Tag Archives: 22 December 1696

Decreet, 22 December 1696, Edinburgh

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Decreet

Decreit Cairnburrow and Caddell against Alexander

The bill of Suspensione at the instance of John Gordon of Cairnburrow and George Caddell of Asswinlie Against Mr Alexander, Alexander late parson of Glass with answers made therto by the said Mr Alexander Alexander charger being this day red in presence of the Lords of his majesties privie Counsell and they haveing considered the Same They heirby refwise the said bill of Suspensione And finds the Letters raised at the chargers instance against the Suspender orderlie proceeded And ordaines the Same to be putt to furder executione efter the forme and tenor therof

Att Edinburgh the twentie second day of December Jaj vic nyntie six yeirs

D1696/12/131

Decreet

Decreit Cairnburrow and Caddell against Alexander

The bill of Suspensione at the instance of John Gordon of Cairnburrow and George Caddell of Asswinlie Against Mr Alexander, Alexander late parson of Glass with answers made therto by the said Mr Alexander Alexander charger being this day red in presence of the Lords of his majesties privie Counsell and they haveing considered the Same They heirby refwise the said bill of Suspensione And finds the Letters raised at the chargers instance against the Suspender orderlie proceeded And ordaines the Same to be putt to furder executione efter the forme and tenor therof

1. NRS, PC2/26, 316v.

1. NRS, PC2/26, 316v.

Act, 22 December 1696, Edinburgh

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Att Edinburgh the twentie second day of December Jaj vic nyntie six yeirs

D1696/12/121

Act

Act Carnegie of Cookstowne

Anent the petitione given in to the Lords of his majesties privie Counsell be James Carnegie of Cookstowne Shewing that wher the petitioners father in anno Jaj vic Seventie thrie upon ane petitione founded on the Fourtie ane act of King Charles the Second his first Sessione of parliament intituled act for planting and incloseing of ground wherby power is given to heretors at the sight of Shirreffs Stewarts Lords of regalitie and others therin mentioned Conforme to ther respective Jurisdictiones to cast about high wayes to ther conveniencie provideing they doe not remove them above two Hundered ells Did obtaine ane Commissione from the Lords of his majesties privie Counsell to The Earles of Sowthesq and Eairlie The Lord Arbwthnet The Lairds of Eagle Balnamoon Innerearitie and Clava and to James Carnegie then Shirreff deput of Forfar or any thrie of them to meet and visite the Lands about the house of Cookstowne intended to be inclosed and the way passing ther through and to consider how the way might be conveinentlie removed such ane proportionall distance from the house of Cookstowne As the act of parliament allowes and to make report Be vertwe wherof The Earle of Southesq The Lairds of Eagle and Ballnamoon and James Carnegie Shirreff deput Did meet upon the foirsaid grownd and high way and efter visiteing the Samen and calling of all pairties haveing interest and find that the foirsaid grownd about the house of Cookstowne could not be inclosed and planted as was intented without removeing the high way And found the new way Designed to be granted not onlie to be within two hundered ells of the old way But to be farr dryer and nearer then the samen had bein Which report being made to and approven of by the Lords of his majesties privie Counsell They did grant ther warrand to the petitioners father to inclose the Lands lying about his house And to remove the old way conforme to the tenor of the report All which is verified and instructed by ther Commission And yet upon report therof therwith produced But John Carnegie his father never haveing prosecute this his designe And the petitioner intending imediatlie to inclose and plant the foirsaid grownd about his house of Cookstowne which can not be gotten Done But by removeing of the high way which Leads by his gate to the place formerlie designed And to the effect no person haveing interest may qwarrell his right in the prosecutione of the Samen as the said petitione bears The saids Lords of his majesties privie Counsell haveing considered the above petitione with the act of Counsell in the petitioners fathers name Dated the tenth of August Jaj vic seventie five mentioned therin and produced therwith They in the termes of the said former act in favours of the petitioners father Doe heirby give warrand to the petitioner as by the said former act is given to his father to inclose the Lands lying about his house And appoints the old way to be removed to the place designed and Specified in the said act and report wherupon the act proceeds the same being within two Hundereth ells of the said old high way conforme to the act of parliament forsaid

Att Edinburgh the twentie second day of December Jaj vic nyntie six yeirs

D1696/12/121

Act

Act Carnegie of Cookstowne

Anent the petitione given in to the Lords of his majesties privie Counsell be James Carnegie of Cookstowne Shewing that wher the petitioners father in anno Jaj vic Seventie thrie upon ane petitione founded on the Fourtie ane act of King Charles the Second his first Sessione of parliament intituled act for planting and incloseing of ground wherby power is given to heretors at the sight of Shirreffs Stewarts Lords of regalitie and others therin mentioned Conforme to ther respective Jurisdictiones to cast about high wayes to ther conveniencie provideing they doe not remove them above two Hundered ells Did obtaine ane Commissione from the Lords of his majesties privie Counsell to The Earles of Sowthesq and Eairlie The Lord Arbwthnet The Lairds of Eagle Balnamoon Innerearitie and Clava and to James Carnegie then Shirreff deput of Forfar or any thrie of them to meet and visite the Lands about the house of Cookstowne intended to be inclosed and the way passing ther through and to consider how the way might be conveinentlie removed such ane proportionall distance from the house of Cookstowne As the act of parliament allowes and to make report Be vertwe wherof The Earle of Southesq The Lairds of Eagle and Ballnamoon and James Carnegie Shirreff deput Did meet upon the foirsaid grownd and high way and efter visiteing the Samen and calling of all pairties haveing interest and find that the foirsaid grownd about the house of Cookstowne could not be inclosed and planted as was intented without removeing the high way And found the new way Designed to be granted not onlie to be within two hundered ells of the old way But to be farr dryer and nearer then the samen had bein Which report being made to and approven of by the Lords of his majesties privie Counsell They did grant ther warrand to the petitioners father to inclose the Lands lying about his house And to remove the old way conforme to the tenor of the report All which is verified and instructed by ther Commission And yet upon report therof therwith produced But John Carnegie his father never haveing prosecute this his designe And the petitioner intending imediatlie to inclose and plant the foirsaid grownd about his house of Cookstowne which can not be gotten Done But by removeing of the high way which Leads by his gate to the place formerlie designed And to the effect no person haveing interest may qwarrell his right in the prosecutione of the Samen as the said petitione bears The saids Lords of his majesties privie Counsell haveing considered the above petitione with the act of Counsell in the petitioners fathers name Dated the tenth of August Jaj vic seventie five mentioned therin and produced therwith They in the termes of the said former act in favours of the petitioners father Doe heirby give warrand to the petitioner as by the said former act is given to his father to inclose the Lands lying about his house And appoints the old way to be removed to the place designed and Specified in the said act and report wherupon the act proceeds the same being within two Hundereth ells of the said old high way conforme to the act of parliament forsaid

1. NRS, PC2/26, 315v-316v.

1. NRS, PC2/26, 315v-316v.

Act, 22 December 1696, Edinburgh

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D1696/12/111

Act

Act Porteous and Ainslie

Anent the petitione given in to the Lords of his majesties privie Counsell be Thomas Porteows Late proveist and Robert Ainslie Late baillie in Jedburgh Shewing That wher dearth and Scarcetie of victwall increasieing so much as this being done over and particularlie in the shyre of Tiviotdaill soe that the boll of meall is alreadie at twentie four pund that boll and bear wheat and ry at fourtein or fiftein pund that boll And it being evident through the badnes of the two Last cropts occasioned through great froasts excessive raines and stormes of snow so that in many places the cornes are neither cutt downe nor Led in nor is the Samen ripened nor fitt for any wse albeit it were cutt Downe and Led in that inevitable Scarecitie will enswe in that countrie many poor people and honest house holders being alreadie reduced to pinching straites and wants All which is too well knowen and felt by the whole Countrie and which may also consist with ther Lordships knowledge And therfore humblie craveing to the effect eftermentioned As the said petitione bears Which being this day red and considered be the saids Lords of privie Counsell They heirby grant warrant to the petitioners to import over Land such qwantities of victwall into this Kingdome from England as they Shall think fitt and discharges any cwstome or dwetie whatsomever to be exacted therfor And declaires that if any of the said victwall to be imported by them Shall be imported by Sea the same shall be seased upon and confiscat for the wse of the poor wnles it can be made appeare that the victwall imported by sea was bought and payed for by the prodwct of this kingdome And not by transporting and conveying money out of the Kingdome for the Same

Att Edinburgh the twentie second day of December Jaj vic nyntie six yeirs

D1696/12/111

Act

Act Porteous and Ainslie

Anent the petitione given in to the Lords of his majesties privie Counsell be Thomas Porteows Late proveist and Robert Ainslie Late baillie in Jedburgh Shewing That wher dearth and Scarcetie of victwall increasieing so much as this being done over and particularlie in the shyre of Tiviotdaill soe that the boll of meall is alreadie at twentie four pund that boll and bear wheat and ry at fourtein or fiftein pund that boll And it being evident through the badnes of the two Last cropts occasioned through great froasts excessive raines and stormes of snow so that in many places the cornes are neither cutt downe nor Led in nor is the Samen ripened nor fitt for any wse albeit it were cutt Downe and Led in that inevitable Scarecitie will enswe in that countrie many poor people and honest house holders being alreadie reduced to pinching straites and wants All which is too well knowen and felt by the whole Countrie and which may also consist with ther Lordships knowledge And therfore humblie craveing to the effect eftermentioned As the said petitione bears Which being this day red and considered be the saids Lords of privie Counsell They heirby grant warrant to the petitioners to import over Land such qwantities of victwall into this Kingdome from England as they Shall think fitt and discharges any cwstome or dwetie whatsomever to be exacted therfor And declaires that if any of the said victwall to be imported by them Shall be imported by Sea the same shall be seased upon and confiscat for the wse of the poor wnles it can be made appeare that the victwall imported by sea was bought and payed for by the prodwct of this kingdome And not by transporting and conveying money out of the Kingdome for the Same

1. NRS, PC2/26, 315r-315v.

1. NRS, PC2/26, 315r-315v.

Sederunt, 22 December 1696, Edinburgh

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Att Edinburgh the twentie second day of December Jaj vic nyntie six yeirs1

D1696/12/102

Sederunt

Lord Chancellor; Earl of Mellvill; Earl of Morton; Earl of Lauderdale; Earl of Leven; Earl of Forfar; Lord Yester; Lord John Hamilton; Lord Carmichael; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Rankeillor; Laird of Pollock; Laird of Blackbarrony; Laird of Ballhousie; Lord Proveist of Edinburgh

Att Edinburgh the twentie second day of December Jaj vic nyntie six yeirs1

D1696/12/102

Sederunt

Lord Chancellor; Earl of Mellvill; Earl of Morton; Earl of Lauderdale; Earl of Leven; Earl of Forfar; Lord Yester; Lord John Hamilton; Lord Carmichael; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Lord Rankeillor; Laird of Pollock; Laird of Blackbarrony; Laird of Ballhousie; Lord Proveist of Edinburgh

1. NRS, PC2/26, 315r.

2. NRS, PC2/26, 315r.

1. NRS, PC2/26, 315r.

2. NRS, PC2/26, 315r.

Act, 22 December 1696, Edinburgh

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A1696/12/681

Act

Liberation Mr David Drummond

Anent the petition given in to the Lords of his Majesties privie Councill By Mr David Drummond Sheuing That wher the petitioner was Incarcerat within the tolbooth of Edinburgh more then tuo weeks agoe by ane order from their Lordships And ever since detained prisoner ther And now that it is hoped that their Lordships are Convinced of his Innocency As also that it Cannot but be very prejudiciall both to his health and privat affairs to Continow under this restraint And therfore humblie Craving to the effect underwryten as the said petition Bears The saids Lords of his Majesties privie Councill having Considered this petition given in to them by the said Mr David Drummond They heirby Give order and warrand to the Magistrats of Edinburgh and Keeper of their tolbooth To sett the said Mr David Drummond petitioner at Libertie furth therof In respect the said petitioner before extracting heirof hath Given bond and found sufficient Caution acted in the books of privie Counsell That he shall Live peacably under and with all submission to the present Government of his Majestie King William And that he shall not Act Consult nor Contrive any thing In prejudice therof nor Converss or Correspond with any rebells And that he shall appear before the saids Lords of his Majesties privie Councill whensoever he shall be called for or required to that effect under the penaltie of three thousand merks Scotts money In case he shall transgress in any part of the premisses.

Att Edinburgh The Tuenty Tuo day of December Jaj vic nyntie six years

A1696/12/681

Act

Liberation Mr David Drummond

Anent the petition given in to the Lords of his Majesties privie Councill By Mr David Drummond Sheuing That wher the petitioner was Incarcerat within the tolbooth of Edinburgh more then tuo weeks agoe by ane order from their Lordships And ever since detained prisoner ther And now that it is hoped that their Lordships are Convinced of his Innocency As also that it Cannot but be very prejudiciall both to his health and privat affairs to Continow under this restraint And therfore humblie Craving to the effect underwryten as the said petition Bears The saids Lords of his Majesties privie Councill having Considered this petition given in to them by the said Mr David Drummond They heirby Give order and warrand to the Magistrats of Edinburgh and Keeper of their tolbooth To sett the said Mr David Drummond petitioner at Libertie furth therof In respect the said petitioner before extracting heirof hath Given bond and found sufficient Caution acted in the books of privie Counsell That he shall Live peacably under and with all submission to the present Government of his Majestie King William And that he shall not Act Consult nor Contrive any thing In prejudice therof nor Converss or Correspond with any rebells And that he shall appear before the saids Lords of his Majesties privie Councill whensoever he shall be called for or required to that effect under the penaltie of three thousand merks Scotts money In case he shall transgress in any part of the premisses.

1. NRS, PC1/51, 75.

1. NRS, PC1/51, 75.

Procedure, 22 December 1696, Edinburgh

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A1696/12/671

Procedure

Recommendation to Drau an Act Anent Victuall by Sea or Land

The Lords of his Majesties privie Councill Doe heirby Recommend to Sir James Steuart his Majesties Advocat to draw ane Act of Councill allouing all persons to Import victuall from abroad into this Kingdome free of publick duety And Declaring that what victuall shall be Imported by sea shall be bought and the pryce thereof payed by the product of this Kingdome and not by exported money otherwise that the same shall be Confiscat and seased for the use of the poor.

Att Edinburgh The Tuenty Tuo day of December Jaj vic nyntie six years

A1696/12/671

Procedure

Recommendation to Drau an Act Anent Victuall by Sea or Land

The Lords of his Majesties privie Councill Doe heirby Recommend to Sir James Steuart his Majesties Advocat to draw ane Act of Councill allouing all persons to Import victuall from abroad into this Kingdome free of publick duety And Declaring that what victuall shall be Imported by sea shall be bought and the pryce thereof payed by the product of this Kingdome and not by exported money otherwise that the same shall be Confiscat and seased for the use of the poor.

1. NRS, PC1/51, 75.

1. NRS, PC1/51, 75.

Act, 22 December 1696, Edinburgh

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Act

Liberation The Earle of Aboyne

Anent the petition given in to the Lords of his Majesties privie Councill By Charles Earle of Aboyn Sheuing That wher the petitioner has been very valitudinary these severall years bypast And troubled with ane Infirmity not unknouen to severalls of their Lordships which upon the Least Confynment from his affairs aither in Contrey or City doeth extreamly Indispose him so that he Can neither eat nor sleep as it has been for many dayes with him since their Lordships were pleased to Committ him to the Castle wherby he is truly in hazard of his Life as the phisicans can attest And severall others Can shew to their Lordships And seeing the petitioner was never under any suspicion or ill Circumstances with the Government and is not resolved to Give them any occasion having Come with his wyfe to Edinburgh to attend the session for his Law bussness which has been much neglected in his absence And therfore humblie Craving their Lordships to sett the petitioner at Liberty Furth of the Castle of Edinburgh upon Continuing or renuing his bale att Least to be in the City for such tyme and upon such tearms as their Lordships shall think fitt as the said petition Bears The saids Lords of his Majesties privy Councill having Considered this petition given in to them by the Earle of Aboyn They heirby Recommend to and require David Earle of Leven Constable and Governour of the Castle of Edinburgh And in his absence Gives order and warrand to the nixt Commanding officer of the said Castle to sett the said Earle of Aboyn petitioner at Libertie furth therof And have Confyned and heirby Confynes the petitioner to the toune of Edinburgh and suburbs of the same In respect the petitioner before extracting heirof hath Given bond and found sufficient Caution acted in the books of privie Councill That he shall keep his said Confynment and not Goe uithout the bounds of the Same And in the mean tyme that he shall Live peacably under and with all Submission to the present government of his Majestie King William And that he shall not Act Consult nor Contrive any thing in prejudice therof nor shall not Converss or Correspond with any rebells And that he shall appear before the saids Lords of his Majesties privy Councill whensoever he shall be called for or required to that effect under the penaltie of one Thousand pounds Sterling money In case he shall transgress in any part of the premisses.

Att Edinburgh The Tuenty Tuo day of December Jaj vic nyntie six years

A1696/12/661

Act

Liberation The Earle of Aboyne

Anent the petition given in to the Lords of his Majesties privie Councill By Charles Earle of Aboyn Sheuing That wher the petitioner has been very valitudinary these severall years bypast And troubled with ane Infirmity not unknouen to severalls of their Lordships which upon the Least Confynment from his affairs aither in Contrey or City doeth extreamly Indispose him so that he Can neither eat nor sleep as it has been for many dayes with him since their Lordships were pleased to Committ him to the Castle wherby he is truly in hazard of his Life as the phisicans can attest And severall others Can shew to their Lordships And seeing the petitioner was never under any suspicion or ill Circumstances with the Government and is not resolved to Give them any occasion having Come with his wyfe to Edinburgh to attend the session for his Law bussness which has been much neglected in his absence And therfore humblie Craving their Lordships to sett the petitioner at Liberty Furth of the Castle of Edinburgh upon Continuing or renuing his bale att Least to be in the City for such tyme and upon such tearms as their Lordships shall think fitt as the said petition Bears The saids Lords of his Majesties privy Councill having Considered this petition given in to them by the Earle of Aboyn They heirby Recommend to and require David Earle of Leven Constable and Governour of the Castle of Edinburgh And in his absence Gives order and warrand to the nixt Commanding officer of the said Castle to sett the said Earle of Aboyn petitioner at Libertie furth therof And have Confyned and heirby Confynes the petitioner to the toune of Edinburgh and suburbs of the same In respect the petitioner before extracting heirof hath Given bond and found sufficient Caution acted in the books of privie Councill That he shall keep his said Confynment and not Goe uithout the bounds of the Same And in the mean tyme that he shall Live peacably under and with all Submission to the present government of his Majestie King William And that he shall not Act Consult nor Contrive any thing in prejudice therof nor shall not Converss or Correspond with any rebells And that he shall appear before the saids Lords of his Majesties privy Councill whensoever he shall be called for or required to that effect under the penaltie of one Thousand pounds Sterling money In case he shall transgress in any part of the premisses.

1. NRS, PC1/51, 74-5.

1. NRS, PC1/51, 74-5.

Order, 22 December 1696, Edinburgh

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Order

Recommendation The Keeper of Edinburgh and Cannongate tolbooths

The Lords of his Majesties privie Councill Doe heirby Recommend to the Lords Commissioners of his Majesties Thesaury to Give such allowance and ordaine the same to be presently advanced to the Keeper of the tolbooth of Edinburgh and the Keeper of the Cannongate tolbooth as their Lorships shall think sufficient for the present releiff of the needy Indigent prisoners in the saids tuo tolbooths To be divyded amongst them as Sir James Steuart his Majesties Advocat and Sir Patrick Home his Majesties Sollicitor shall direct or appoint And in the Mean tyme appointes his Majesties Sollicitor Instantly this night to advance a dollar per piece to each of the three persons follouing Viz Alexander Young William Smith and Thomas Weir prisoners in Edinburgh tolbooth.

Att Edinburgh The Tuenty Tuo day of December Jaj vic nyntie six years

A1696/12/651

Order

Recommendation The Keeper of Edinburgh and Cannongate tolbooths

The Lords of his Majesties privie Councill Doe heirby Recommend to the Lords Commissioners of his Majesties Thesaury to Give such allowance and ordaine the same to be presently advanced to the Keeper of the tolbooth of Edinburgh and the Keeper of the Cannongate tolbooth as their Lorships shall think sufficient for the present releiff of the needy Indigent prisoners in the saids tuo tolbooths To be divyded amongst them as Sir James Steuart his Majesties Advocat and Sir Patrick Home his Majesties Sollicitor shall direct or appoint And in the Mean tyme appointes his Majesties Sollicitor Instantly this night to advance a dollar per piece to each of the three persons follouing Viz Alexander Young William Smith and Thomas Weir prisoners in Edinburgh tolbooth.

1. NRS, PC1/51, 74.

1. NRS, PC1/51, 74.

Sederunt, 22 December 1696, Edinburgh

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Att Edinburgh The Tuenty Tuo day of December Jaj vic nyntie six years1

A1696/12/642

Sederunt

Lord Chancelor; Earl of Melvill; Earl of Mortoun; Earl of Lauderdale; Earl of Leven; Earl of Forfar; Lord Yester; Lord John Hamilton; Lord Carmichaell; Lord Advocat; Lord Justice Clerk; Lord Philiphaugh; Lord Halcraig; Lord Rankeilor; Laird of Pollock; Laird of Blackbarrony; Laird of Balhoussie; Provost of Edinburgh

Att Edinburgh The Tuenty Tuo day of December Jaj vic nyntie six years1

A1696/12/642

Sederunt

Lord Chancelor; Earl of Melvill; Earl of Mortoun; Earl of Lauderdale; Earl of Leven; Earl of Forfar; Lord Yester; Lord John Hamilton; Lord Carmichaell; Lord Advocat; Lord Justice Clerk; Lord Philiphaugh; Lord Halcraig; Lord Rankeilor; Laird of Pollock; Laird of Blackbarrony; Laird of Balhoussie; Provost of Edinburgh

1. NRS, PC1/51, 73.

2. NRS, PC1/51, 73.

1. NRS, PC1/51, 73.

2. NRS, PC1/51, 73.