce

Anent The Petition given in To the Lords of his Majesties privy Councill By Captain John Bruce, Shewing That where in a privat Letter wrote be Doctor Pitcairne There was Some Groundless news contained therein, Which he was Innocent of But the Same Having unhappily past under a Cover of night given their Lordships ground of offence For which he is heartily Sorry and begs pardon for his Escape, And Therfore Humbly Craving their Lordships To accept of his acknowledgement and To order his Liberatione, as the said petition bears. The Saids Lords of his Majesties privy Councill, Having considered this Petition, given in to them by the within Captain Bruce, They heirby give order and warrand to the Magistrats of Edinburgh and Keeper of their Tolbooth, To Sett the Petitioner att Liberty Furth thereof He First giving Bond and Finding Sufficient caution acted in The Books of privy Councill, That he Shall live peaceably under and with all Submission To the present Government of his Majesty King William, And That he shall not act Consult or Contrive any thing in prejudice therof, And That he Shall appear before the Saids Lords of his Majesties privy Councill whensoever he shall be called or Required therto, under the penalty of Ane Hundered pound Sterling, In caice he shall Faill or Transgress in any pairt of the premises.

1. NRS, PC1/52, 63-4.

1. NRS, PC1/52, 63-4.

Act, 18 January 1700, Edinburgh

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Att Edinburgh The Eighteenth day of January Jaj viic years

A1700/1/221

Act

Act Liberating Doctor Pitcairne and Recommendation To the Lord Advocat To Intent a process against him

Anent The Petition given in to the Lords of his Majesties privy Councill By Doctor Pitcairne. Shewing That where Through the Influence of a small Excess He wrote in a privat Letter, now in their Lordships hands severall groundless news upon un Examined reports with Some affectationes of Fancy, Which he heartily condemnes, But does Seriously protest, It was without the least design Either directly or Indirectly against his Majestys Government, And That he does humbly crave their Lordships pardon for his said offence. And Therfore Humbly craving to the Effect underwritten as the said petition Bears. The Saids Lords of his Majesties privy Councill Having Considered this petition given in to them by the above Doctor Pitcairne, They heirby Recomend To the Lord Advocate, To Intent a Process before the Councill against the Petitioner upon the Letter written by him to Doctor Gray In London and Expressiones in the Said Letter and To Insist therin betwixt and this day Eight days being the Twenty Fifth of January Instant, And in the mean tyme gives order and warrand To the magistrats of Edinburgh and Keeper of their Tolbooth, To Sett the Petitioner at Liberty Furth therof In Respect he hes given Bond and Found Sufficient caution acted in the books of privy Councill, That he shall Live peaceably under and with all Submission To the present Government of his Majesty King William, And That he shall not act Consult nor Contrive any thing in prejudice thereof nor shall not Converse nor Correspond with any Rebells And That he shall appear before the Lords of his Majesties privy Councill, Whensoever he shall be called or Required therto under the penalty of Two Hundered Pounds Sterling, In caice he Shall Transgress or Faill in any pairt of the premises.

Att Edinburgh The Eighteenth day of January Jaj viic years

A1700/1/221

Act

Act Liberating Doctor Pitcairne and Recommendation To the Lord Advocat To Intent a process against him

Anent The Petition given in to the Lords of his Majesties privy Councill By Doctor Pitcairne. Shewing That where Through the Influence of a small Excess He wrote in a privat Letter, now in their Lordships hands severall groundless news upon un Examined reports with Some affectationes of Fancy, Which he heartily condemnes, But does Seriously protest, It was without the least design Either directly or Indirectly against his Majestys Government, And That he does humbly crave their Lordships pardon for his said offence. And Therfore Humbly craving to the Effect underwritten as the said petition Bears. The Saids Lords of his Majesties privy Councill Having Considered this petition given in to them by the above Doctor Pitcairne, They heirby Recomend To the Lord Advocate, To Intent a Process before the Councill against the Petitioner upon the Letter written by him to Doctor Gray In London and Expressiones in the Said Letter and To Insist therin betwixt and this day Eight days being the Twenty Fifth of January Instant, And in the mean tyme gives order and warrand To the magistrats of Edinburgh and Keeper of their Tolbooth, To Sett the Petitioner at Liberty Furth therof In Respect he hes given Bond and Found Sufficient caution acted in the books of privy Councill, That he shall Live peaceably under and with all Submission To the present Government of his Majesty King William, And That he shall not act Consult nor Contrive any thing in prejudice thereof nor shall not Converse nor Correspond with any Rebells And That he shall appear before the Lords of his Majesties privy Councill, Whensoever he shall be called or Required therto under the penalty of Two Hundered Pounds Sterling, In caice he Shall Transgress or Faill in any pairt of the premises.

1. NRS, PC1/52, 63.

1. NRS, PC1/52, 63.

Act, 18 January 1700, Edinburgh

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Att Edinburgh The Eighteenth day of January Jaj viic years

A1700/1/211

Act

Reprive To John McTavish and Hugh Frazer

Anent The Petition given in to the Lords of his Majesties privy Councill By John McTavish of Migavie and Hugh Frazers prisoners within the Tolbooth of Edinburgh. Shewing That Whereas His Majesty having been graciously pleased So far to take notice of their Circumstances, as to grant them a Reprive from the Sentence of death pronunced against them to the Twentieth Instant, and ordained ane Extract of the Process and Sentence against them, To be Transmitted To his Majesty, In order to his declaring his Farder pleasure anent their Petitioners (Why the said Letter hes lyen so long undelivered is throw their Extraordinary Indigency which is very well Known To Severalls of their Lordships) and Seing the tyme allowed In his Majesties Reprive to them is already near Expyred, So as that his Royall pleasure anent them, after Consideration of the forsaid process, to be Transmitted for that End, cannot be Knowen in so short a tyme. And Therfore Humbly craving To the Effect underwritten as the said Petition bears. The Saids Lords of his Majestys privy Councill Having Considered this Petition given in to them by the within John McTavish and Hugh Frazer, They doe heirby Reprive the Petitioners from the Sentence of death pronunced against them by the Lords Commissioners of Justiciary till The First day of March next to come Inclusive, And ordaines the Magistrats of Edinburgh To See the Said Sentence punctualy put to Execution upon the Second day of the said Moneth, And in the mean tyme Recomends To the Lords Advocat and Aberuchill, To prepare ane abbreviat of the Criminall process against the above persones betwixt and the Twenty Nynth day of January Instant and to produce the Same upon the Thirty day of the said moneth, To the Effect It may be approven of, by their Lordships And Sent to his Majesty Conform to his Majesties Royall Letter thereanent. Sic Subscribitur Marchmont Cancellar, Mar. Lothian. Loudoun. Heu Dalrymple. C Campbell. John Maxwell. James Falconar. F Montgomrie.

Att Edinburgh The Eighteenth day of January Jaj viic years

A1700/1/211

Act

Reprive To John McTavish and Hugh Frazer

Anent The Petition given in to the Lords of his Majesties privy Councill By John McTavish of Migavie and Hugh Frazers prisoners within the Tolbooth of Edinburgh. Shewing That Whereas His Majesty having been graciously pleased So far to take notice of their Circumstances, as to grant them a Reprive from the Sentence of death pronunced against them to the Twentieth Instant, and ordained ane Extract of the Process and Sentence against them, To be Transmitted To his Majesty, In order to his declaring his Farder pleasure anent their Petitioners (Why the said Letter hes lyen so long undelivered is throw their Extraordinary Indigency which is very well Known To Severalls of their Lordships) and Seing the tyme allowed In his Majesties Reprive to them is already near Expyred, So as that his Royall pleasure anent them, after Consideration of the forsaid process, to be Transmitted for that End, cannot be Knowen in so short a tyme. And Therfore Humbly craving To the Effect underwritten as the said Petition bears. The Saids Lords of his Majestys privy Councill Having Considered this Petition given in to them by the within John McTavish and Hugh Frazer, They doe heirby Reprive the Petitioners from the Sentence of death pronunced against them by the Lords Commissioners of Justiciary till The First day of March next to come Inclusive, And ordaines the Magistrats of Edinburgh To See the Said Sentence punctualy put to Execution upon the Second day of the said Moneth, And in the mean tyme Recomends To the Lords Advocat and Aberuchill, To prepare ane abbreviat of the Criminall process against the above persones betwixt and the Twenty Nynth day of January Instant and to produce the Same upon the Thirty day of the said moneth, To the Effect It may be approven of, by their Lordships And Sent to his Majesty Conform to his Majesties Royall Letter thereanent. Sic Subscribitur Marchmont Cancellar, Mar. Lothian. Loudoun. Heu Dalrymple. C Campbell. John Maxwell. James Falconar. F Montgomrie.

1. NRS, PC1/52, 62-3.

1. NRS, PC1/52, 62-3.

Sederunt, 18 January 1700, Edinburgh

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Att Edinburgh The Eighteenth day of January Jaj viic years1

A1700/1/202

Sederunt

Lord Chancellor; Earl of Mar; Earl of Lothian; Earl of Lowdoun; Viscount Tarbat; Lord Ruthven; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice-Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Rankillor; Lord Phesdo; Mr Fra: Montgomry; Laird of Stevensone

Att Edinburgh The Eighteenth day of January Jaj viic years1

A1700/1/202

Sederunt

Lord Chancellor; Earl of Mar; Earl of Lothian; Earl of Lowdoun; Viscount Tarbat; Lord Ruthven; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice-Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Rankillor; Lord Phesdo; Mr Fra: Montgomry; Laird of Stevensone

1. NRS, PC1/52, 62.

2. NRS, PC1/52, 62.

1. NRS, PC1/52, 62.

2. NRS, PC1/52, 62.