Tag Archives: 20 September 1703

Act, 20 September 1703, Edinburgh

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Edinburgh the 20th September 1703

D1703/9/121

Act

Act Infavours off The Macers of Sessione

Annent The petition given in and presented to His Grace Her Majesties High Commissioner And the Lords off Her Majesties privie Councill By the Four ordinary Macers Befoir the Lords off Councill and Sessione Shewing That wher the petitioners wer at considerable Expensses in furnishing themselves suitably To serve his Grace and parliament and have for along tyme undergone a great daill of pains and fatigue in the service therof And it being the Constant Custome to recommend the petitioners To the Lords Commissioners off Her Majesties Theasaury for ane allowance suitable to their Expensses and pains And Thairfor Creaving To the effect aftermentioned as the said petition bears His Grace her Majesties high Commissioner and the Lords off Her Majesties privie Councill Haveing Considered the above petition Given into them By the Four ordinary Macers befoir the Lords off Councill and Session and the samen Being read in ther presence His Grace and The saids Lords Doe heirby Recommend the petitioner to the Lords Commissioners off Her Majesties Theasaurie To grant to them such allowance as they think fit for ther Expensses In furnishing them selves suitably to serve His Grace Her Majesties High Commissioner and the Estates of Parliament.

Edinburgh the 20th September 1703

D1703/9/121

Act

Act Infavours off The Macers of Sessione

Annent The petition given in and presented to His Grace Her Majesties High Commissioner And the Lords off Her Majesties privie Councill By the Four ordinary Macers Befoir the Lords off Councill and Sessione Shewing That wher the petitioners wer at considerable Expensses in furnishing themselves suitably To serve his Grace and parliament and have for along tyme undergone a great daill of pains and fatigue in the service therof And it being the Constant Custome to recommend the petitioners To the Lords Commissioners off Her Majesties Theasaury for ane allowance suitable to their Expensses and pains And Thairfor Creaving To the effect aftermentioned as the said petition bears His Grace her Majesties high Commissioner and the Lords off Her Majesties privie Councill Haveing Considered the above petition Given into them By the Four ordinary Macers befoir the Lords off Councill and Session and the samen Being read in ther presence His Grace and The saids Lords Doe heirby Recommend the petitioner to the Lords Commissioners off Her Majesties Theasaurie To grant to them such allowance as they think fit for ther Expensses In furnishing them selves suitably to serve His Grace Her Majesties High Commissioner and the Estates of Parliament.

1. NRS, PC2/28, 266v-267r.

1. NRS, PC2/28, 266v-267r.

Act, 20 September 1703, Edinburgh

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Edinburgh the 20th September 1703

D1703/9/111

Act

Act Infavours off The Macers off privie Councill

Annent The petition given in and presented to His Grace Her Majesties High Commissioner And the Lords of Her Majesties privie Councill By The Macers of privie Councill Shewing That wher the petitioners wer at considerable Expensses in Furnishing themselves suitable to serve His Grace and parliament And have for a long tyme undergone a great daill of pains, trouble, and Fatigue in the service therof And throw the sitting of the said parliament, The privy Councill, Exchequer and the Commissione For plantatione off Kirks and valuatione off Teinds wer Interrupted From which Judicatories whom the petitioners serves as Macers Ther Casuall subsistance proceeds And it being the constant custome To Recommend the petitioners to the Lords Commissioners off Her Majesties Thesaurie For ane allowance suitable to their Expensses and paines in such caices And Thairfor Creaving to the effect aftermentioned As the said petition Bears His Grace Her Majesties high Commissioner And the Lords off Her Majesties privie Councill Haveing Considered the above petition Given into them By the Macers off privie Councill And the samen being read in their presence His Grace and the saids Lords Doe heirby Recommend To the Lords Commissioners off Her Majesties Theasaurie To grant to the petitioners such allowance as they think fit for ther Expensses In furnishing themselves suitably To serve His Grace Her Majesties high Commissioner and the Estates of parliament.

Edinburgh the 20th September 1703

D1703/9/111

Act

Act Infavours off The Macers off privie Councill

Annent The petition given in and presented to His Grace Her Majesties High Commissioner And the Lords of Her Majesties privie Councill By The Macers of privie Councill Shewing That wher the petitioners wer at considerable Expensses in Furnishing themselves suitable to serve His Grace and parliament And have for a long tyme undergone a great daill of pains, trouble, and Fatigue in the service therof And throw the sitting of the said parliament, The privy Councill, Exchequer and the Commissione For plantatione off Kirks and valuatione off Teinds wer Interrupted From which Judicatories whom the petitioners serves as Macers Ther Casuall subsistance proceeds And it being the constant custome To Recommend the petitioners to the Lords Commissioners off Her Majesties Thesaurie For ane allowance suitable to their Expensses and paines in such caices And Thairfor Creaving to the effect aftermentioned As the said petition Bears His Grace Her Majesties high Commissioner And the Lords off Her Majesties privie Councill Haveing Considered the above petition Given into them By the Macers off privie Councill And the samen being read in their presence His Grace and the saids Lords Doe heirby Recommend To the Lords Commissioners off Her Majesties Theasaurie To grant to the petitioners such allowance as they think fit for ther Expensses In furnishing themselves suitably To serve His Grace Her Majesties high Commissioner and the Estates of parliament.

1. NRS, PC2/28, 266v.

1. NRS, PC2/28, 266v.

Act, 20 September 1703, Edinburgh

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Edinburgh the 20th September 1703

D1703/9/101

Act

Act Infavours off Alexander McKinzie of Broomhall

Annent The petition given in and presented to His Grace Her Majesties High Commissioner And the Lords of Her Majesties privie Councill By Alexander McKinzie of Broomhill Shewing That their Lordships petitioner with concurse off Her Majesties Advocat haveing raised a Complaint befoir their Lordships Against John Sinclair off Ratter, William Sinclair his sone and others his accomplices for their violent Invading with armed men and force the Uppertoun and Lands of Stroma pertaining to the petitioner and takeing violent possession therof and beating wounding and thrusting out the petitioners tennents and factors out of the possession therof and doeing many Acts off violence therin Lybled And the petitioner Haveing led a probation off this possession of the saids Lands Which haveing been advysed by their Lordships and found clear and proven The said John Sinclair off Ratter nor any off his accomplices not Compeiring Their Lordships by their Decreit the Eight of Jully Jaj vijc and two Granted certefication againest the deffenders Defenders2 with Letters off Denunciation And ordained the Sheriff off Caithness To put the petitioner and his factors and Tennents into the paceable possessione off the saids Lands and to maintain them them3 therin and accordingly they wer Repossessed and Ratter and his men and accomplices wer Denunced Rebells As the Letters off Denuncation with the Executiones therof duly registrat herewith produced will testify. But the said John Sinclair of Ratter Being resolved upon mischeiff and a Lawless man whom noe Law or Government can bind He is returned to and Renewed his former Acts of violence and continually oppresses molests and Disturbs the petitioner and his Tennents and Factors in the possession off the saids Lands And takeing noe Regaird off their Lordships Decreit He and his former accomplices who are allready Denounced Rebells and others afternamed off new joyned with them Have by violence repossessed them selves and Dispossessed the petitioner and his Tennents and Factors out off the possession off the saids Lands and principall dwelling house therof and Committed many new acts of violence and oppression In soe farr as John Sinclair of Ratter, William Sinclair his son, John Dundass, George Geddes, John Smith, John Rossie, and William Shearer His Tennents and accomplices came upon the Thrid day off May last by past To the Island of Stroma wher the said Uppertoun off Stroma lyes and in the morning of that day they pulled up all the Haill plants that wer in one off the Tennents yairds in the said Uppertoun and threw the plants over the yaird Dyke and in the afternoon the said William Sinclair with the other accomplices forsaid Did come and take away the tennents by force that wer dighting ther Come and Ratter caused his said son William beat Swan Waes one off the said Tennents and also caused them delve Andrew Sinclairs yaird (out of which he hade taken the plants) and the same day Did sew it with bear and in the nixt day he caused the Tennents teill some pairt of the Land that had been formerly sewen and Did sew it ever againe and also the same day he forced the Tennents to tell some other pairt off the Land and sow it with bear Ittem upon upon4 the sexteen day of May last at night The said Lawless man with his Eldest sone John Sinclair, John Brock, George Geddes, William Shearer and William Cowie Came that night and distroyed Swan Waes his plants and killed his doulls and that same night they came to the Neithertoun off Stroma and took Patrick Anderson Anderson5 by force out off this Rigg wherof he was delving his Land and caused him climb the rocks for the Eggs of such sea foulls as frequent there And upon the seventeenth day of the said moneth off May in the morning They came to William Linklaer one of the petitioners Tennents and did violently take away his pot and the same day about Ten aclock they forced the tennents to cast peats to them in the Moss And upon the Eighteen day off the said moneth off May The said Ratters Lady with her said son John and John Dundass Came into the Isle And upon the Nyneteen day the said Ratters sones William and John Sinclairs, William Brock, James Brock, James Shearer, James McBeath, and John Manson Came to the neither toun of Stroma, and did violently take away Two Cows, and a horse out off a yaird wherin they wer put and keeped for security after they wer poinded for Debt from […] Ross one off the Tennents and Syklyke upon the […] day of August last By past The said Lawless man with his Two sones and other associats forsaid Did againe violently invaide the said Island of Stroma and possest himself of the principall dwelling house off the Uppertoun therof And violently take the Tithes of the Cornes off the said upper Toun according as the Tennents did shear the same Day by day And yet still continues To take away the Teind daily off the said Cornes as the Tennents doe shear the same and many other Acts off violence and oppression which are to many to be rehearsed and Continues his possession to this day And when the petitioner and his factors Did make application to the Sherriff off Caithness for redress according to their Lordships orders to him To put and keep us in the paceable possession off the saids Lands yet he refuised to doe the same without further assistance And Therfor the petitioner is necessitat to make application to their Lordships Representing the premisses And that it is impossible for any man To Enjoy his owen property if such Acts of violence and oppression be not restrained and punished as they deserve And Thairfore Creaving His Grace and Lordships In consideration off the said Laufull violence and Contempt of their Lordships authoritie To Recommend to the Commander in Cheiff To give order to the Commander off the Forces nixt adjacent To Fortifie the said sherriffs and the petitioner in dispossessing the Forsaid Ratter and his accomplices out off the saids Lands and houses wher he and his accomplices themselves and reponing the petitioner to his right and possession of boeth As also to fortefie the Execution off any Dilligence compitent to the petitioner upon their Lordships former6 Decreit and that ay and whyll the said Ratter may be not only compelled To desist from all his violences But to repair all the Damnages That the petitioner or his Tennents and servants have Sustained As the said petition bears His Grace Her Majesties high Commissioner And the Lords of Her Majesties privie Councill Haveing considered the above petition Given into them By Sir Alexander McKenzie of Broomhall And the samen being read in their presence His Grace and the saids Lords Doe Heirby Recommend to and appoint and ordaine The Sherriff principall off the sherriffdome off Caithness and his Deputs To Dispossess and Eject, John Sinclair off Ratter and William Sinclair his sone and others his accomplices furth and from the upper Toun and Lands of Stroma and principall dwellings therof pertaining to the petitioner And appoints and ordaines The said sherriff and his Deputs to put the petitioner in possession theroff and to maintain and deffend him therin And if need beis to Call for the posse Comitatus of the Shyre for his assistance from tyme to tyme in the Executione heirof And to see the Dilligence at the petitioners instance against them put to due Executione.

Edinburgh the 20th September 1703

D1703/9/101

Act

Act Infavours off Alexander McKinzie of Broomhall

Annent The petition given in and presented to His Grace Her Majesties High Commissioner And the Lords of Her Majesties privie Councill By Alexander McKinzie of Broomhill Shewing That their Lordships petitioner with concurse off Her Majesties Advocat haveing raised a Complaint befoir their Lordships Against John Sinclair off Ratter, William Sinclair his sone and others his accomplices for their violent Invading with armed men and force the Uppertoun and Lands of Stroma pertaining to the petitioner and takeing violent possession therof and beating wounding and thrusting out the petitioners tennents and factors out of the possession therof and doeing many Acts off violence therin Lybled And the petitioner Haveing led a probation off this possession of the saids Lands Which haveing been advysed by their Lordships and found clear and proven The said John Sinclair off Ratter nor any off his accomplices not Compeiring Their Lordships by their Decreit the Eight of Jully Jaj vijc and two Granted certefication againest the deffenders Defenders2 with Letters off Denunciation And ordained the Sheriff off Caithness To put the petitioner and his factors and Tennents into the paceable possessione off the saids Lands and to maintain them them3 therin and accordingly they wer Repossessed and Ratter and his men and accomplices wer Denunced Rebells As the Letters off Denuncation with the Executiones therof duly registrat herewith produced will testify. But the said John Sinclair of Ratter Being resolved upon mischeiff and a Lawless man whom noe Law or Government can bind He is returned to and Renewed his former Acts of violence and continually oppresses molests and Disturbs the petitioner and his Tennents and Factors in the possession off the saids Lands And takeing noe Regaird off their Lordships Decreit He and his former accomplices who are allready Denounced Rebells and others afternamed off new joyned with them Have by violence repossessed them selves and Dispossessed the petitioner and his Tennents and Factors out off the possession off the saids Lands and principall dwelling house therof and Committed many new acts of violence and oppression In soe farr as John Sinclair of Ratter, William Sinclair his son, John Dundass, George Geddes, John Smith, John Rossie, and William Shearer His Tennents and accomplices came upon the Thrid day off May last by past To the Island of Stroma wher the said Uppertoun off Stroma lyes and in the morning of that day they pulled up all the Haill plants that wer in one off the Tennents yairds in the said Uppertoun and threw the plants over the yaird Dyke and in the afternoon the said William Sinclair with the other accomplices forsaid Did come and take away the tennents by force that wer dighting ther Come and Ratter caused his said son William beat Swan Waes one off the said Tennents and also caused them delve Andrew Sinclairs yaird (out of which he hade taken the plants) and the same day Did sew it with bear and in the nixt day he caused the Tennents teill some pairt of the Land that had been formerly sewen and Did sew it ever againe and also the same day he forced the Tennents to tell some other pairt off the Land and sow it with bear Ittem upon upon4 the sexteen day of May last at night The said Lawless man with his Eldest sone John Sinclair, John Brock, George Geddes, William Shearer and William Cowie Came that night and distroyed Swan Waes his plants and killed his doulls and that same night they came to the Neithertoun off Stroma and took Patrick Anderson Anderson5 by force out off this Rigg wherof he was delving his Land and caused him climb the rocks for the Eggs of such sea foulls as frequent there And upon the seventeenth day of the said moneth off May in the morning They came to William Linklaer one of the petitioners Tennents and did violently take away his pot and the same day about Ten aclock they forced the tennents to cast peats to them in the Moss And upon the Eighteen day off the said moneth off May The said Ratters Lady with her said son John and John Dundass Came into the Isle And upon the Nyneteen day the said Ratters sones William and John Sinclairs, William Brock, James Brock, James Shearer, James McBeath, and John Manson Came to the neither toun of Stroma, and did violently take away Two Cows, and a horse out off a yaird wherin they wer put and keeped for security after they wer poinded for Debt from […] Ross one off the Tennents and Syklyke upon the […] day of August last By past The said Lawless man with his Two sones and other associats forsaid Did againe violently invaide the said Island of Stroma and possest himself of the principall dwelling house off the Uppertoun therof And violently take the Tithes of the Cornes off the said upper Toun according as the Tennents did shear the same Day by day And yet still continues To take away the Teind daily off the said Cornes as the Tennents doe shear the same and many other Acts off violence and oppression which are to many to be rehearsed and Continues his possession to this day And when the petitioner and his factors Did make application to the Sherriff off Caithness for redress according to their Lordships orders to him To put and keep us in the paceable possession off the saids Lands yet he refuised to doe the same without further assistance And Therfor the petitioner is necessitat to make application to their Lordships Representing the premisses And that it is impossible for any man To Enjoy his owen property if such Acts of violence and oppression be not restrained and punished as they deserve And Thairfore Creaving His Grace and Lordships In consideration off the said Laufull violence and Contempt of their Lordships authoritie To Recommend to the Commander in Cheiff To give order to the Commander off the Forces nixt adjacent To Fortifie the said sherriffs and the petitioner in dispossessing the Forsaid Ratter and his accomplices out off the saids Lands and houses wher he and his accomplices themselves and reponing the petitioner to his right and possession of boeth As also to fortefie the Execution off any Dilligence compitent to the petitioner upon their Lordships former6 Decreit and that ay and whyll the said Ratter may be not only compelled To desist from all his violences But to repair all the Damnages That the petitioner or his Tennents and servants have Sustained As the said petition bears His Grace Her Majesties high Commissioner And the Lords of Her Majesties privie Councill Haveing considered the above petition Given into them By Sir Alexander McKenzie of Broomhall And the samen being read in their presence His Grace and the saids Lords Doe Heirby Recommend to and appoint and ordaine The Sherriff principall off the sherriffdome off Caithness and his Deputs To Dispossess and Eject, John Sinclair off Ratter and William Sinclair his sone and others his accomplices furth and from the upper Toun and Lands of Stroma and principall dwellings therof pertaining to the petitioner And appoints and ordaines The said sherriff and his Deputs to put the petitioner in possession theroff and to maintain and deffend him therin And if need beis to Call for the posse Comitatus of the Shyre for his assistance from tyme to tyme in the Executione heirof And to see the Dilligence at the petitioners instance against them put to due Executione.

1. NRS, PC2/28, 264v-266r.

2. Sic.

3. Sic.

4. Sic.

5. Sic.

6. The word ‘former’ is an insertion.

1. NRS, PC2/28, 264v-266r.

2. Sic.

3. Sic.

4. Sic.

5. Sic.

6. The word ‘former’ is an insertion.

Act, 20 September 1703, Edinburgh

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Edinburgh the 20th September 1703

D1703/9/91

Act

Act Infavours off Mr James Carnagie of Phinhaven

Annent The petition given in and presented to His Grace Her Majesties High Commissioner And the Lords of Her Majesties privie Councill By Mr James Carnagie of Finhaven Shewing That in the year 1697 Being pursued By Blair off Bethaick a Kinsman upon the mother side To the Laird of Kinfauns for the petitioners countenancing the marriage off the said Laird off Kinfauns (Who a little befoir that time hade been the petitioners puiple) with his owen Daughter The petitioner was imprisoned and fyned in ane Hundereth and Fyftie pound sterling off Expensses To be payed to the Laird off Bethaick now a good tyme Deceased. But the petitioner would not submitt to the sentance He suspended and consigned the soume and therupon was liberat And tho Bethaick lived many years therafter Yet he never called for the Suspension nor made the least insinuation off his designe to lift the money And seeing that fine is neither transacted nor payed by the petitioner But consigned as a Cautioner in the Suspension And that by Her Majesties late gracious indemnity all such fynes not payed or Transacted are Dischairged And that the cause off his fyne was naturall and ordinary and the marriage every way suteable And Thairfore Creaving His Grace and Lordships To ordaine Sir Gilbert Eliot Clerk of Councill To Delyver up to me the forsaid one hundereth and Fyfty pound sterling consigned by the petitioner in manner forsaid As the said petition bears Which petition Being upon the Tenth of Septembre Last Read in their presence His Grace and the saids Lords Heirby appointed the samen To be seen and answered By Bathaick and others concerned nixt Councill Day Which petition Being upon the day and date of thir presents Called His Grace Her Majesties high Commissioner And the Lords of Her Majesties privie Councill Haveing considered the above petition Given into them By Mr James Carnegie of Phinhaven And the samen with ane Instrument off Intimation theroff Made to Mr David Coupar wrytter in Edinburgh As agent for the Laird off Bethaick at least as he who took out a double off the above petition from the Clerks of privy Councill for the behoofe of the present Laird of Bethaick heir to the Deceast Laird off Bethaick or other pairtes concerned Being read in their presence His Grace and the saids Lords Doe heirby appoint and ordain Sir Gilbert Eliot Clerk off Councill To Delyver up to the petitioner the forsaid soume off One Hundered and Fyfty pound sterling Consigned by the petitioner in manner forsaid upon payment off the releiff money and the petitioners Dischairge therof To the said Sir Gilbert Eliot which is heirby Declaired to be ane sufficient Exonouration to him albeit the suspension bearing the consignation be not discust.

Edinburgh the 20th September 1703

D1703/9/91

Act

Act Infavours off Mr James Carnagie of Phinhaven

Annent The petition given in and presented to His Grace Her Majesties High Commissioner And the Lords of Her Majesties privie Councill By Mr James Carnagie of Finhaven Shewing That in the year 1697 Being pursued By Blair off Bethaick a Kinsman upon the mother side To the Laird of Kinfauns for the petitioners countenancing the marriage off the said Laird off Kinfauns (Who a little befoir that time hade been the petitioners puiple) with his owen Daughter The petitioner was imprisoned and fyned in ane Hundereth and Fyftie pound sterling off Expensses To be payed to the Laird off Bethaick now a good tyme Deceased. But the petitioner would not submitt to the sentance He suspended and consigned the soume and therupon was liberat And tho Bethaick lived many years therafter Yet he never called for the Suspension nor made the least insinuation off his designe to lift the money And seeing that fine is neither transacted nor payed by the petitioner But consigned as a Cautioner in the Suspension And that by Her Majesties late gracious indemnity all such fynes not payed or Transacted are Dischairged And that the cause off his fyne was naturall and ordinary and the marriage every way suteable And Thairfore Creaving His Grace and Lordships To ordaine Sir Gilbert Eliot Clerk of Councill To Delyver up to me the forsaid one hundereth and Fyfty pound sterling consigned by the petitioner in manner forsaid As the said petition bears Which petition Being upon the Tenth of Septembre Last Read in their presence His Grace and the saids Lords Heirby appointed the samen To be seen and answered By Bathaick and others concerned nixt Councill Day Which petition Being upon the day and date of thir presents Called His Grace Her Majesties high Commissioner And the Lords of Her Majesties privie Councill Haveing considered the above petition Given into them By Mr James Carnegie of Phinhaven And the samen with ane Instrument off Intimation theroff Made to Mr David Coupar wrytter in Edinburgh As agent for the Laird off Bethaick at least as he who took out a double off the above petition from the Clerks of privy Councill for the behoofe of the present Laird of Bethaick heir to the Deceast Laird off Bethaick or other pairtes concerned Being read in their presence His Grace and the saids Lords Doe heirby appoint and ordain Sir Gilbert Eliot Clerk off Councill To Delyver up to the petitioner the forsaid soume off One Hundered and Fyfty pound sterling Consigned by the petitioner in manner forsaid upon payment off the releiff money and the petitioners Dischairge therof To the said Sir Gilbert Eliot which is heirby Declaired to be ane sufficient Exonouration to him albeit the suspension bearing the consignation be not discust.

1. NRS, PC2/28, 264r-264v.

1. NRS, PC2/28, 264r-264v.

Act, 20 September 1703, Edinburgh

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Edinburgh the 20th September 1703

D1703/9/81

Act

Act Infavours off William Baird of Auchmedden

Annent The petition given in and presented To His Grace Her Majesties High Commissioner And the Lords of Her Majesties privie Councill By William Baird of Auchmedden Shewing That wher the Bay off Auchmedden Is one of the largest and most convenient Bay’s upon the north Coast Wher Ships Doe frequently cast their Annkers and ride with saifty And ther is lykewayes withine the same a most convenient harbour upon the petitioners Ground Called the harbour of Pennan Wher the ships and Barks that Trade That way Doe and may open their being surprized by storme or other wayes Have shelter from any stress or danger Ther is lyke wayes ane Minestone quarrie belonging to the petitioner Just beside from which the greatest pairt of the milnes in the Kingdome are served by sea And the said Harbour may be off Excellent use to the whole Kingdome and particularly the northern pairts therof ther being noe harbour near to it The petitioner Hes already Imployed as much as is Convenient for him as a privat man to doe for forwarding this publict good work and cannot possibly bring it to its desired period as their Lordships might easily conceave unless he meet with suteable encuragment therin And seeing His Grace and Lordships have upon all occasiones been ready to help vertuous undertakers Especially when advances are made by privat pairtes themselves and wher the work is of Generall concerne And Thairfor Creaving to the effect aftermentioned as the said petition bears His Grace Her Majesties high Commissioner and the Lords of Her Majesties privie Councill Haveing Considered the within petition given into them By William Baird of Auchmedden And the samen Being read in their presence His Grace and the saids Lords Doe heirby Grant to the petitioner ane volentar Contribution to be Collected within all the paroch Churches off this Kingdome upon such dayes as the petitioner shall appoint after Intimation at the paroch Churches The Sabbath day befoir collecting therof either at the Church doors of the respective paroches or in such other manner off way as shall be concerted and aggreed up by the petitioner And that for building ane Harbour at Pennan And ordaines the said Collection To be payed into John Corser wryter in Edinburgh He allwayes befor Extracting heirof Giveing Bond and finding Sufficient Cautione acted in the books off privie Councell That the Contribution so to be Collected shall be applyed for the end forsaid And that at the sight and by the Direction allwayes off the petitioner The sherriff principall of the sherriffdome off Aberdein or his Deputs.

Edinburgh the 20th September 1703

D1703/9/81

Act

Act Infavours off William Baird of Auchmedden

Annent The petition given in and presented To His Grace Her Majesties High Commissioner And the Lords of Her Majesties privie Councill By William Baird of Auchmedden Shewing That wher the Bay off Auchmedden Is one of the largest and most convenient Bay’s upon the north Coast Wher Ships Doe frequently cast their Annkers and ride with saifty And ther is lykewayes withine the same a most convenient harbour upon the petitioners Ground Called the harbour of Pennan Wher the ships and Barks that Trade That way Doe and may open their being surprized by storme or other wayes Have shelter from any stress or danger Ther is lyke wayes ane Minestone quarrie belonging to the petitioner Just beside from which the greatest pairt of the milnes in the Kingdome are served by sea And the said Harbour may be off Excellent use to the whole Kingdome and particularly the northern pairts therof ther being noe harbour near to it The petitioner Hes already Imployed as much as is Convenient for him as a privat man to doe for forwarding this publict good work and cannot possibly bring it to its desired period as their Lordships might easily conceave unless he meet with suteable encuragment therin And seeing His Grace and Lordships have upon all occasiones been ready to help vertuous undertakers Especially when advances are made by privat pairtes themselves and wher the work is of Generall concerne And Thairfor Creaving to the effect aftermentioned as the said petition bears His Grace Her Majesties high Commissioner and the Lords of Her Majesties privie Councill Haveing Considered the within petition given into them By William Baird of Auchmedden And the samen Being read in their presence His Grace and the saids Lords Doe heirby Grant to the petitioner ane volentar Contribution to be Collected within all the paroch Churches off this Kingdome upon such dayes as the petitioner shall appoint after Intimation at the paroch Churches The Sabbath day befoir collecting therof either at the Church doors of the respective paroches or in such other manner off way as shall be concerted and aggreed up by the petitioner And that for building ane Harbour at Pennan And ordaines the said Collection To be payed into John Corser wryter in Edinburgh He allwayes befor Extracting heirof Giveing Bond and finding Sufficient Cautione acted in the books off privie Councell That the Contribution so to be Collected shall be applyed for the end forsaid And that at the sight and by the Direction allwayes off the petitioner The sherriff principall of the sherriffdome off Aberdein or his Deputs.

1. NRS, PC2/28, 263r-264r.

1. NRS, PC2/28, 263r-264r.

Act, 20 September 1703, Edinburgh

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Edinburgh the 20th September 1703

D1703/9/71

Act

Act Infavours off Kenneth McKinzie of Cromarty

Annent The petition given in and presented to His Grace Her Majesties High Commissioner And the Lords of her Majesties privy Councill By Mr Kenneth McKenzie off Cromarty Shewing That wher as It is nottarly knowen That Comerty is the place wher most of the tradeing ships of this nation resort to for schelter in tyme off stress And that a great quantity of the victuall that comes to the south is their loadned The want off a Convenient harbour for loadning and Shelter To a great loss and Damnadge to the Leidges And Thairfor Creaving That His Grace and Lordships will allow a voluntar and publict contribution to be made And recommend to the Lords of Theasaurie To give some vaccand steepends For building ane Harbour in the Forsaid place for the end above represented as the said petition bears2 His Grace Her Majesties High Commissioner and the Lords of Her Majesties privie Councill Haveing considered the above petition Giveing into them By Master Kenneth McKinzie off Cromarty And the samen Being read in their presence His Grace and the saids Lords Doe heirby grant to the petitioners ane voluntary Contribution to be collected within all the paroch Churches off this Kingdome upon such dayes as the petitioners shall appoint after Intimation at the paroch churches the sabbath day befor collecting therof either at the Church doors off the respective paroches or in such other manner as shall be concerted and aggreed upon by the petitioner and that for building ane Harbour at Cromarty And ordaines the said Collection to be payed into Alexander Davidson nottar in Cromarty He allwayes befoir extracting heirof Giveing Bond and finding Sufficient Caution acted in the Books of privie Councill That the Contribution sua to be collected shall be applyed to the end forsaid and that at the sight and by direction allwayes off the petitioner.

Edinburgh the 20th September 1703

D1703/9/71

Act

Act Infavours off Kenneth McKinzie of Cromarty

Annent The petition given in and presented to His Grace Her Majesties High Commissioner And the Lords of her Majesties privy Councill By Mr Kenneth McKenzie off Cromarty Shewing That wher as It is nottarly knowen That Comerty is the place wher most of the tradeing ships of this nation resort to for schelter in tyme off stress And that a great quantity of the victuall that comes to the south is their loadned The want off a Convenient harbour for loadning and Shelter To a great loss and Damnadge to the Leidges And Thairfor Creaving That His Grace and Lordships will allow a voluntar and publict contribution to be made And recommend to the Lords of Theasaurie To give some vaccand steepends For building ane Harbour in the Forsaid place for the end above represented as the said petition bears2 His Grace Her Majesties High Commissioner and the Lords of Her Majesties privie Councill Haveing considered the above petition Giveing into them By Master Kenneth McKinzie off Cromarty And the samen Being read in their presence His Grace and the saids Lords Doe heirby grant to the petitioners ane voluntary Contribution to be collected within all the paroch Churches off this Kingdome upon such dayes as the petitioners shall appoint after Intimation at the paroch churches the sabbath day befor collecting therof either at the Church doors off the respective paroches or in such other manner as shall be concerted and aggreed upon by the petitioner and that for building ane Harbour at Cromarty And ordaines the said Collection to be payed into Alexander Davidson nottar in Cromarty He allwayes befoir extracting heirof Giveing Bond and finding Sufficient Caution acted in the Books of privie Councill That the Contribution sua to be collected shall be applyed to the end forsaid and that at the sight and by direction allwayes off the petitioner.

1. NRS, PC2/28, 262v-263r.

2. The phrase ‘as the said petition bears’ is an insertion.

1. NRS, PC2/28, 262v-263r.

2. The phrase ‘as the said petition bears’ is an insertion.

Act, 20 September 1703, Edinburgh

Posted on by

Edinburgh the 20th September 1703

D1703/9/61

Act

Act Infavours of James Earle of Galloway and others

Annent The petition given in and presented to His Grace Her Majesties High Commissioner And the Lords of her Majesties privie Councill By James Earle of Galloway William Viscount of Kenmure and John Viscount of Stair for themselves and in name and behalfe of the whole other Remanent Inhabitants withine the Sherriffdome of Galloway and Steuartry of Kircudbright Shewing That wher the watter of Dee in the said Steuartry Being ane great and Impetous River scarce passable even in the Drought of Summer and not without the greatest of hazerd The same not being Foordable But in one place Called the Blackfoord of Dee which is at leist Tuelf Miles Distant from any other passage or Lodging when stopt in their way wherby Travellers are oft put to the greatest danger and Extreamity And this being the most frequented and near Road for all Travellers from Ireland To England and from Galloway, To Edinburgh, Drumfries and all other southern places in this Kingdome and more Especially for the Droves of Cattell which sustain great loss and damnadge in such a dangerous passage And that ther being no other method that can be taken To remove such a parilous Inconveniencie Then by building ane Brige over the said River Which will prove soe Expensive as that (2without the bountyfull assisstance of those who may charitably regaird such ane universall good work The same can never be attempted And Thairfor Creaving his Grace and Honourable privie Councill To grant warrand and allowance for ane volentar Contributione through out this Kingdome for building ane bridge over the said River Being the only mean to secure Commerce and the saifty off poor Travellers as the said petition bears3 His Grace Her Majesties high Commissioner and the Lords of Her Majesties privie Councill Haveing considered the above petition given into them by James Earle of Galloway, William Viscount of Kenmuir and John Viscount of Stair for themselves and in name and behalfe of the whole remanent Inhabitants off the Sherriffdome off Galloway and steuarty of Kirkcudbright And the samen being read in their presence His Grace and the saids Lords Doe heirby grant to the petitioners ane volentar Contribution To be collected within all the paroch Churches upon this syde of the watter of Forth upon such dayes as the petitioners shall appoint after Intimation at the paroch Churches the sabbath day befoir collecting therof either at the Church doors of the respective paroches or in such other manner as shall be conserted and aggreed upon by the petitioners And that for building ane Bridge over the River of Dee near that place called the Blackfoord And ordaines the said Collection to be payed to Mr Andrew Ewart Minister at Kells He allwayes extracting heirof Giveing Bond and find Sufficient Caution acted in the Books of privie Councill That the Contribution soe to be Collected shall be applyed to the end forsaid and that at the sight and by Direction of the petitioners.

Edinburgh the 20th September 1703

D1703/9/61

Act

Act Infavours of James Earle of Galloway and others

Annent The petition given in and presented to His Grace Her Majesties High Commissioner And the Lords of her Majesties privie Councill By James Earle of Galloway William Viscount of Kenmure and John Viscount of Stair for themselves and in name and behalfe of the whole other Remanent Inhabitants withine the Sherriffdome of Galloway and Steuartry of Kircudbright Shewing That wher the watter of Dee in the said Steuartry Being ane great and Impetous River scarce passable even in the Drought of Summer and not without the greatest of hazerd The same not being Foordable But in one place Called the Blackfoord of Dee which is at leist Tuelf Miles Distant from any other passage or Lodging when stopt in their way wherby Travellers are oft put to the greatest danger and Extreamity And this being the most frequented and near Road for all Travellers from Ireland To England and from Galloway, To Edinburgh, Drumfries and all other southern places in this Kingdome and more Especially for the Droves of Cattell which sustain great loss and damnadge in such a dangerous passage And that ther being no other method that can be taken To remove such a parilous Inconveniencie Then by building ane Brige over the said River Which will prove soe Expensive as that (2without the bountyfull assisstance of those who may charitably regaird such ane universall good work The same can never be attempted And Thairfor Creaving his Grace and Honourable privie Councill To grant warrand and allowance for ane volentar Contributione through out this Kingdome for building ane bridge over the said River Being the only mean to secure Commerce and the saifty off poor Travellers as the said petition bears3 His Grace Her Majesties high Commissioner and the Lords of Her Majesties privie Councill Haveing considered the above petition given into them by James Earle of Galloway, William Viscount of Kenmuir and John Viscount of Stair for themselves and in name and behalfe of the whole remanent Inhabitants off the Sherriffdome off Galloway and steuarty of Kirkcudbright And the samen being read in their presence His Grace and the saids Lords Doe heirby grant to the petitioners ane volentar Contribution To be collected within all the paroch Churches upon this syde of the watter of Forth upon such dayes as the petitioners shall appoint after Intimation at the paroch Churches the sabbath day befoir collecting therof either at the Church doors of the respective paroches or in such other manner as shall be conserted and aggreed upon by the petitioners And that for building ane Bridge over the River of Dee near that place called the Blackfoord And ordaines the said Collection to be payed to Mr Andrew Ewart Minister at Kells He allwayes extracting heirof Giveing Bond and find Sufficient Caution acted in the Books of privie Councill That the Contribution soe to be Collected shall be applyed to the end forsaid and that at the sight and by Direction of the petitioners.

1. NRS, PC2/28, 262r-262v.

2. Closing bracket apparently omitted.

3. The phrase ‘as the said petition bears’ is an insertion.

1. NRS, PC2/28, 262r-262v.

2. Closing bracket apparently omitted.

3. The phrase ‘as the said petition bears’ is an insertion.

Sederunt, 20 September 1703, Edinburgh

Posted on by

Edinburgh the 20th September 17031

D1703/9/52

Sederunt

Her Majesties Commissioner; Lord Chancellour; Marquis of Annandale P:C:; Marquis of Atholl P:S:; Earl of Cromartie S:; Earl of Erroll; Earl of Marr; Earl of Mortoun; Earl of Galloway; Earl of Loudoun; Earl of Findlatter; Earl of Leven; Earl of Northesk; Earl of Forfar; Earl of Kintore; Viscount Rosberry; Lord Boyll T:D:; Lord President of Session; Lord Register; Lord Advocat; Lord Phesdo; Lord Tillicultrie; Livet General Ramsay; Mr Fran: Montgomrie; Laird of Collingtoun; Sherriff of Bute; Laird of Kilbirnie; Lord Provest of Edinburgh

Edinburgh the 20th September 17031

D1703/9/52

Sederunt

Her Majesties Commissioner; Lord Chancellour; Marquis of Annandale P:C:; Marquis of Atholl P:S:; Earl of Cromartie S:; Earl of Erroll; Earl of Marr; Earl of Mortoun; Earl of Galloway; Earl of Loudoun; Earl of Findlatter; Earl of Leven; Earl of Northesk; Earl of Forfar; Earl of Kintore; Viscount Rosberry; Lord Boyll T:D:; Lord President of Session; Lord Register; Lord Advocat; Lord Phesdo; Lord Tillicultrie; Livet General Ramsay; Mr Fran: Montgomrie; Laird of Collingtoun; Sherriff of Bute; Laird of Kilbirnie; Lord Provest of Edinburgh

1. NRS, PC2/28, 262r.

2. NRS, PC2/28, 262r.

1. NRS, PC2/28, 262r.

2. NRS, PC2/28, 262r.

Procedure, 20 September 1703, Edinburgh

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Att Edinburgh the Twenty day of September Jaj vijc and thrie years

A1703/9/141

Procedure

Commission In Favours of David Grahame to be one of the Macers of privy Councill

Commission under her2 Majesties privy Seall of this kingdome In Favors of David Grahame brother german to the Laird of Balgowan to be one of the Macers before the Lords of privy Councill Exchequer and Commissioners and a Serjant at armes being read the samen was ordered to be Recorded; and the said David Grahame being called in Did qualifie himself to her Majestie by Swearing the oath of alledgance and Subscryveing the Same with the assurance And the Lord Chancelor did tender to him the Oath de fideli.
Followes the tennor of the Said Commission.
Anne By the Grace of God Queen of Great Brittain France and Ireland defender of the faith Forasmuchas Wee Considering that the place and office of one of the ordinary macers before the Lords of our privy Councill Exchequer and Commissioner Is vacant in our hands and at our Royall gift and disposition throw the dimission of John Hoge Senior possessor of late therof And being informed of the Loyaltie and Sufficiency of David Grahame brother german to Thomas Grahame of Balgowan for exerceing the said office Therfore Witt yee us to have Nominated Constituted and appointed, And by thir presents (3with advice and consent of our Right trusty and intirely beloved Cousins and Councillors James Duke of Queensberry Lord high Commissioner for our ancient kingdom of Scotland James Earle of Seafeild Lord high Chancelor of our said Kingdome, Archibald Duke of Argyle, William Marques of Annandale; Alexander Earle of Eglingtoune, Hew Earle of Loudoun, David Lord Boyle Lord thesaurer depute and of our trustie and well beloved Councillor Mr Francis Montgomry of Giffan Lords Commissioners of our thesaury Comptrollery thesaury of our new Augmentation, within our said Kingdome, and of the rest of the Lords Commissioners of our Exchequer of our said Kingdome4 Nominat Constitute and Appoint the said David Grahame dureing all the dayes of his lifetime to be one of the macers before the saids Lords of her Majesties privy Councill Exchequer and Commissioners and a Serjant at armes in place of the said John Hoge Senior Giveing Granting and Disponing to him the said place and office with all fies profitts duties Casualties priviledges immunities whatsomever therto belonging And Specially with the fie and Sallary of Fiftie pounds Starling money yearly as to the fie and Sallary of one of the saids Macers to be payed to him at two termes in the year Whitsunday and Martinmas by equall portiones Begining the first termes payment therof at the terme of Martinmass nixt to come and so furth to continue yearly and termly therafter dureing the space forsaid Commanding hereby the saids Lords Commissioners of our thesaury present or for the time being and all Collectors and receivers of our rents revenues customes and Casualties whatsomever of our said kingdome to make payment of the Samen accordingly And Also Commanding the saids Lords of our privy Councill Exchequer and Commissiones to Admitt and receive the said David Grame to the exercise of the said office and to Authorize him with their testimoniall of admission therto And to administer to him the oath of alledgance and de fideli administratione in such caices accustomed Given under our privy Seall at our Court at Windsor Castle the thrid day of July 1703. And of our Reigne the Second year. Per Signaturam Manu S:D:N: Reginae Supra Scripitur Manibusque Commissionarcorum Thesaurarii et Seaccarii Subscripitur. Written to the privy Seall and Registrat the fiftein of September 1703. Sic Subscribitur William Alves deput Sealed at Edinburgh the 15th September 1703 Sic Subscribitur Pattrick: Scott:

Att Edinburgh the Twenty day of September Jaj vijc and thrie years

A1703/9/141

Procedure

Commission In Favours of David Grahame to be one of the Macers of privy Councill

Commission under her2 Majesties privy Seall of this kingdome In Favors of David Grahame brother german to the Laird of Balgowan to be one of the Macers before the Lords of privy Councill Exchequer and Commissioners and a Serjant at armes being read the samen was ordered to be Recorded; and the said David Grahame being called in Did qualifie himself to her Majestie by Swearing the oath of alledgance and Subscryveing the Same with the assurance And the Lord Chancelor did tender to him the Oath de fideli.
Followes the tennor of the Said Commission.
Anne By the Grace of God Queen of Great Brittain France and Ireland defender of the faith Forasmuchas Wee Considering that the place and office of one of the ordinary macers before the Lords of our privy Councill Exchequer and Commissioner Is vacant in our hands and at our Royall gift and disposition throw the dimission of John Hoge Senior possessor of late therof And being informed of the Loyaltie and Sufficiency of David Grahame brother german to Thomas Grahame of Balgowan for exerceing the said office Therfore Witt yee us to have Nominated Constituted and appointed, And by thir presents (3with advice and consent of our Right trusty and intirely beloved Cousins and Councillors James Duke of Queensberry Lord high Commissioner for our ancient kingdom of Scotland James Earle of Seafeild Lord high Chancelor of our said Kingdome, Archibald Duke of Argyle, William Marques of Annandale; Alexander Earle of Eglingtoune, Hew Earle of Loudoun, David Lord Boyle Lord thesaurer depute and of our trustie and well beloved Councillor Mr Francis Montgomry of Giffan Lords Commissioners of our thesaury Comptrollery thesaury of our new Augmentation, within our said Kingdome, and of the rest of the Lords Commissioners of our Exchequer of our said Kingdome4 Nominat Constitute and Appoint the said David Grahame dureing all the dayes of his lifetime to be one of the macers before the saids Lords of her Majesties privy Councill Exchequer and Commissioners and a Serjant at armes in place of the said John Hoge Senior Giveing Granting and Disponing to him the said place and office with all fies profitts duties Casualties priviledges immunities whatsomever therto belonging And Specially with the fie and Sallary of Fiftie pounds Starling money yearly as to the fie and Sallary of one of the saids Macers to be payed to him at two termes in the year Whitsunday and Martinmas by equall portiones Begining the first termes payment therof at the terme of Martinmass nixt to come and so furth to continue yearly and termly therafter dureing the space forsaid Commanding hereby the saids Lords Commissioners of our thesaury present or for the time being and all Collectors and receivers of our rents revenues customes and Casualties whatsomever of our said kingdome to make payment of the Samen accordingly And Also Commanding the saids Lords of our privy Councill Exchequer and Commissiones to Admitt and receive the said David Grame to the exercise of the said office and to Authorize him with their testimoniall of admission therto And to administer to him the oath of alledgance and de fideli administratione in such caices accustomed Given under our privy Seall at our Court at Windsor Castle the thrid day of July 1703. And of our Reigne the Second year. Per Signaturam Manu S:D:N: Reginae Supra Scripitur Manibusque Commissionarcorum Thesaurarii et Seaccarii Subscripitur. Written to the privy Seall and Registrat the fiftein of September 1703. Sic Subscribitur William Alves deput Sealed at Edinburgh the 15th September 1703 Sic Subscribitur Pattrick: Scott:

1. NRS, PC1/53, 32-3.

2. Insertion.

3. Closing bracket missing.

4. The phrase ‘and of the rest’ scored out here.

1. NRS, PC1/53, 32-3.

2. Insertion.

3. Closing bracket missing.

4. The phrase ‘and of the rest’ scored out here.

Act, 20 September 1703, Edinburgh

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Att Edinburgh the Twenty day of September Jaj vijc and thrie years

A1703/9/131

Act

Act In Favors of Major Generall Thomas Buchan

Anent the Petition given in to his Grace her Majesties high Commissioner and Lords of her Majesties privy Councill by Major Generall Thomas Buchan Shewing That wher his Grace and the saids Lords were pleased most favorably by their Last delyverance to allow the petitioner the benefitt of the toune of Edinburgh and of a myle ther abouts for which the petitioner cannot bot give his humble thanks, But Seing that the petitioners affairs and any thing he has Lyes in the North in Aberdeen Shyre wher he could not be since his comeing to this nation So that he hade gott nothing done therin By which he sustained great prejudice and for want therof cannot Subsist himself any Longer, And Likewayes Seing the petitioner was formerly resolved to Live peaceably under her Sacred Majesties auspicious Government And to have no Converse or Corrospondance with any person whatsoever ill affected therto And Therefore humbly Craveing his Grace and the saids Lords to Consider the present Circumstances and to allow the petitioner the benefite of ane opportunity to order the petitioners bussines and affairs untill the first of March nixt upon the petitioners finding sufficient Caution to present his person before his Grace and the saids Lords when called for and in the mean time that he should Live and behave himself peaceably under her Majestie and have converse with no rebells or any ill affected to her Majestie and Government as the petition bears. His Grace his Majesties high Commissioner and the Lords of her Majesties privy Councill haveing Considered the above petition given in to them by Major Generall Thomas Buchan and the samen being Read in their presence His Grace and the saids Lords Doe hereby prorogate the time formerly appointed for the petitioner to depart furth of her Majesties dominions untill the first day of January nixt to come And appoints and Ordaines the petitioner to give bond and find Sufficient Caution acted in the books of privy Councill That he shall depart furth of her Majesties dominions betwixt the date hereof and the said first day of January nixt to come and shall not returne therto without Libertie granted by her Majestie or the privy Councill to him for that effect. And in the mean time that he shall Live peaceably under and with all Submission to her Majesties Government, And that he shall not Consult nor Contrive any thing in prejudice therof nor Converse or Correspond with any rebells and that under the penalty of two Hundred pounds Sterling in caice he transgress any pairt of the premisses.

Att Edinburgh the Twenty day of September Jaj vijc and thrie years

A1703/9/131

Act

Act In Favors of Major Generall Thomas Buchan

Anent the Petition given in to his Grace her Majesties high Commissioner and Lords of her Majesties privy Councill by Major Generall Thomas Buchan Shewing That wher his Grace and the saids Lords were pleased most favorably by their Last delyverance to allow the petitioner the benefitt of the toune of Edinburgh and of a myle ther abouts for which the petitioner cannot bot give his humble thanks, But Seing that the petitioners affairs and any thing he has Lyes in the North in Aberdeen Shyre wher he could not be since his comeing to this nation So that he hade gott nothing done therin By which he sustained great prejudice and for want therof cannot Subsist himself any Longer, And Likewayes Seing the petitioner was formerly resolved to Live peaceably under her Sacred Majesties auspicious Government And to have no Converse or Corrospondance with any person whatsoever ill affected therto And Therefore humbly Craveing his Grace and the saids Lords to Consider the present Circumstances and to allow the petitioner the benefite of ane opportunity to order the petitioners bussines and affairs untill the first of March nixt upon the petitioners finding sufficient Caution to present his person before his Grace and the saids Lords when called for and in the mean time that he should Live and behave himself peaceably under her Majestie and have converse with no rebells or any ill affected to her Majestie and Government as the petition bears. His Grace his Majesties high Commissioner and the Lords of her Majesties privy Councill haveing Considered the above petition given in to them by Major Generall Thomas Buchan and the samen being Read in their presence His Grace and the saids Lords Doe hereby prorogate the time formerly appointed for the petitioner to depart furth of her Majesties dominions untill the first day of January nixt to come And appoints and Ordaines the petitioner to give bond and find Sufficient Caution acted in the books of privy Councill That he shall depart furth of her Majesties dominions betwixt the date hereof and the said first day of January nixt to come and shall not returne therto without Libertie granted by her Majestie or the privy Councill to him for that effect. And in the mean time that he shall Live peaceably under and with all Submission to her Majesties Government, And that he shall not Consult nor Contrive any thing in prejudice therof nor Converse or Correspond with any rebells and that under the penalty of two Hundred pounds Sterling in caice he transgress any pairt of the premisses.

1. NRS, PC1/53, 30-1.

1. NRS, PC1/53, 30-1.