Tag Archives: 21 November 1699

Act, 21 November 1699, Edinburgh

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Att Edinburgh The Twentie one day of November Jaj vic Nyntie Nyne

D1699/11/131

Act

Act Sir William Enstruther and David Simpson for a Stipend

Anent the petition given in to the Lords of his majesties privy Councill be Sir William Enstruther younger of that ilk and David Simpson wryter in Enstruther Shewing That wher the paroch kirk of Killrunnie Lying within the persbytrie of St Androews and Shirrefdome of Fyfe haveing been vaccant for the Space of ane Twelve moneth Last past or therby throw the dimission of Mr John Wood Late Minister therat The petitioner the said Sir William Enstruther is undoubted patron gave granted and disponed to and in favors of the said David Simpsone the vaccant Stipend of the said paroch Kirk the year of God Jaj vic nyntie nyne years, to the effect he may Imploy and Cause the Same be Imployed for the repairation of the kirk and manse of the said Gift as the samen therwith produced at more Length Containes And Seing it would be necessary for makeing the forsaid gift and Commission the More effectuall, That the saids Lords Authority be interponed therto, And the same ratified be the saids Lords And Therfore humbly Craveing the saids Lords would be pleased to Ratifie the forsaid gift and Commission and to interpone their authority therto And to grant warrand for Letters of horning and all other executione needfull against all and whatsomever persones Lyable in payment of any of the vaccand Stipend Cropt and year of God forsaid in the termes of and conforme to the decreet of Locallity in favors of the Ministers of the said Kirk of Killrinnie as the said petition bears, The Lords of his majesties privy Councill Haveing Considered this petitione given in to them by the above Sir William Enstruther of that ilk with the gift mentioned therin and produced therwith They hereby Approve of the said Gift In so far as concernes the Stipend of Killrinnie And Ordaines the samen for the haill Cropt and year of God Jaj vic Nyntie Nyne to be payed by the heritors fewars Woodsetters lifrentars Titullars tacksmen of Teynds tennents possessors and others lyable in payment of the said 6 years stipends to the above David Simpson wryter in Enstruther in whose favors the above gift is granted to be Imployed be him for repairatione of the said kirk of Killrinnie and Manse thereof And Ordaines Letters of horning on fiftein dayes and others needfull under the Signet of Councill to be direct hereon at the instance of the said David Simpsone Against the heritors and others forsaids Lyable in payment upon productione of a decreet of Locallity and in case ther be non ordaines the heritors and others forsaid Lyable in payment of the said years Stipend To make payment to the said David Simpson of their respective proportiones thereof according as they shall be Decerned by the judge ordinary

Att Edinburgh The Twentie one day of November Jaj vic Nyntie Nyne

D1699/11/131

Act

Act Sir William Enstruther and David Simpson for a Stipend

Anent the petition given in to the Lords of his majesties privy Councill be Sir William Enstruther younger of that ilk and David Simpson wryter in Enstruther Shewing That wher the paroch kirk of Killrunnie Lying within the persbytrie of St Androews and Shirrefdome of Fyfe haveing been vaccant for the Space of ane Twelve moneth Last past or therby throw the dimission of Mr John Wood Late Minister therat The petitioner the said Sir William Enstruther is undoubted patron gave granted and disponed to and in favors of the said David Simpsone the vaccant Stipend of the said paroch Kirk the year of God Jaj vic nyntie nyne years, to the effect he may Imploy and Cause the Same be Imployed for the repairation of the kirk and manse of the said Gift as the samen therwith produced at more Length Containes And Seing it would be necessary for makeing the forsaid gift and Commission the More effectuall, That the saids Lords Authority be interponed therto, And the same ratified be the saids Lords And Therfore humbly Craveing the saids Lords would be pleased to Ratifie the forsaid gift and Commission and to interpone their authority therto And to grant warrand for Letters of horning and all other executione needfull against all and whatsomever persones Lyable in payment of any of the vaccand Stipend Cropt and year of God forsaid in the termes of and conforme to the decreet of Locallity in favors of the Ministers of the said Kirk of Killrinnie as the said petition bears, The Lords of his majesties privy Councill Haveing Considered this petitione given in to them by the above Sir William Enstruther of that ilk with the gift mentioned therin and produced therwith They hereby Approve of the said Gift In so far as concernes the Stipend of Killrinnie And Ordaines the samen for the haill Cropt and year of God Jaj vic Nyntie Nyne to be payed by the heritors fewars Woodsetters lifrentars Titullars tacksmen of Teynds tennents possessors and others lyable in payment of the said 6 years stipends to the above David Simpson wryter in Enstruther in whose favors the above gift is granted to be Imployed be him for repairatione of the said kirk of Killrinnie and Manse thereof And Ordaines Letters of horning on fiftein dayes and others needfull under the Signet of Councill to be direct hereon at the instance of the said David Simpsone Against the heritors and others forsaids Lyable in payment upon productione of a decreet of Locallity and in case ther be non ordaines the heritors and others forsaid Lyable in payment of the said years Stipend To make payment to the said David Simpson of their respective proportiones thereof according as they shall be Decerned by the judge ordinary

1. NRS, PC2/27, 273v-274r.

1. NRS, PC2/27, 273v-274r.

Procedure, 21 November 1699, Edinburgh

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Att Edinburgh The Twentie one day of November Jaj vic Nyntie Nyne

D1699/11/121

Procedure

Remitt The Earl and Countes of Southerland against James Whyt etc

The process James Whyt Commissar Clerk of Lauder and Baillie of the Regality Cautioner of Brinckle and Prestoune Against George Turnbull pretended Baillie to the Countes of Southerland and the Earle and Countes of Southerland and others with the reconventione at the instance of the saids Earle and Countes of Southerland and others against the said James Whyt and James Rentonne wright in Prestone Being advised and the Councill Having heard the depositiones taken upon both prosecutors with the instrument taken by James Whyte Against George Turnbull and others mentioned in the witness depositiones with some missive Letters all read in their presence and a deilynatur being given in for the Earle and Countes of Southerland against the dukes of Queensberry the Earles of Mortone Lothian Annandale Lord, Jedburgh and Philiphaugh Upon this deilynatur the Earles of Lothian Anandale and Forfar who were at the Councill board deilyned themselves and rose from the board, and the Councill haveing heard both parties informationes read in their presence The Councill Recomends to the Lords of Councill and Session to discuss and determine sumarly the point of right betwixt the parties as to the exercise of the jurisdictione of a baillie of regality of Prestoune and Brinckle and the right of Constituting of a baillie therin And Superseeds the advyseing of2 any Ryot upon the proceses Lybelled before the Councill untill the said point of right be determined before the saids Lords of Session.

Att Edinburgh The Twentie one day of November Jaj vic Nyntie Nyne

D1699/11/121

Procedure

Remitt The Earl and Countes of Southerland against James Whyt etc

The process James Whyt Commissar Clerk of Lauder and Baillie of the Regality Cautioner of Brinckle and Prestoune Against George Turnbull pretended Baillie to the Countes of Southerland and the Earle and Countes of Southerland and others with the reconventione at the instance of the saids Earle and Countes of Southerland and others against the said James Whyt and James Rentonne wright in Prestone Being advised and the Councill Having heard the depositiones taken upon both prosecutors with the instrument taken by James Whyte Against George Turnbull and others mentioned in the witness depositiones with some missive Letters all read in their presence and a deilynatur being given in for the Earle and Countes of Southerland against the dukes of Queensberry the Earles of Mortone Lothian Annandale Lord, Jedburgh and Philiphaugh Upon this deilynatur the Earles of Lothian Anandale and Forfar who were at the Councill board deilyned themselves and rose from the board, and the Councill haveing heard both parties informationes read in their presence The Councill Recomends to the Lords of Councill and Session to discuss and determine sumarly the point of right betwixt the parties as to the exercise of the jurisdictione of a baillie of regality of Prestoune and Brinckle and the right of Constituting of a baillie therin And Superseeds the advyseing of2 any Ryot upon the proceses Lybelled before the Councill untill the said point of right be determined before the saids Lords of Session.

1. NRS, PC2/27, 273r-273v.

2. The prefix ‘ther’ scored out from the start of this word.

1. NRS, PC2/27, 273r-273v.

2. The prefix ‘ther’ scored out from the start of this word.

Act, 21 November 1699, Edinburgh

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Att Edinburgh The Twentie one day of November Jaj vic Nyntie Nyne

D1699/11/111

Act

Act Mr George Campbell anent a new way of making salt

The Lords of his Majesties privy Councill Haveing Considered a petitione given in to them by Mr George Campbell merchant in Edinburgh Anent a new way and method of Makeing and Improveing Salt, They by their delyverance theron of the Nyntein of November instant Recommended to a Committie of their oun number to Consider the said petition with power to them to call for and hear such persones therupon as they shall think fitt, Which Committie haveing accordingly mett, They by their Report upon the said petition Declared they are of oppinion, That since the petition is agreed to by the salt masters, and that it may conduce to the intrest of the kingdome That therfore the desyre of the said petition ought to be granted, Which petition with the report theron being this day againe read in presence of the saids Lords of his Majesties privy Councill The saids Lords by their Lordships power and authoritie especially That Committed to them by the twelth act of the thrid and last parliament King Charles the Second Intituled act for incouradging trade and Manufactory Have Given and Granted and hereby Gives and Grants to the petitioner his heirs and assigneyes The Sole and Speciall Licence power priviledge and authority That he and they by him and themselves and by his and their deputs servants and workmen, and such others only as he and his forsaids have agreed or shall agree with, shall and may from time to time and at all times hereafter 2 dureing the space of Twenty fyve years nixt ensueing the date of this act use and exerce the said Mr George his said new way and method of makeing and Improveing salt, And Have Declared and hereby Declares That any persone or persones who shall dureing the space of Twenty fyve years forsaid agree with the said petitioner or his forsaids anent the said New way and method of makeing and Improveing salt, That it shall be Leisome and Lawfull to them to enter into and accept of the Contracts already made with any of the Salt masters upon the Same termes that others have agreed into or entered in theranent And the petitioner and his forsaids are to be oblidged and hereby Declared bound and lyable to receive them upon the same termes that others have allready agreed and are received upon And approves and interpones their Lordships authority to any aggreement Contract or Contracts entered or to be entered into betwixt the said Mr George or his forsaids and the saltmasters or others who doe or shall Contract with them In Regaird the present saltworks are by act of Parliament Declared Manufactories Therfore The saids Lords Declares all Saltworks to be fitted and made after the petitioners new method to continue and be Manufactories with all the priviledges and Immunities formerly pertaineing and belonging to the Saltwork Manufactories, And for the better incouradgment Security and Establishment of the said New Improvement against Minors Creditors and others not Contracting with the petitioner and his forsaids Prohibites and Discharges all the salt masters or others who have (or within the said space of Twenty fyve years) may have any goeing salt panns to use the said petitioners said new methode and Invention, unless they aggree with him or his forsaids in the termes abovewryten or to Counterfitt Imitat or Resemble the said new inventione Wherby to pretend themselves the Inventars or devisers thereof dureing the space forsaid, unless the first aggree and Contract with the petitioner in the termes abovewrittin, With Certification to them, if they or any of them doe in the Contrar The goeing of their Salt panns shall be Stopped untill they aggree in maner forsaid and they shall also be farder punished for their contempt as the saids Lords of his majesties privy Councill Shall See Course, and farder that they shall be answerable to the petitioner and his forsaids according to the outtmost rigour of Law for his or their damnadges thereby to be sustained and Recommends to all his majesties Judges officers and Ministers of the Law no wayes to mollest or hinder the petitioner or his forsaids in the prosecutione of this act Bot on all Occasiones needfull to be assisting to them therin.

Att Edinburgh The Twentie one day of November Jaj vic Nyntie Nyne

D1699/11/111

Act

Act Mr George Campbell anent a new way of making salt

The Lords of his Majesties privy Councill Haveing Considered a petitione given in to them by Mr George Campbell merchant in Edinburgh Anent a new way and method of Makeing and Improveing Salt, They by their delyverance theron of the Nyntein of November instant Recommended to a Committie of their oun number to Consider the said petition with power to them to call for and hear such persones therupon as they shall think fitt, Which Committie haveing accordingly mett, They by their Report upon the said petition Declared they are of oppinion, That since the petition is agreed to by the salt masters, and that it may conduce to the intrest of the kingdome That therfore the desyre of the said petition ought to be granted, Which petition with the report theron being this day againe read in presence of the saids Lords of his Majesties privy Councill The saids Lords by their Lordships power and authoritie especially That Committed to them by the twelth act of the thrid and last parliament King Charles the Second Intituled act for incouradging trade and Manufactory Have Given and Granted and hereby Gives and Grants to the petitioner his heirs and assigneyes The Sole and Speciall Licence power priviledge and authority That he and they by him and themselves and by his and their deputs servants and workmen, and such others only as he and his forsaids have agreed or shall agree with, shall and may from time to time and at all times hereafter 2 dureing the space of Twenty fyve years nixt ensueing the date of this act use and exerce the said Mr George his said new way and method of makeing and Improveing salt, And Have Declared and hereby Declares That any persone or persones who shall dureing the space of Twenty fyve years forsaid agree with the said petitioner or his forsaids anent the said New way and method of makeing and Improveing salt, That it shall be Leisome and Lawfull to them to enter into and accept of the Contracts already made with any of the Salt masters upon the Same termes that others have agreed into or entered in theranent And the petitioner and his forsaids are to be oblidged and hereby Declared bound and lyable to receive them upon the same termes that others have allready agreed and are received upon And approves and interpones their Lordships authority to any aggreement Contract or Contracts entered or to be entered into betwixt the said Mr George or his forsaids and the saltmasters or others who doe or shall Contract with them In Regaird the present saltworks are by act of Parliament Declared Manufactories Therfore The saids Lords Declares all Saltworks to be fitted and made after the petitioners new method to continue and be Manufactories with all the priviledges and Immunities formerly pertaineing and belonging to the Saltwork Manufactories, And for the better incouradgment Security and Establishment of the said New Improvement against Minors Creditors and others not Contracting with the petitioner and his forsaids Prohibites and Discharges all the salt masters or others who have (or within the said space of Twenty fyve years) may have any goeing salt panns to use the said petitioners said new methode and Invention, unless they aggree with him or his forsaids in the termes abovewryten or to Counterfitt Imitat or Resemble the said new inventione Wherby to pretend themselves the Inventars or devisers thereof dureing the space forsaid, unless the first aggree and Contract with the petitioner in the termes abovewrittin, With Certification to them, if they or any of them doe in the Contrar The goeing of their Salt panns shall be Stopped untill they aggree in maner forsaid and they shall also be farder punished for their contempt as the saids Lords of his majesties privy Councill Shall See Course, and farder that they shall be answerable to the petitioner and his forsaids according to the outtmost rigour of Law for his or their damnadges thereby to be sustained and Recommends to all his majesties Judges officers and Ministers of the Law no wayes to mollest or hinder the petitioner or his forsaids in the prosecutione of this act Bot on all Occasiones needfull to be assisting to them therin.

1. NRS, PC2/27, 271v-273r.

2. An illegible word scored out here.

1. NRS, PC2/27, 271v-273r.

2. An illegible word scored out here.

Sederunt, 21 November 1699, Edinburgh

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Att Edinburgh The Twentie one day of November Jaj vic Nyntie Nyne1

D1699/11/102

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Earl of Crafurd; Earl of Lauderdale; Earl of Lothian; Earl of Lowdone; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Polwarth; Lord Ruthven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Halcraig; Lord Crossrig; Lord Rankeillor; Mr Fra: Montgomry; Laird of Stivenson; Lord Provest of Edinburgh

Att Edinburgh The Twentie one day of November Jaj vic Nyntie Nyne1

D1699/11/102

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Earl of Crafurd; Earl of Lauderdale; Earl of Lothian; Earl of Lowdone; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Polwarth; Lord Ruthven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Halcraig; Lord Crossrig; Lord Rankeillor; Mr Fra: Montgomry; Laird of Stivenson; Lord Provest of Edinburgh

1. NRS, PC2/27, 271v.

2. NRS, PC2/27, 271v.

1. NRS, PC2/27, 271v.

2. NRS, PC2/27, 271v.

Warrant, 21 November 1699, Edinburgh

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A1699/11/181

Warrant

Warrand To Livetennent Haddo To goe to England

The Lords of his Majesties privy Councill Doe heirby allow and give warrand, To Livetennent Thomas Haddo Livetennent in Colonell Fergusones Regiment To Repair to England and There to Remain For the space of Two moneths after the day and dait heirof, For doing his necessary Bussiness.

Att Edinburgh The Twenty First day of November Jaj vic nynty nyne years

A1699/11/181

Warrant

Warrand To Livetennent Haddo To goe to England

The Lords of his Majesties privy Councill Doe heirby allow and give warrand, To Livetennent Thomas Haddo Livetennent in Colonell Fergusones Regiment To Repair to England and There to Remain For the space of Two moneths after the day and dait heirof, For doing his necessary Bussiness.

1. NRS, PC1/52, 39.

1. NRS, PC1/52, 39.

Act, 21 November 1699, Edinburgh

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A1699/11/171

Act

Approbation of My Lord Thesaurer deput Committing Graham of Boquhaple

The Lord Thesaurer Deput Represented to the Councill That […] Graham of Boquhaple who hes been in France, Is Returned to this Kingdom without warrant, From his Majesty and his Lordship, hes Committed him prisoner To Edinburgh Tolbooth which he desyres the Councill may approve off, if their Lordships Think fitt, The saids Lords of his Majesties privy Councill have approved and heirby approves of what my Lord Thesaurer Deput hes done in the matter-abovewritten, And ordaines the said […] Graham of Boquhaple To Remain prisoner till Furder order.

Att Edinburgh The Twenty First day of November Jaj vic nynty nyne years

A1699/11/171

Act

Approbation of My Lord Thesaurer deput Committing Graham of Boquhaple

The Lord Thesaurer Deput Represented to the Councill That […] Graham of Boquhaple who hes been in France, Is Returned to this Kingdom without warrant, From his Majesty and his Lordship, hes Committed him prisoner To Edinburgh Tolbooth which he desyres the Councill may approve off, if their Lordships Think fitt, The saids Lords of his Majesties privy Councill have approved and heirby approves of what my Lord Thesaurer Deput hes done in the matter-abovewritten, And ordaines the said […] Graham of Boquhaple To Remain prisoner till Furder order.

1. NRS, PC1/52, 39.

1. NRS, PC1/52, 39.

Sederunt, 21 November 1699, Edinburgh

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Att Edinburgh The Twenty First day of November Jaj vic nynty nyne years1

A1699/11/162

Sederunt

Lord Chancellor; Earl of Melvill P.C.; Earl of Crafurd; Earl of Lauderdale; Earl of Lothian; Earl of Loudoun; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Polwarth; Lord Ruthven; Lord Advocate; Lord Thesaurer Deput; Lord Justice-Clerk; Lord Halcraig; Lord Crossrigg; Lord Rankillor; Mr Fra: Montgomry; Laird of Stevensone; Lord Provost of Edinburgh

Att Edinburgh The Twenty First day of November Jaj vic nynty nyne years1

A1699/11/162

Sederunt

Lord Chancellor; Earl of Melvill P.C.; Earl of Crafurd; Earl of Lauderdale; Earl of Lothian; Earl of Loudoun; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Polwarth; Lord Ruthven; Lord Advocate; Lord Thesaurer Deput; Lord Justice-Clerk; Lord Halcraig; Lord Crossrigg; Lord Rankillor; Mr Fra: Montgomry; Laird of Stevensone; Lord Provost of Edinburgh

1. NRS, PC1/52, 39.

2. NRS, PC1/52, 39.

1. NRS, PC1/52, 39.

2. NRS, PC1/52, 39.