Tag Archives: 19 June 1701

Act, 19 June 1701, Edinburgh

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Att Edinburgh the Nynteinth day of June 1701

D1701/6/121

Act

Act Mr Michaell Livingstoun anent the Custodie of the Laird of Glentirran

Anent the petition given in to the Lords of his Majesties privie Councill By Mary Countes Douager of Callender Shewing That Sir Alexander Livingstoun of Glentirran haveing apponted Dam […] Borthwick his Relict Tutrix to his sone and Daughter She the said Relict Committed her sone to the Custodie and Education of Mr Michaell Livingstoun of Bataskine his Fathers Brother uterine Where his health is preserved and continued and his Education had care of to great advantage she the said Relict retained the Daughter with her self who lived but short while This Tutorie vaceing by the said Lady Her Maryeing […] Lyon of Carnse There is a Gift of Tutorie Dative obtained by the said Lyon of Carss wherin the Earle of Ruglen The heir Substitute to the pupill concurred with all his influence intrest and presence at the Bar The said Carss the tutor desyreing to take the custodie of the said Sir James Livingstoun now of Glentirran the oey and only Issew of Alexander Earle of Callendar The petitioners Dear Lord, from the said Mr Michaell Livingstoun Brother uterin to the said pupill his Father The petitioners cannot without ingratitude to Her Dear Lords Memorie and for preservation of his only issew But represent to the saids Lords That though the Lords of Exchequer gave ane Tutorie Dative to the said Cairss yet at the time it was understood by them that if the custodie of the pupill fall in question He the said Tutor could not have the custodie Because the Child hes been brade and brought up to the great advancement of his health and Advantage of his Education with the said Mr Micahell Livingstoun of Bataskine The chainge of the air and way of his education may make alteration in Both Secundo Wherever the Tutor hes intrest by the pupills death or the Advancer of the Tutor to his officer, naither of those causes The tutor never getts the custodie of the pupill And in this cise the Mother who is the Tutors Lady hes ane Additionall Joynture by the death of the pupill And the Earle of Ruglen who was at the greatest pains In obtaining this Tutorie to Carss is to succeed to the pupill upon his death Therfore Craveing The saids Lords to Discharge the Delivering of the said […] Livingstoun of Glentirran to the said Laird of Carss his Tutor And to ordain him to remain with the said Mr Michaell Livingstoun who may have satisfaction and pleasure by the life of so near a Religion But can have no Advantage but sorrow thor his death Being resolved to make him his heir haveing no Children of his oune As the said petition bears The Lords of His Majesties privie Councill haveing considered this petition given in to them by the said Countes of Callender And Ansuers therto for Mr Patrick Lyon of Carss They have Discharged and heirby Discharges the Deliverie of the above Sir James Livingstoun of Glentirran pupill to the said Laird of Carss To his said Tutor And ordains him to remain with the said Mr Michaell Livingstoun

Att Edinburgh the Nynteinth day of June 1701

D1701/6/121

Act

Act Mr Michaell Livingstoun anent the Custodie of the Laird of Glentirran

Anent the petition given in to the Lords of his Majesties privie Councill By Mary Countes Douager of Callender Shewing That Sir Alexander Livingstoun of Glentirran haveing apponted Dam […] Borthwick his Relict Tutrix to his sone and Daughter She the said Relict Committed her sone to the Custodie and Education of Mr Michaell Livingstoun of Bataskine his Fathers Brother uterine Where his health is preserved and continued and his Education had care of to great advantage she the said Relict retained the Daughter with her self who lived but short while This Tutorie vaceing by the said Lady Her Maryeing […] Lyon of Carnse There is a Gift of Tutorie Dative obtained by the said Lyon of Carss wherin the Earle of Ruglen The heir Substitute to the pupill concurred with all his influence intrest and presence at the Bar The said Carss the tutor desyreing to take the custodie of the said Sir James Livingstoun now of Glentirran the oey and only Issew of Alexander Earle of Callendar The petitioners Dear Lord, from the said Mr Michaell Livingstoun Brother uterin to the said pupill his Father The petitioners cannot without ingratitude to Her Dear Lords Memorie and for preservation of his only issew But represent to the saids Lords That though the Lords of Exchequer gave ane Tutorie Dative to the said Cairss yet at the time it was understood by them that if the custodie of the pupill fall in question He the said Tutor could not have the custodie Because the Child hes been brade and brought up to the great advancement of his health and Advantage of his Education with the said Mr Micahell Livingstoun of Bataskine The chainge of the air and way of his education may make alteration in Both Secundo Wherever the Tutor hes intrest by the pupills death or the Advancer of the Tutor to his officer, naither of those causes The tutor never getts the custodie of the pupill And in this cise the Mother who is the Tutors Lady hes ane Additionall Joynture by the death of the pupill And the Earle of Ruglen who was at the greatest pains In obtaining this Tutorie to Carss is to succeed to the pupill upon his death Therfore Craveing The saids Lords to Discharge the Delivering of the said […] Livingstoun of Glentirran to the said Laird of Carss his Tutor And to ordain him to remain with the said Mr Michaell Livingstoun who may have satisfaction and pleasure by the life of so near a Religion But can have no Advantage but sorrow thor his death Being resolved to make him his heir haveing no Children of his oune As the said petition bears The Lords of His Majesties privie Councill haveing considered this petition given in to them by the said Countes of Callender And Ansuers therto for Mr Patrick Lyon of Carss They have Discharged and heirby Discharges the Deliverie of the above Sir James Livingstoun of Glentirran pupill to the said Laird of Carss To his said Tutor And ordains him to remain with the said Mr Michaell Livingstoun

1. NRS, PC2/28, 89v-90r.

1. NRS, PC2/28, 89v-90r.

Sederunt, 19 June 1701, Edinburgh

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Att Edinburgh the Nynteinth day of June 17011

D1701/6/112

Sederunt

Lord Chancelor; Earl of Lauderdale; Earl of Leven; Viscount Tarbat; Viscount Tiviot; Lord Montgomrie; Lord Boyle; Lord president of session; Lord justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Crocerig; Lord Phesdo; Mr Frances Montgomrie; Lord provost of Edinburgh

Att Edinburgh the Nynteinth day of June 17011

D1701/6/112

Sederunt

Lord Chancelor; Earl of Lauderdale; Earl of Leven; Viscount Tarbat; Viscount Tiviot; Lord Montgomrie; Lord Boyle; Lord president of session; Lord justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Crocerig; Lord Phesdo; Mr Frances Montgomrie; Lord provost of Edinburgh

1. NRS, PC2/28, 89v.

2. NRS, PC2/28, 89v.

1. NRS, PC2/28, 89v.

2. NRS, PC2/28, 89v.

Act, 19 June 1701, Edinburgh

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Att Edinburgh the Nynteinth day of June Jaj viic and one years

A1701/6/151

Act

Reprive to John Weir to the 18 July nixt

Anent the petition given in to the Lords of his Majesties Privy Councill be Alexander Hall fo Monkrige Shewing That wher the petitioner being informed by some rogues whom the petitioner hade Secured on the English side That John Weir under Sentence of death was able to make such discoveries as would tend extreamly to the advantadge of both Kingdomes by breaking the Setts and Gangs of theifs and robbers who at present do so much mischeife by their Stealling and robbing; The petitioner hereupon came from England to this place, and haveing Spocken with the said John Weir has already gott considerable discoveries from him, which he was content to Impairt to the saids Lords any of their number whom the saids Lords would appoint But the day appointed for the execution of the said John being so near at hand neither will his time allow him to make his discoveries so full as the petitioner would; Nor did his memorie Serve him his thoughts being taken up with more weighty matters; And Seing it would be a great advantage to both kingdomes that rogues were discovered Seazed and brought to condigne punishment And that the executeing of the said John Weir at the day appointed would frustrat furder discoverie And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned The Lords of his Majesties privy Councill haveing considered the above petitione given in to them be the above Alexander Hall of Munkridge They hereby Reprive the above John Weir from the Sentence of death pronunced against him by the Lords Commissioners of his Majesties Justiciary untill the Seventeinth day of July nixt to come inclusive And Ordaines the Magistrates of Edinburgh to see the said Sentance put to execution against the Said John Weir upon the eighteinth day of the said moneth without farder delay And in the mean time Nominats and appoints the Lords Advocat, Justice Clerk Philiphaugh and Rankeillor and the provest of Edinburgh to be a Committie to call for the said John Weir from the Tolbooth or to goe with the said Hall of Munkrige in to the said Tolbooth And to hear the said Monkrige ask such questiones at the said John Weir as they shall find pertinent And Recommends to the said Committie to meett to morrow at ten in the forenoon; And Declares any thrie of the said Committie to be a sufficient quorum; And Recommends to them to make their report to the Councill with their conveniencie Sic Subscribitur Marchmont Cancellar Lauderdale, Teviot, Montgomrie, Boyle, John Maxwell, James Murray, James Falconar, F Montgomrie; Patrick Johnstone.

Att Edinburgh the Nynteinth day of June Jaj viic and one years

A1701/6/151

Act

Reprive to John Weir to the 18 July nixt

Anent the petition given in to the Lords of his Majesties Privy Councill be Alexander Hall fo Monkrige Shewing That wher the petitioner being informed by some rogues whom the petitioner hade Secured on the English side That John Weir under Sentence of death was able to make such discoveries as would tend extreamly to the advantadge of both Kingdomes by breaking the Setts and Gangs of theifs and robbers who at present do so much mischeife by their Stealling and robbing; The petitioner hereupon came from England to this place, and haveing Spocken with the said John Weir has already gott considerable discoveries from him, which he was content to Impairt to the saids Lords any of their number whom the saids Lords would appoint But the day appointed for the execution of the said John being so near at hand neither will his time allow him to make his discoveries so full as the petitioner would; Nor did his memorie Serve him his thoughts being taken up with more weighty matters; And Seing it would be a great advantage to both kingdomes that rogues were discovered Seazed and brought to condigne punishment And that the executeing of the said John Weir at the day appointed would frustrat furder discoverie And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned The Lords of his Majesties privy Councill haveing considered the above petitione given in to them be the above Alexander Hall of Munkridge They hereby Reprive the above John Weir from the Sentence of death pronunced against him by the Lords Commissioners of his Majesties Justiciary untill the Seventeinth day of July nixt to come inclusive And Ordaines the Magistrates of Edinburgh to see the said Sentance put to execution against the Said John Weir upon the eighteinth day of the said moneth without farder delay And in the mean time Nominats and appoints the Lords Advocat, Justice Clerk Philiphaugh and Rankeillor and the provest of Edinburgh to be a Committie to call for the said John Weir from the Tolbooth or to goe with the said Hall of Munkrige in to the said Tolbooth And to hear the said Monkrige ask such questiones at the said John Weir as they shall find pertinent And Recommends to the said Committie to meett to morrow at ten in the forenoon; And Declares any thrie of the said Committie to be a sufficient quorum; And Recommends to them to make their report to the Councill with their conveniencie Sic Subscribitur Marchmont Cancellar Lauderdale, Teviot, Montgomrie, Boyle, John Maxwell, James Murray, James Falconar, F Montgomrie; Patrick Johnstone.

1. NRS, PC1/52, 233-4.

1. NRS, PC1/52, 233-4.

Sederunt, 19 June 1701, Edinburgh

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Att Edinburgh the Nynteinth day of June Jaj viic and one years1

A1701/6/142

Sederunt

Lord Chancelor; Earl of Lauderdale; Earl of Leven; Viscount Tarbat; Viscount Teviot; Lord Montgomry; Lord Boyle; Lord President of Session; Lord Justice Clerk; Lord Aberurchill; Lord Philiphaugh; Lord Crossrig; Lord Phesdoe; Mr Francis Montgomry; Lord Provest of Edinburgh

Att Edinburgh the Nynteinth day of June Jaj viic and one years1

A1701/6/142

Sederunt

Lord Chancelor; Earl of Lauderdale; Earl of Leven; Viscount Tarbat; Viscount Teviot; Lord Montgomry; Lord Boyle; Lord President of Session; Lord Justice Clerk; Lord Aberurchill; Lord Philiphaugh; Lord Crossrig; Lord Phesdoe; Mr Francis Montgomry; Lord Provest of Edinburgh

1. NRS, PC1/52, 233.

2. NRS, PC1/52, 233.

1. NRS, PC1/52, 233.

2. NRS, PC1/52, 233.