Tag Archives: 19 January 1703

Act, 19 January 1703, Edinburgh

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Edinburgh the 19th January 1703

D1703/1/61

Act

Act Infavours of the Court of Directors etc

Annent The Petitione given in and presented to the Lords of Her Majesties privie Councill By the Court of Directors of the Companie of Scotland Trading to Affrica and the Indies Shewing That ther being a Shipe off about Tuo hundered seventie five Tuns burden mounted with Tuenty Six pices of Ordinarie or Great Guns with Suteable Amunition and small arms ready to saill from the River of Thames for the East Indies upon the said Companys account And that by reason of the Dipending Disput betuin those who acted in the office of the Admirality of this Kingdome By vertue off his late Majesties Commission and those who are now Commissioned by his Grace the Duke of Lennox as Lord high Admirall your Petitioners after earnest application made can not prevail with Either the one or the other To grant Letters of Mart For the said shipe untill the said Disput be Decided And Therfore craveing Their Lordships To interpose this authority in that matter so as to answer the present exigency In respect that the said shipe most unavoidably saill furth with Unless the run the hazerd of loasing boeth the season and Convoy And cannot be saiff without the said Letters of Mart as the said petition bears2 Which Petition Being upon the fourthteen off January Jaj vijc and three The Lords of Her Majesties privie Councill Haveing heard the above petition Given into them By the Court of Directors off the Company of Scotland trading to Affrica and the Indies Read in their presence They heirby delayed the same till Tuesday nixt And in the mean tyme Recommends to Sir James Steuart Her Majesties Advocat To see and consider the said petition Edinburgh the Nynthteen of January Jaj vijc and Three I have seen the Petition presented to the Councill By the Affrican Companie about Letters off Mart with the privie Councills recommendation upon it and Their Lordships maybe pleased To know that Letters of Mart Can only be given by the high Admirall Or Vice Admirall with approbation off Her Majestie or the Lords off privie Councill As also that the Commission off Admirality granted by the late King with power to the Commissioners To give Letters of Mart with approbation as above stands yet undischairged or determined Save that the late Lord Chancellour is sine quo non Which puts a stop to it And Therfore it is thought That the privy Councill can only supply this deffect But whither ther Lordships by themselves will give Letters of Mart Is humbly submitted to ther Lordships Judgement For the Judge Admirall 3 was never in use to give Letters off Mart And ther is noe Admirall or vice Admirall yet in exercise And the Forsaid Commission is at a stand Because of the Earle of Marchmount then Chancelour his being therin sine quo non This is the humble returne of Sic Subscribitur James Steuart. And the said petition being upon the nynthteen day off January Jaj vijc and Three againe Called The saids Lords of Her Majesties privie Councill Haveing Considered the above petition given into them By the Court off Directors off the Affrican and Indian Company off Scotland annent Letters of Mart with the Report made By Her Majesties Advocat Annent the saids Letters off Mart And the samen Being read in their presence The saids Lords off Her Majesties privie Councill Doe heirby Recommend To Sir James Steuart her Majesties Advocat To writ to the Two Secretaries off State For this Kingdome To take the most effectuall method and way for procureing To the said Affrican and Indian Company Letters of Mart For the shipe sailed By […] Lyeing in the River off Thames and Imployed in the Companies service And that either From Her Majestie or From the Admirall off Scotland as their Lordships shall think Fit.

Edinburgh the 19th January 1703

D1703/1/61

Act

Act Infavours of the Court of Directors etc

Annent The Petitione given in and presented to the Lords of Her Majesties privie Councill By the Court of Directors of the Companie of Scotland Trading to Affrica and the Indies Shewing That ther being a Shipe off about Tuo hundered seventie five Tuns burden mounted with Tuenty Six pices of Ordinarie or Great Guns with Suteable Amunition and small arms ready to saill from the River of Thames for the East Indies upon the said Companys account And that by reason of the Dipending Disput betuin those who acted in the office of the Admirality of this Kingdome By vertue off his late Majesties Commission and those who are now Commissioned by his Grace the Duke of Lennox as Lord high Admirall your Petitioners after earnest application made can not prevail with Either the one or the other To grant Letters of Mart For the said shipe untill the said Disput be Decided And Therfore craveing Their Lordships To interpose this authority in that matter so as to answer the present exigency In respect that the said shipe most unavoidably saill furth with Unless the run the hazerd of loasing boeth the season and Convoy And cannot be saiff without the said Letters of Mart as the said petition bears2 Which Petition Being upon the fourthteen off January Jaj vijc and three The Lords of Her Majesties privie Councill Haveing heard the above petition Given into them By the Court of Directors off the Company of Scotland trading to Affrica and the Indies Read in their presence They heirby delayed the same till Tuesday nixt And in the mean tyme Recommends to Sir James Steuart Her Majesties Advocat To see and consider the said petition Edinburgh the Nynthteen of January Jaj vijc and Three I have seen the Petition presented to the Councill By the Affrican Companie about Letters off Mart with the privie Councills recommendation upon it and Their Lordships maybe pleased To know that Letters of Mart Can only be given by the high Admirall Or Vice Admirall with approbation off Her Majestie or the Lords off privie Councill As also that the Commission off Admirality granted by the late King with power to the Commissioners To give Letters of Mart with approbation as above stands yet undischairged or determined Save that the late Lord Chancellour is sine quo non Which puts a stop to it And Therfore it is thought That the privy Councill can only supply this deffect But whither ther Lordships by themselves will give Letters of Mart Is humbly submitted to ther Lordships Judgement For the Judge Admirall 3 was never in use to give Letters off Mart And ther is noe Admirall or vice Admirall yet in exercise And the Forsaid Commission is at a stand Because of the Earle of Marchmount then Chancelour his being therin sine quo non This is the humble returne of Sic Subscribitur James Steuart. And the said petition being upon the nynthteen day off January Jaj vijc and Three againe Called The saids Lords of Her Majesties privie Councill Haveing Considered the above petition given into them By the Court off Directors off the Affrican and Indian Company off Scotland annent Letters of Mart with the Report made By Her Majesties Advocat Annent the saids Letters off Mart And the samen Being read in their presence The saids Lords off Her Majesties privie Councill Doe heirby Recommend To Sir James Steuart her Majesties Advocat To writ to the Two Secretaries off State For this Kingdome To take the most effectuall method and way for procureing To the said Affrican and Indian Company Letters of Mart For the shipe sailed By […] Lyeing in the River off Thames and Imployed in the Companies service And that either From Her Majestie or From the Admirall off Scotland as their Lordships shall think Fit.

1. NRS, PC2/28, 237r-238r.

2. The words ‘as the said petition bears’ are an insertion.

3. Two illegible words scored out here.

1. NRS, PC2/28, 237r-238r.

2. The words ‘as the said petition bears’ are an insertion.

3. Two illegible words scored out here.

Act, 19 January 1703, Edinburgh

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Edinburgh the 19th January 1703

D1703/1/51

Act

Act In favours of Elizabeth Winrame

Annent The petition given in and presented to the Lords of Her Majesties privie Councill By Elizabeth Winram spouse to John Colquhoun off Kenmuir Shewing That By the Contract of marriadge past betwixt the said John Colquhoun of Kenmuir his father Did Dispone the Lands of Kenmuir to the petitioners husband and the heirs of the marriadge As also Nyne Thousand merks of the soumes which wer due to him upon the Estate of Caintoun And my Tocher being also Nyne Thousand merks the same with the forsaid money upon Carntoun was provyded to the saids Children And by the same Contract The petitioner is provyded to the Lyferent of the half of the Lands of Kenmuir and accordingly infeft therin As also The petitioner is provyded to five hundereth merks yearly out of the annualrent of the forsaid soumes The annualrent of the petitioners oun Tocher which was then well secured upon the Estate of Wilstoun Being discounted in the first place Notwithstanding wherof albeit The petitioner Did Cheirfully Comply that her Tocher should be lifted and imployed by her husband For payment of the pressing debts to which the petitioners husband was subjected on account off his father and Uncle Conterar to the petitioners Expectation upon his granting to her for her Lyferent out of the Estate of Cairntoune In soe far as Concerned what was provyded to the petitioner by the Lyferent of her oun Tocher and soe much out of his other money as should be necessary For makeing up the difficiencie of the petitioners annuity yet nevertheless and albeit her husbands Estate be more then sufficient for payment of all his debts some of his Creditors are soe seveare and rigorous That by ther pressing dilligences The petitioner and and2 her family are reduced to difficulties And seeing this Misfortune is occasioned by Cautionries wher ther will in the event be found sufficient fonds of releif and that in such caice their Lordships are in use to grant moderat aliments out off the husbands Estate For mentinance of his wyfe and ther Children And that The petitioner is content that the same be restricted to the forsaid halfe Lands of Kenmuir which will not Exceed Five hundereth merks or therby per annum And Therfor Creaving That ther Lordships might be pleased to take to ther serious Consideration the Caice of the petitioner and her Children and to grant warrand to the petitioner for uplifting out of the first and readiest of the said Estate as much as will correspond to the annualrent of the petitioners forsaid Tocher which was punctually payed or otherwayes to allow the petitioner the rents of the forsaid half Lands of Kenmuir wherin The petitioner is infeft and that for the necessar support off her and her Children And to Declair that the samen shall not be affectable by her husbands Creditors as use is in the lyke caices As the said petition Bears The Lords of Her Majesties privie Councill Haveing Considered the above petition given into them by Elizabeth Winram spouse to John Colquhoun off Kenmuir with her Contract of marriadge produced therwith And the samen Being read in their presence The saids Lords of her Majesties privie Councill Have Modefied and allowed And heirby Modefies and allowes The soume off Five hundereth merks scots money To be payed to the petitioner yearly as ane aliment For the mentinance off her self and Children and that out off the said Estate off Kenmuir att Tuo termes in the year Whyttsunday and Martimes be equall portiones Being the first termes payment therof at the terme of Whyttsunday nixt For the half year preceeding and yearly and termly in tyme comeing And Decernes and Ordaines The factors, heretors and Tennents of the said Estate to make payment off the said soume off Five hundereth merks off yearly aliment Conforme to ther Rents to be Contained in a list Containing ther severall proportiones To be given in by the said Elizabeth Winram and subscryved by her to the Clerks of privie Councill And ordaines Letters of Horning under the signet of Councill To be direct hereupon against the Factor of the said Estate And in caice ther be noe factor against the Heritors and tennents therof upon a list to be given in and subscrived as above and that this aliment shall noe wayes be affected with any debts of her husband But that her Dischairge by her selfe alon without Consent of her said husband shall be a sufficient Exonouration therof to the tennents and others forsaids.

Edinburgh the 19th January 1703

D1703/1/51

Act

Act In favours of Elizabeth Winrame

Annent The petition given in and presented to the Lords of Her Majesties privie Councill By Elizabeth Winram spouse to John Colquhoun off Kenmuir Shewing That By the Contract of marriadge past betwixt the said John Colquhoun of Kenmuir his father Did Dispone the Lands of Kenmuir to the petitioners husband and the heirs of the marriadge As also Nyne Thousand merks of the soumes which wer due to him upon the Estate of Caintoun And my Tocher being also Nyne Thousand merks the same with the forsaid money upon Carntoun was provyded to the saids Children And by the same Contract The petitioner is provyded to the Lyferent of the half of the Lands of Kenmuir and accordingly infeft therin As also The petitioner is provyded to five hundereth merks yearly out of the annualrent of the forsaid soumes The annualrent of the petitioners oun Tocher which was then well secured upon the Estate of Wilstoun Being discounted in the first place Notwithstanding wherof albeit The petitioner Did Cheirfully Comply that her Tocher should be lifted and imployed by her husband For payment of the pressing debts to which the petitioners husband was subjected on account off his father and Uncle Conterar to the petitioners Expectation upon his granting to her for her Lyferent out of the Estate of Cairntoune In soe far as Concerned what was provyded to the petitioner by the Lyferent of her oun Tocher and soe much out of his other money as should be necessary For makeing up the difficiencie of the petitioners annuity yet nevertheless and albeit her husbands Estate be more then sufficient for payment of all his debts some of his Creditors are soe seveare and rigorous That by ther pressing dilligences The petitioner and and2 her family are reduced to difficulties And seeing this Misfortune is occasioned by Cautionries wher ther will in the event be found sufficient fonds of releif and that in such caice their Lordships are in use to grant moderat aliments out off the husbands Estate For mentinance of his wyfe and ther Children And that The petitioner is content that the same be restricted to the forsaid halfe Lands of Kenmuir which will not Exceed Five hundereth merks or therby per annum And Therfor Creaving That ther Lordships might be pleased to take to ther serious Consideration the Caice of the petitioner and her Children and to grant warrand to the petitioner for uplifting out of the first and readiest of the said Estate as much as will correspond to the annualrent of the petitioners forsaid Tocher which was punctually payed or otherwayes to allow the petitioner the rents of the forsaid half Lands of Kenmuir wherin The petitioner is infeft and that for the necessar support off her and her Children And to Declair that the samen shall not be affectable by her husbands Creditors as use is in the lyke caices As the said petition Bears The Lords of Her Majesties privie Councill Haveing Considered the above petition given into them by Elizabeth Winram spouse to John Colquhoun off Kenmuir with her Contract of marriadge produced therwith And the samen Being read in their presence The saids Lords of her Majesties privie Councill Have Modefied and allowed And heirby Modefies and allowes The soume off Five hundereth merks scots money To be payed to the petitioner yearly as ane aliment For the mentinance off her self and Children and that out off the said Estate off Kenmuir att Tuo termes in the year Whyttsunday and Martimes be equall portiones Being the first termes payment therof at the terme of Whyttsunday nixt For the half year preceeding and yearly and termly in tyme comeing And Decernes and Ordaines The factors, heretors and Tennents of the said Estate to make payment off the said soume off Five hundereth merks off yearly aliment Conforme to ther Rents to be Contained in a list Containing ther severall proportiones To be given in by the said Elizabeth Winram and subscryved by her to the Clerks of privie Councill And ordaines Letters of Horning under the signet of Councill To be direct hereupon against the Factor of the said Estate And in caice ther be noe factor against the Heritors and tennents therof upon a list to be given in and subscrived as above and that this aliment shall noe wayes be affected with any debts of her husband But that her Dischairge by her selfe alon without Consent of her said husband shall be a sufficient Exonouration therof to the tennents and others forsaids.

1. NRS, PC2/28, 236r-237r.

2. Sic.

1. NRS, PC2/28, 236r-237r.

2. Sic.

Sederunt, 19 January 1703, Edinburgh

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Edinburgh the 19th January 17031

D1703/1/42

Sederunt

Earl of Eglingtoun; Earl of Loudoun; Earl of Forfar; Lord Register; Lord Advocat; Lord Aberuchill; Lord Halcraig; Lord Crossrigg; Lord Rankillor; Lord Phesdo; Mr Fra: Montgomery

Edinburgh the 19th January 17031

D1703/1/42

Sederunt

Earl of Eglingtoun; Earl of Loudoun; Earl of Forfar; Lord Register; Lord Advocat; Lord Aberuchill; Lord Halcraig; Lord Crossrigg; Lord Rankillor; Lord Phesdo; Mr Fra: Montgomery

1. NRS, PC2/28, 236r.

2. NRS, PC2/28, 236r.

1. NRS, PC2/28, 236r.

2. NRS, PC2/28, 236r.

Warrant, 19 January 1703, Edinburgh

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Att Edinburgh the Nynteinth day of January Jaj viic and thrie years

A1703/1/121

Warrant

Warrant for Transporting Samuell Hanna to Holland

Anent the Obligation and Consent given in to the Lords of her Majesties privy Councill Be Samuell Hanna prisoner in the Tolbooth of Edinburgh Mentioning Forasmuch as he was formerly incarcerat within the Said Tolbooth of Edinburgh be vertue of ane warrand from the Lords of privy Councill for alledged Coyning or vending of false Coyn wherupon he makeing application to their Lordships and Consenting to his own banishment furth of the kingdome of Scotland or any other of his Late majesties dominions never to returne under the pain of death and therafter he comeing home was again (In great favour and mercie) Sent abroad with Captain James Alexander in Brigadeer Walter Coliars Regiment not to returne again upon the paines and penaltie abovewrittin And now Seing that notwithstanding of his comeing back again and being incarcerat again within the Tolbooth of Edinburgh And that it hath pleased the Lords of her Majesties privy Councill to grant him the favor and Grace as to Suffer him to goe abroad again in her Majesties Service to Serve wnder the Command of Captain James Cuninghame in Brigadeer Murray his Regiment now in the Service of the States of the Unitted Provinces Therfore the said Samuell Hanna freely and willingly Consented to goe abroad with the said Captain Cuninghame and to Serve under his Command as abovewrittin And Band and oblidged him that he Should never returne to the Kingdome of Scotland under the paines and penaltie of what ever it should please the saids Lords of privy Councill to inflict upon him in caice of his returning as said is without Liberty or warant theranent As the said Consent and obligation bearing ane Clause of registration and dated the Eightein January instant more fully bears The Lords of her Majesties privy Councill haveing Considered the Obligation and Consent under the hands of Samvell Hanna now prisoner in the Tolbooth of Edinburgh and the samen being read in ther presence, The Saids Lords of her Majesties privy Councill; Doe hereby Give order and warrand; to the Magistrates of Edinburgh and keeper of their Tolbooth To delyver up the person of the said Samuell Hanna To Captain James Cuninghame in Brigadeer Murray his regiment to be by him transported to Holland to Serve in her Majesties Service ther; And Discharges the said Samuell Hanna ever to returne into her Majesties dominions under all highest paines; and in the Mean time Ordaines the said Captain Cuninghame to pay to the keeper of the said Tolbooth the house dues; and to aliment the said Samuell Hannay ay and while he be transported as said is.

Att Edinburgh the Nynteinth day of January Jaj viic and thrie years

A1703/1/121

Warrant

Warrant for Transporting Samuell Hanna to Holland

Anent the Obligation and Consent given in to the Lords of her Majesties privy Councill Be Samuell Hanna prisoner in the Tolbooth of Edinburgh Mentioning Forasmuch as he was formerly incarcerat within the Said Tolbooth of Edinburgh be vertue of ane warrand from the Lords of privy Councill for alledged Coyning or vending of false Coyn wherupon he makeing application to their Lordships and Consenting to his own banishment furth of the kingdome of Scotland or any other of his Late majesties dominions never to returne under the pain of death and therafter he comeing home was again (In great favour and mercie) Sent abroad with Captain James Alexander in Brigadeer Walter Coliars Regiment not to returne again upon the paines and penaltie abovewrittin And now Seing that notwithstanding of his comeing back again and being incarcerat again within the Tolbooth of Edinburgh And that it hath pleased the Lords of her Majesties privy Councill to grant him the favor and Grace as to Suffer him to goe abroad again in her Majesties Service to Serve wnder the Command of Captain James Cuninghame in Brigadeer Murray his Regiment now in the Service of the States of the Unitted Provinces Therfore the said Samuell Hanna freely and willingly Consented to goe abroad with the said Captain Cuninghame and to Serve under his Command as abovewrittin And Band and oblidged him that he Should never returne to the Kingdome of Scotland under the paines and penaltie of what ever it should please the saids Lords of privy Councill to inflict upon him in caice of his returning as said is without Liberty or warant theranent As the said Consent and obligation bearing ane Clause of registration and dated the Eightein January instant more fully bears The Lords of her Majesties privy Councill haveing Considered the Obligation and Consent under the hands of Samvell Hanna now prisoner in the Tolbooth of Edinburgh and the samen being read in ther presence, The Saids Lords of her Majesties privy Councill; Doe hereby Give order and warrand; to the Magistrates of Edinburgh and keeper of their Tolbooth To delyver up the person of the said Samuell Hanna To Captain James Cuninghame in Brigadeer Murray his regiment to be by him transported to Holland to Serve in her Majesties Service ther; And Discharges the said Samuell Hanna ever to returne into her Majesties dominions under all highest paines; and in the Mean time Ordaines the said Captain Cuninghame to pay to the keeper of the said Tolbooth the house dues; and to aliment the said Samuell Hannay ay and while he be transported as said is.

1. NRS, PC1/52, 493-4.

1. NRS, PC1/52, 493-4.

Warrant, 19 January 1703, Edinburgh

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Att Edinburgh the Nynteinth day of January Jaj viic and thrie years

A1703/1/111

Warrant

Warrant for the Earl of Orknayes officers to Levie men and Beatt Drums

The Lords of her Majesties privy Councill Conforme to her Majesties Letter direct to them of the date the Threttie one day of december Jaj viic and two years Doe heirby Grant warrand to and Authorizes the officers of her Majesties two Battallions of foot Commanded by the Earle of Orkney To beat drumds for Levieing of men within the city of Edinburgh or any other place within this kingdome for detaineing and keeping their recruits Deserters or others who Shall ingage with them untill they Shall be transported for Holland; and grants warrand to the saids officers to Seize upon take and apprehend all deserters from the saids two Battallions and ordaines all magistrats and others to give their concurrance to the saids officers for makeing up their recruites and Secureing their deserters and others who shall willingly ingadge with them The Saids officers allwayes Mentaineing their saids recruites deserters and others who ingadge with them upon their oun proper Charges and expences; And prohibites and Discharges any disorders or abuses to be Committed by the saids officers in takeing up of their recruites, Seazing of their deserters or takeing on Souldiers but allwayes keeping themselves within the bounds that the Law prescrybes

Att Edinburgh the Nynteinth day of January Jaj viic and thrie years

A1703/1/111

Warrant

Warrant for the Earl of Orknayes officers to Levie men and Beatt Drums

The Lords of her Majesties privy Councill Conforme to her Majesties Letter direct to them of the date the Threttie one day of december Jaj viic and two years Doe heirby Grant warrand to and Authorizes the officers of her Majesties two Battallions of foot Commanded by the Earle of Orkney To beat drumds for Levieing of men within the city of Edinburgh or any other place within this kingdome for detaineing and keeping their recruits Deserters or others who Shall ingage with them untill they Shall be transported for Holland; and grants warrand to the saids officers to Seize upon take and apprehend all deserters from the saids two Battallions and ordaines all magistrats and others to give their concurrance to the saids officers for makeing up their recruites and Secureing their deserters and others who shall willingly ingadge with them The Saids officers allwayes Mentaineing their saids recruites deserters and others who ingadge with them upon their oun proper Charges and expences; And prohibites and Discharges any disorders or abuses to be Committed by the saids officers in takeing up of their recruites, Seazing of their deserters or takeing on Souldiers but allwayes keeping themselves within the bounds that the Law prescrybes

1. NRS, PC1/52, 493.

1. NRS, PC1/52, 493.

Procedure, 19 January 1703, Edinburgh

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Att Edinburgh the Nynteinth day of January Jaj viic and thrie years

A1703/1/101

Procedure

[Eglinton elected Preses]

The Earl of Eglingtoune Elected preses pro tempore.

Att Edinburgh the Nynteinth day of January Jaj viic and thrie years

A1703/1/101

Procedure

[Eglinton elected Preses]

The Earl of Eglingtoune Elected preses pro tempore.

1. NRS, PC1/52, 493.

1. NRS, PC1/52, 493.

Sederunt, 19 January 1703, Edinburgh

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Att Edinburgh the Nynteinth day of January Jaj viic and thrie years1

A1703/1/92

Sederunt

Earl of Eglingtoun; Earl of Loudoun; Earl of Forfar; Lord Register; Lord Advocat; Lord Aberurchill; Lord Halcraig; Lord Crossrig; Lord Rankeillor; Lord Phesdoe; Mr Fra: Montgomry

Att Edinburgh the Nynteinth day of January Jaj viic and thrie years1

A1703/1/92

Sederunt

Earl of Eglingtoun; Earl of Loudoun; Earl of Forfar; Lord Register; Lord Advocat; Lord Aberurchill; Lord Halcraig; Lord Crossrig; Lord Rankeillor; Lord Phesdoe; Mr Fra: Montgomry

1. NRS, PC1/52, 493.

2. NRS, PC1/52, 493.

1. NRS, PC1/52, 493.

2. NRS, PC1/52, 493.