Tag Archives: 20 February 1701

Act, 20 February 1701, Edinburgh

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Att Edinburgh the tuentieth day of Febrwary Jai vijc and one

D1701/2/231

Act

Act The Magistrats of Elgine

Anent a petition given in to the Lords of His majesties privie Councill by The Magistrats and Toun councill of Elgine humblie Shewing That Robert Gibson of Linwood was Imprisoned by the petitioners in their Tolbooth as Furious And haveing comitted severall insults both wpon the Inhabitants And these who did occasionally resort to the said Burgh att the desyre of the Neighbouring Gentrie And for the safetie of the publict peace But now in the petitioners absence when they were necessitated to come up the saids Lords in a Councill process against them The said Robert Gibson on the tuenty sixth of october last sett Fyre to the Tolbooth of the burgh And without possibilitie of qwenching it in the Night tyme the same was utterly burned Heirby They were necessitat in the first place to apply to the saids Lords for removeing of the said Robert Gibson the indenciary to some prisone in another place And in the mean tyme to grant warrant to the petitioners to putt shackles on him when he is Furious lest he should escape and doe prejudice to any Inhabitants before the convenieing of Transporting him And in the nixt place that Their Lordships would Declair the petitioners free from receiving prisoners for privat debts til their Tolbooth could be rebult because of the extraordinarines of the case The truth of what is above advanced is notorious and could be attested by severalls wpon the place And Therfore Craving to the effect aftermentioned As the said petition bears The Lords of his Majesties privie councill haveing considered the above petition given in to them by the above Magistrats of Elgine They heirby Allow the saids petitioners to putt shakles upon the said Robert Gibson in tyme of his Furious violence to the Inhabitants As Also the saids Lords Have Declaired and heirby Declairs the petitioners to be free from receiveing prisoners into their Tolbooth untill the terme of Whisunday Jai vijc three years Betuixt and which the said Lords appoynts the petitioners to have the Tolbooth rebuilt and in readienes

Att Edinburgh the tuentieth day of Febrwary Jai vijc and one

D1701/2/231

Act

Act The Magistrats of Elgine

Anent a petition given in to the Lords of His majesties privie Councill by The Magistrats and Toun councill of Elgine humblie Shewing That Robert Gibson of Linwood was Imprisoned by the petitioners in their Tolbooth as Furious And haveing comitted severall insults both wpon the Inhabitants And these who did occasionally resort to the said Burgh att the desyre of the Neighbouring Gentrie And for the safetie of the publict peace But now in the petitioners absence when they were necessitated to come up the saids Lords in a Councill process against them The said Robert Gibson on the tuenty sixth of october last sett Fyre to the Tolbooth of the burgh And without possibilitie of qwenching it in the Night tyme the same was utterly burned Heirby They were necessitat in the first place to apply to the saids Lords for removeing of the said Robert Gibson the indenciary to some prisone in another place And in the mean tyme to grant warrant to the petitioners to putt shackles on him when he is Furious lest he should escape and doe prejudice to any Inhabitants before the convenieing of Transporting him And in the nixt place that Their Lordships would Declair the petitioners free from receiving prisoners for privat debts til their Tolbooth could be rebult because of the extraordinarines of the case The truth of what is above advanced is notorious and could be attested by severalls wpon the place And Therfore Craving to the effect aftermentioned As the said petition bears The Lords of his Majesties privie councill haveing considered the above petition given in to them by the above Magistrats of Elgine They heirby Allow the saids petitioners to putt shakles upon the said Robert Gibson in tyme of his Furious violence to the Inhabitants As Also the saids Lords Have Declaired and heirby Declairs the petitioners to be free from receiveing prisoners into their Tolbooth untill the terme of Whisunday Jai vijc three years Betuixt and which the said Lords appoynts the petitioners to have the Tolbooth rebuilt and in readienes

1. NRS, PC2/28, 36r-v.

1. NRS, PC2/28, 36r-v.

Procedure, 20 February 1701, Edinburgh

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Att Edinburgh the tuentieth day of Febrwary Jai vijc and one

D1701/2/221

Procedure

Remitt to the Commissioners of Supplie of Rhenfrewshyre anent Ferguslie

Anent a petition given in to the Lords of his Majesties privie Councill by William Cochran of Ferguslie Humbly Shewing That where according to the appoyntment of the late act of parliament for the new supplie The Commissioners of the shyre of Rhenfrew mett at the Toun of Rhenfrew upon the eighteinth of this instant being the third Tuesady therof And these Commissioners being tuenty in all did choise the Earle of Glencairne to be their preses And then proceided to Choise their Collector And the votes running betwixt the petitioner and the sherrfif deput It so hapned that there were ten for the petitioner And nyn only for the Sherriff deput So that according to the instant will of Law the petitioner was Legally Choisen and ought to have been declared Notwithstanding wherof it pleased the said Earle of Glencairne preses and the votes not eqwall To pretend that he might give his vote and therby to alleadg that the matter was brought to ane just equall Besydes that he and others objected that the petitioner had unwarrantablie voted for himself wherby the meeting brakeing up The petitioner haveing obtained a declaration and the subscriptiones of the ten that voted for him And was necessitat to apply to their Lordships To whom the determination of such qwestions belonged To have his right to be Collector asserted and established And seing it was most certain that no preses in any court could pretend to a vote unless it be a casting vote in caise of eqwallity Because if otherwayes courts of ane even number could have no ishew And that it was most laufull for the petitioner to vote for himself As had been found in many causes And that for verefication of the premisses he had produced both the declaration of his voters and lykwayes ane authentick extract of the sederunt Therfore Craveing that it might have pleased their Lordships To have found the said Election Legall and orderly And to have declaired him Collector of the said shyre And to have prohibited and Discharged any new election to be made in the said shyre or any further meeting for that effect untill that the petitioner were Legally exauterat which could never bee except aither by death of Malversaion As the said petition bears The Lords of his majesties privie Councill haveing considered the above petition given in to them by the above William Conchran of Ferguslie They heirby Remitt the petitioner to a new election before the Commissioners of Supplie within the shyre of Rhenfrew And Appoynts the saids Commissioners to meet wpon the second Thursday of March nixt to come for that effect And all pairties concerned to be present and attend that day And the Commissioners to proceid and make election of a Collector of the Cess within the said shyre And Discharges the saids Commissioners to meitt untill the said day for the effect abovewriten

Att Edinburgh the tuentieth day of Febrwary Jai vijc and one

D1701/2/221

Procedure

Remitt to the Commissioners of Supplie of Rhenfrewshyre anent Ferguslie

Anent a petition given in to the Lords of his Majesties privie Councill by William Cochran of Ferguslie Humbly Shewing That where according to the appoyntment of the late act of parliament for the new supplie The Commissioners of the shyre of Rhenfrew mett at the Toun of Rhenfrew upon the eighteinth of this instant being the third Tuesady therof And these Commissioners being tuenty in all did choise the Earle of Glencairne to be their preses And then proceided to Choise their Collector And the votes running betwixt the petitioner and the sherrfif deput It so hapned that there were ten for the petitioner And nyn only for the Sherriff deput So that according to the instant will of Law the petitioner was Legally Choisen and ought to have been declared Notwithstanding wherof it pleased the said Earle of Glencairne preses and the votes not eqwall To pretend that he might give his vote and therby to alleadg that the matter was brought to ane just equall Besydes that he and others objected that the petitioner had unwarrantablie voted for himself wherby the meeting brakeing up The petitioner haveing obtained a declaration and the subscriptiones of the ten that voted for him And was necessitat to apply to their Lordships To whom the determination of such qwestions belonged To have his right to be Collector asserted and established And seing it was most certain that no preses in any court could pretend to a vote unless it be a casting vote in caise of eqwallity Because if otherwayes courts of ane even number could have no ishew And that it was most laufull for the petitioner to vote for himself As had been found in many causes And that for verefication of the premisses he had produced both the declaration of his voters and lykwayes ane authentick extract of the sederunt Therfore Craveing that it might have pleased their Lordships To have found the said Election Legall and orderly And to have declaired him Collector of the said shyre And to have prohibited and Discharged any new election to be made in the said shyre or any further meeting for that effect untill that the petitioner were Legally exauterat which could never bee except aither by death of Malversaion As the said petition bears The Lords of his majesties privie Councill haveing considered the above petition given in to them by the above William Conchran of Ferguslie They heirby Remitt the petitioner to a new election before the Commissioners of Supplie within the shyre of Rhenfrew And Appoynts the saids Commissioners to meet wpon the second Thursday of March nixt to come for that effect And all pairties concerned to be present and attend that day And the Commissioners to proceid and make election of a Collector of the Cess within the said shyre And Discharges the saids Commissioners to meitt untill the said day for the effect abovewriten

1. NRS, PC2/28, 35r-36r.

1. NRS, PC2/28, 35r-36r.

Sederunt, 20 February 1701, Edinburgh

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Att Edinburgh the tuentieth day of Febrwary Jai vijc and one1

D1701/2/212

Sederunt

Lord Chancelour; Earl of Lauderdale; Earl of Leven; Earl of Forfar; Lord Montgomerie; Lord Forbes; Lord Advocat; Lord Justice clerk; Lord Aberuchill; Lord Halcraig; Lord Rankeillor; Mr Frances Montgomrie; Laird of Grant; Laird of Stevenson

Att Edinburgh the tuentieth day of Febrwary Jai vijc and one1

D1701/2/212

Sederunt

Lord Chancelour; Earl of Lauderdale; Earl of Leven; Earl of Forfar; Lord Montgomerie; Lord Forbes; Lord Advocat; Lord Justice clerk; Lord Aberuchill; Lord Halcraig; Lord Rankeillor; Mr Frances Montgomrie; Laird of Grant; Laird of Stevenson

1. NRS, PC2/28, 35r.

2. NRS, PC2/28, 35r.

1. NRS, PC2/28, 35r.

2. NRS, PC2/28, 35r.