Act, 21 March 1701, Edinburgh

Att Edinburgh the tuenty first day of March 1701

D1701/3/311

Act

Act anent Mistress Jean Wallace her Custodie and Education2

Anent the petition given in to the Lords of His Majesties privie Councill by Sir Thomas Wallace of Craigie Craveing That their Lordships would ordains Mrs: Jean Wallace to whom the petitioner is nearest agnat being Uncle on the Fathers side To be Delivered to the petitioners custodie and keeping for her Education on the true protestant Religion Specially and so much the raither that it is very weell knowne how the petitioners brother was Influenced by the same Childs mother to continue in his seduction and therafter prevailled wpon by this Lady Pitfoddells to make a second papist marriage, How it his bein the Ladies constant andeavour to breed up this Child not onlie in her oune popish errors but in ane utter aversion and aborrence of all her fathers protestant Relations As the said petition at more length bears which petition being wpon the threttein day of March instant read in presence of the saids Lords and ansuers made therto for the Lady Pitfoddells They Appoynted a Committie of thier oune number to meet and speak with the said Sir William Wallace3 and the Lady Pitfoddells and to endeavour to setle and agree them anent the place wherin the above Mistres Jean Wallace is to be Educat and brought up and likewayes to speak to them anent the said Mrs Jean Wallace her Choosing of Her Curators with pouer to them to order where she shall be sequestrat in the mean tyme Which Committie haveing this day mett They conforme to the pouer given to them by the Lords of His Majesties privie. Councill Doe heirby give order and warrand to William Biggar of Wolmet or any other person in whose hand the said Mrs Jean Wallace may be To Deliver in to the hands and house of John Hamilton of Halcraig one of the senators of the Colledge of Justice The person of the said Mrs Jean Wallace Daughter to the said unquhill Sir William Wallace of Craigie to be Educat and brought upon the protestant Religion

Att Edinburgh the tuenty first day of March 1701

D1701/3/311

Act

Act anent Mistress Jean Wallace her Custodie and Education2

Anent the petition given in to the Lords of His Majesties privie Councill by Sir Thomas Wallace of Craigie Craveing That their Lordships would ordains Mrs: Jean Wallace to whom the petitioner is nearest agnat being Uncle on the Fathers side To be Delivered to the petitioners custodie and keeping for her Education on the true protestant Religion Specially and so much the raither that it is very weell knowne how the petitioners brother was Influenced by the same Childs mother to continue in his seduction and therafter prevailled wpon by this Lady Pitfoddells to make a second papist marriage, How it his bein the Ladies constant andeavour to breed up this Child not onlie in her oune popish errors but in ane utter aversion and aborrence of all her fathers protestant Relations As the said petition at more length bears which petition being wpon the threttein day of March instant read in presence of the saids Lords and ansuers made therto for the Lady Pitfoddells They Appoynted a Committie of thier oune number to meet and speak with the said Sir William Wallace3 and the Lady Pitfoddells and to endeavour to setle and agree them anent the place wherin the above Mistres Jean Wallace is to be Educat and brought up and likewayes to speak to them anent the said Mrs Jean Wallace her Choosing of Her Curators with pouer to them to order where she shall be sequestrat in the mean tyme Which Committie haveing this day mett They conforme to the pouer given to them by the Lords of His Majesties privie. Councill Doe heirby give order and warrand to William Biggar of Wolmet or any other person in whose hand the said Mrs Jean Wallace may be To Deliver in to the hands and house of John Hamilton of Halcraig one of the senators of the Colledge of Justice The person of the said Mrs Jean Wallace Daughter to the said unquhill Sir William Wallace of Craigie to be Educat and brought upon the protestant Religion

1. NRS, PC2/28, 74v-75r.

2. Marginal note: ‘Nota this being ane act of a Comitie is dated the 22 of March but ordered to be booked with this sederunt’.

3. Sic. Error for Sir Thomas Wallace.

1. NRS, PC2/28, 74v-75r.

2. Marginal note: ‘Nota this being ane act of a Comitie is dated the 22 of March but ordered to be booked with this sederunt’.

3. Sic. Error for Sir Thomas Wallace.

Sederunt, 21 March 1701, Edinburgh

Att Edinburgh the tuenty first day of March 17011

D1701/3/302

Sederunt

Lord Chancelor; Earl of Crafurd; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forfar; Viscount Tarbat; Lord Forbes; Lord Advocat; Lord Thesaurer deput; Lord Aberuchill; Lord Halcraig; Lord Crocerig; Lord Phesdo; Lord provost of Edinburgh

Att Edinburgh the tuenty first day of March 17011

D1701/3/302

Sederunt

Lord Chancelor; Earl of Crafurd; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forfar; Viscount Tarbat; Lord Forbes; Lord Advocat; Lord Thesaurer deput; Lord Aberuchill; Lord Halcraig; Lord Crocerig; Lord Phesdo; Lord provost of Edinburgh

1. NRS, PC2/28, 74r.

2. NRS, PC2/28, 74r.

1. NRS, PC2/28, 74r.

2. NRS, PC2/28, 74r.

Procedure, 21 March 1701, Edinburgh

Att Edinburgh The Twenty one day of March Jaj viic and one years

A1701/3/391

Procedure

Committee anent The Talliduce anent Caledonia and Mrs Jean Wallace

The Lords of His majestys privy Councill do heirby nominat and appoint the Earles of Leven and Forfar, The Viscount of Tarbat, The Lords Advocat, Thesaurer deput and Crosrigg to be a Committee to Call for and furder Examine either the persons already Examined or such other persons as their Lordships shall think fitt to Call for anent the Coppyes cast off the Copper plate anent Caledonia, and also Remitts to the said Committee to Consider the matter anent Mrs Jean Wallace, and to give their orders and acts thereanent, and appoints the Clerks of Councill to give out Extracts of the said orders and acts, as well as they do of orders and acts emitted by the full Councill. And Recommends to the said Committee to meet the morrow at ten ackloak in the fornoon, and declares any three of the said Committee to be a Sufficient quorum.

Att Edinburgh The Twenty one day of March Jaj viic and one years

A1701/3/391

Procedure

Committee anent The Talliduce anent Caledonia and Mrs Jean Wallace

The Lords of His majestys privy Councill do heirby nominat and appoint the Earles of Leven and Forfar, The Viscount of Tarbat, The Lords Advocat, Thesaurer deput and Crosrigg to be a Committee to Call for and furder Examine either the persons already Examined or such other persons as their Lordships shall think fitt to Call for anent the Coppyes cast off the Copper plate anent Caledonia, and also Remitts to the said Committee to Consider the matter anent Mrs Jean Wallace, and to give their orders and acts thereanent, and appoints the Clerks of Councill to give out Extracts of the said orders and acts, as well as they do of orders and acts emitted by the full Councill. And Recommends to the said Committee to meet the morrow at ten ackloak in the fornoon, and declares any three of the said Committee to be a Sufficient quorum.

1. NRS, PC1/52, 203.

1. NRS, PC1/52, 203.

Procedure, 21 March 1701, Edinburgh

Att Edinburgh The Twenty one day of March Jaj viic and one years

A1701/3/381

Procedure

Recommendation To The Earl of Leven to Examine Thomson and Auchmouty

The Lords of His majestys privy Councill Recommended to the Earle of Leven Governour And Constable of the Castle of Edinburgh, To Examine Mr John Thomson and Charles Auchmouty Clos prisoners in the said Castle who ordered these words Caledonia’s Supporters to be put upon the Coppys cast off the Copperplate anent Caledonia, and who gave advice and allowance in the putting on these words.

Att Edinburgh The Twenty one day of March Jaj viic and one years

A1701/3/381

Procedure

Recommendation To The Earl of Leven to Examine Thomson and Auchmouty

The Lords of His majestys privy Councill Recommended to the Earle of Leven Governour And Constable of the Castle of Edinburgh, To Examine Mr John Thomson and Charles Auchmouty Clos prisoners in the said Castle who ordered these words Caledonia’s Supporters to be put upon the Coppys cast off the Copperplate anent Caledonia, and who gave advice and allowance in the putting on these words.

1. NRS, PC1/52, 203.

1. NRS, PC1/52, 203.

Warrant, 21 March 1701, Edinburgh

Att Edinburgh The Twenty one day of March Jaj viic and one years

A1701/3/371

Warrant

Warrant for Liberating Mathew Finlasone

The Lords of His majestys privy Councill do heirby ordain Mathew Finlaysone ane under Servant to the African Company to be committed prisoner to the guard of Edinburgh, there to remain ay and while he give bond and find Sufficient Caution acted in the books of privy Councill, That he shall appear before the saids Lords of Privy Councill or the Lords of His Majestys Justiciary whensoever he shall be Called or Required thereto, under the penalty of Two Hundered merks Scots money in caice of Failzie in any pairt of the premises, and upon finding of the forsaid Caution ordains him to be sett at Liberty.

Att Edinburgh The Twenty one day of March Jaj viic and one years

A1701/3/371

Warrant

Warrant for Liberating Mathew Finlasone

The Lords of His majestys privy Councill do heirby ordain Mathew Finlaysone ane under Servant to the African Company to be committed prisoner to the guard of Edinburgh, there to remain ay and while he give bond and find Sufficient Caution acted in the books of privy Councill, That he shall appear before the saids Lords of Privy Councill or the Lords of His Majestys Justiciary whensoever he shall be Called or Required thereto, under the penalty of Two Hundered merks Scots money in caice of Failzie in any pairt of the premises, and upon finding of the forsaid Caution ordains him to be sett at Liberty.

1. NRS, PC1/52, 203.

1. NRS, PC1/52, 203.

Warrant, 21 March 1701, Edinburgh

Att Edinburgh The Twenty one day of March Jaj viic and one years

A1701/3/361

Warrant

Warrant for pursueing Thomson and Auchmouty and McKenzie Criminally

The Lords of His Majestys privy Councill, do heirby give order And Warrant to Sir James Stewart His Majestys Advocat, To pursue before the Lords Commissioners of His Majestys Justiciary, Mr John Thomson under Clerk to the Affrican Company Charles Auchmouty Servant to the Said Company and Mr Roderick McKenzie Secretary to the Said Company for such Crymes and upon Such Laws as his Lordship shall think fitt to lybell for Inferring the payns which Shall be due to them, for the Crymes wherof they shall be found guilty upon account of the Talliduce owned by the said Mr John Thomson and Signed by him, now lying among the Warrants of Councill.

Att Edinburgh The Twenty one day of March Jaj viic and one years

A1701/3/361

Warrant

Warrant for pursueing Thomson and Auchmouty and McKenzie Criminally

The Lords of His Majestys privy Councill, do heirby give order And Warrant to Sir James Stewart His Majestys Advocat, To pursue before the Lords Commissioners of His Majestys Justiciary, Mr John Thomson under Clerk to the Affrican Company Charles Auchmouty Servant to the Said Company and Mr Roderick McKenzie Secretary to the Said Company for such Crymes and upon Such Laws as his Lordship shall think fitt to lybell for Inferring the payns which Shall be due to them, for the Crymes wherof they shall be found guilty upon account of the Talliduce owned by the said Mr John Thomson and Signed by him, now lying among the Warrants of Councill.

1. NRS, PC1/52, 202.

1. NRS, PC1/52, 202.

Warrant, 21 March 1701, Edinburgh

Att Edinburgh The Twenty one day of March Jaj viic and one years

A1701/3/351

Warrant

Warrant for burning a print or Talliduce concerning Caledonia

The Lords of His Majestys privy Councill having Seen and Considered a print or Talliduce produced before their Lordships by Mr John Thomson and owned to have been designed and drawn by him, To be a wicked and pernicious paper, do therfor ordain and appoint the saids prints to be burned at the mercat Cross of Edinburgh by the hand of the Common hangman, and ordains the Magistrats of Edinburgh to see the Samen done and thir presents Execute accordingly this day betwixt Twelve and one of the Clock with Touk of drum.

Att Edinburgh The Twenty one day of March Jaj viic and one years

A1701/3/351

Warrant

Warrant for burning a print or Talliduce concerning Caledonia

The Lords of His Majestys privy Councill having Seen and Considered a print or Talliduce produced before their Lordships by Mr John Thomson and owned to have been designed and drawn by him, To be a wicked and pernicious paper, do therfor ordain and appoint the saids prints to be burned at the mercat Cross of Edinburgh by the hand of the Common hangman, and ordains the Magistrats of Edinburgh to see the Samen done and thir presents Execute accordingly this day betwixt Twelve and one of the Clock with Touk of drum.

1. NRS, PC1/52, 202.

1. NRS, PC1/52, 202.

Procedure, 21 March 1701, Edinburgh

Att Edinburgh The Twenty one day of March Jaj viic and one years

A1701/3/341

Procedure

Report Sir Gilbert Eliot anent the Talliduce

Sir Gilbert Eliot having Reported the answer he Receaved from the Duke of Hamilton and Marques of Tweeddale anent the Coppies of the Talliduce anent Caledonia, and the Councill not being Satisfied therwith They ordered a macer of privy Councill furthwith, to go and shew the Saids Two Noblemen, That the Councill Required them to attend the board Instantly, And the Lord Marques having come to attend the Councill, The Lords Recommended to the Earle of Leven, Lord Advocat and Lord Thesaurer deput To go out and Speak with the said Lord Marques which being done, The Lord Advocat Reported to the Councill That the Marques hade Engadged to deliver his Coppy to Sir Gilbert Eliot Clerk to the Privy Councill, wherupon the Councill gave order to the said Sir Gilbert to go out and acquaint the said Marques, That the Councill Expected the Said Coppy Should be delivered into their said Clerk this day betwixt and Two of the Clock in the afternoon which was done by the said Sir Gilbert Eliot accordingly, And His Grace The Duke of Hamilton having Compeared, To attend the Councill, and the Saids three privy Councellors having gone out To Speak with the Duke They returned their Report that the Duke hade Said to them he gott the paper from a person whose face he never did See before, and that he did not understand the paper, but when he hade looked the same throw, and finding it wrong in the names he did Cast it by him, And upon his word of Honour declares he did not give or Send the Said Coppy to any person whatsomever, But declares he Shall Examine his Servants, if they or any of them have taken up the Same, and make what furder search he can for finding the said Coppy, and if and how soon he can fall upon the same he shall give it in to the Clerks of privy Councill which Report being made to the Councill, They dismissed the said Duke.

Att Edinburgh The Twenty one day of March Jaj viic and one years

A1701/3/341

Procedure

Report Sir Gilbert Eliot anent the Talliduce

Sir Gilbert Eliot having Reported the answer he Receaved from the Duke of Hamilton and Marques of Tweeddale anent the Coppies of the Talliduce anent Caledonia, and the Councill not being Satisfied therwith They ordered a macer of privy Councill furthwith, to go and shew the Saids Two Noblemen, That the Councill Required them to attend the board Instantly, And the Lord Marques having come to attend the Councill, The Lords Recommended to the Earle of Leven, Lord Advocat and Lord Thesaurer deput To go out and Speak with the said Lord Marques which being done, The Lord Advocat Reported to the Councill That the Marques hade Engadged to deliver his Coppy to Sir Gilbert Eliot Clerk to the Privy Councill, wherupon the Councill gave order to the said Sir Gilbert to go out and acquaint the said Marques, That the Councill Expected the Said Coppy Should be delivered into their said Clerk this day betwixt and Two of the Clock in the afternoon which was done by the said Sir Gilbert Eliot accordingly, And His Grace The Duke of Hamilton having Compeared, To attend the Councill, and the Saids three privy Councellors having gone out To Speak with the Duke They returned their Report that the Duke hade Said to them he gott the paper from a person whose face he never did See before, and that he did not understand the paper, but when he hade looked the same throw, and finding it wrong in the names he did Cast it by him, And upon his word of Honour declares he did not give or Send the Said Coppy to any person whatsomever, But declares he Shall Examine his Servants, if they or any of them have taken up the Same, and make what furder search he can for finding the said Coppy, and if and how soon he can fall upon the same he shall give it in to the Clerks of privy Councill which Report being made to the Councill, They dismissed the said Duke.

1. NRS, PC1/52, 202.

1. NRS, PC1/52, 202.

Sederunt, 21 March 1701, Edinburgh

Att Edinburgh The Twenty one day of March Jaj viic and one years1

A1701/3/332

Sederunt

Lord Chancellor; Earl of Crafurd; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Viscount Tarbat; Lord Forbes; Lord Advocat; Lord Thesaurer Deput; Lord Aberuchill; Lord Halcraig; Lord Crosrigg; Lord Phesdoe; Lord Provost of Edinburgh

Att Edinburgh The Twenty one day of March Jaj viic and one years1

A1701/3/332

Sederunt

Lord Chancellor; Earl of Crafurd; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Viscount Tarbat; Lord Forbes; Lord Advocat; Lord Thesaurer Deput; Lord Aberuchill; Lord Halcraig; Lord Crosrigg; Lord Phesdoe; Lord Provost of Edinburgh

1. NRS, PC1/52, 201.

2. NRS, PC1/52, 201.

1. NRS, PC1/52, 201.

2. NRS, PC1/52, 201.