Tag Archives: 25 January 1704

Act, 25 January 1704, Edinburgh

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Edinburgh the 25th Janwary 1704

D1704/1/141

Act

Act Infavours of Jannet Midletoun relict of the deceast Mr Robert Burnet

Anent the petition given in and presented to the Lords of Her Majesties privie Councill by Jannet Midleton Relict of the deceast Mr Robert Burnet Minister at Rayne and William Burnet his sone Shewing That where the said Deceast Mr Robert Burnet haveing died on the eleventh day of May last and haveing officiat by preaching and Celebrating the sacrament of Baptisme the sabath Immediately preceeding being the nynth day of the said moneth and being so suddenly Snatched away by death only three dayes before the Legall terme of Whitsonday which if he had survived The petitioner would by Law have had right to the half of the Stipend Jaj viic and three Jure proprio and to the other half Jure animatus and seing there was not so much as one Sabath Interveining betwixt his Deceas and the said Legall terme and that it is very weell knoune how Faithfully he discharged his Function of the Ministrie at the said Church dureing the many years he was incumbent there and that he had left the petitioners but in a very low and mean circumstance all which being represented to the united presbitries of Alfoord and Garioch and they being certainly informed therof Have by their act of the sixth of Janwary Instant Recomended the petitioners to the saids Lords Favour and Compassion and Seing her Majestie is patron of the said kirk and paroch of Rain and that it belonged to the saids Lords as Her Majestiest most honourable privie Councill to bestow and dispose upon the said stipend and that the petitioners povertie and Circumstances as weell as the equitie of the thing (the defunct as said is haveing served the cure till within three dayes of the terme) Did plead and requyre their Lordships favour and Compassion Therfore humblie Craveing that it might please the saids Lords to consider the premises and allow the petitioners the said years stipend Jaj viic and three The one half for the defuncts service and the other half for the ann and to ordain Letters of Horning and other executorialls needfull against the Heretors and others Lyable in payment therof Especially considering that no person can receave prejudice therby The vaccancy not being yet Supplied or any Legall Minister Setled As the said petition bears The Lords of Her Majesties privie Councill haveing considered the petition given in to them by Jannet Midletoun Relict of umquhille Mr Robert Burnet Minister at Rayne and William Burnet her sone And the samen being read in their presence The saids Lords Doe heirby Recomend the Consideration of the above petition to the Lords Commissioners of Her Majesties Theasaurie to grant the desyre therof

Edinburgh the 25th Janwary 1704

D1704/1/141

Act

Act Infavours of Jannet Midletoun relict of the deceast Mr Robert Burnet

Anent the petition given in and presented to the Lords of Her Majesties privie Councill by Jannet Midleton Relict of the deceast Mr Robert Burnet Minister at Rayne and William Burnet his sone Shewing That where the said Deceast Mr Robert Burnet haveing died on the eleventh day of May last and haveing officiat by preaching and Celebrating the sacrament of Baptisme the sabath Immediately preceeding being the nynth day of the said moneth and being so suddenly Snatched away by death only three dayes before the Legall terme of Whitsonday which if he had survived The petitioner would by Law have had right to the half of the Stipend Jaj viic and three Jure proprio and to the other half Jure animatus and seing there was not so much as one Sabath Interveining betwixt his Deceas and the said Legall terme and that it is very weell knoune how Faithfully he discharged his Function of the Ministrie at the said Church dureing the many years he was incumbent there and that he had left the petitioners but in a very low and mean circumstance all which being represented to the united presbitries of Alfoord and Garioch and they being certainly informed therof Have by their act of the sixth of Janwary Instant Recomended the petitioners to the saids Lords Favour and Compassion and Seing her Majestie is patron of the said kirk and paroch of Rain and that it belonged to the saids Lords as Her Majestiest most honourable privie Councill to bestow and dispose upon the said stipend and that the petitioners povertie and Circumstances as weell as the equitie of the thing (the defunct as said is haveing served the cure till within three dayes of the terme) Did plead and requyre their Lordships favour and Compassion Therfore humblie Craveing that it might please the saids Lords to consider the premises and allow the petitioners the said years stipend Jaj viic and three The one half for the defuncts service and the other half for the ann and to ordain Letters of Horning and other executorialls needfull against the Heretors and others Lyable in payment therof Especially considering that no person can receave prejudice therby The vaccancy not being yet Supplied or any Legall Minister Setled As the said petition bears The Lords of Her Majesties privie Councill haveing considered the petition given in to them by Jannet Midletoun Relict of umquhille Mr Robert Burnet Minister at Rayne and William Burnet her sone And the samen being read in their presence The saids Lords Doe heirby Recomend the Consideration of the above petition to the Lords Commissioners of Her Majesties Theasaurie to grant the desyre therof

1. NRS, PC2/28, 278v-279r.

1. NRS, PC2/28, 278v-279r.

Act, 25 January 1704, Edinburgh

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Edinburgh the 25th Janwary 1704

D1704/1/131

Act

Act Infavours of The Earle of Hoptoun

Anent the petition given in and presented to the Lords of her Majesties privie Councill by Charles Earle of Hoptoun Shewing That where the petitioners Tutors haveing severall years agoe caused build a wind milne at Leith for grinding and otherwayes refyneing the petitioners Lead oar which as it was a work of great Charge to the petitioner so it was reasonablie and profitablie designed for the petitioners benefite by his Tutors at the time and had a good effect Tho in regaird of a Bargain then concluded by his Tutors and some Merchants in Holland the petitioner hes not had occasion to make use of the said Milne till now that the forsaid bargain is at ane end The petitioner needed not informe the saids Lords that the Grinding and refyneing of the Lead oar at home in this Kingdome would be a great encurragement to the pottars and pottar trade as also the export therof so Refyned is of great benefite to the Countrie by help to keep a balance in trade upon these motives as weell as in view of his oune particular profite The petitioner Intended to Sett the said miln at work and for that end had agreed with John Smyth who is the only man understood in that manner of workmanship and who for prooff therof did sett up the saw milne at Leith, To Repair and put in order the said Leadmiln who haveing accordingly entered to the said work he is dayly molested and Interrupted by some pretended wrights Burgesses violently via facti without the order and concurrence of any Magistrat to the great damnage of the said work and to the petitioners prejudice therby albeit that it is sufficiently knoune that non of the saids wrights Burges of Edinburgh have ever been bred to such work or have any skill therin But by want therof when the said milne was first Built the petitioner is now necessitat to take doun most pairt of the work wherin they were Imployed and seing that therby so usefull a work is put to a Stopp and cannot be furder caried on without the Councils interposeing therin And therfore Craveing To the effect aftermentioned As the said petition bears The Lords of Her Majesties privie Councill haveing considered the said above petition given in to them by Charles Earle of Hoptoun and the Samen being read in their presence The saids Lords Doe heirby Discharge and prohibit all persons whatsomever now and in all time comeing To trouble molest or Interupt John Smyth wright or any other person or persons whatsomever That he shall Imploy under under him whether they be freemen of Edinburgh or not to Repairt and put in order the petitioners wind milne at Leith for grinding or otherways refyneing the petitioners Lead oar And for that effect ordains the Magistrats of Leith to give their due protection to the petitioners said work and workmen against all who shall presume to Interrupt the Same

Edinburgh the 25th Janwary 1704

D1704/1/131

Act

Act Infavours of The Earle of Hoptoun

Anent the petition given in and presented to the Lords of her Majesties privie Councill by Charles Earle of Hoptoun Shewing That where the petitioners Tutors haveing severall years agoe caused build a wind milne at Leith for grinding and otherwayes refyneing the petitioners Lead oar which as it was a work of great Charge to the petitioner so it was reasonablie and profitablie designed for the petitioners benefite by his Tutors at the time and had a good effect Tho in regaird of a Bargain then concluded by his Tutors and some Merchants in Holland the petitioner hes not had occasion to make use of the said Milne till now that the forsaid bargain is at ane end The petitioner needed not informe the saids Lords that the Grinding and refyneing of the Lead oar at home in this Kingdome would be a great encurragement to the pottars and pottar trade as also the export therof so Refyned is of great benefite to the Countrie by help to keep a balance in trade upon these motives as weell as in view of his oune particular profite The petitioner Intended to Sett the said miln at work and for that end had agreed with John Smyth who is the only man understood in that manner of workmanship and who for prooff therof did sett up the saw milne at Leith, To Repair and put in order the said Leadmiln who haveing accordingly entered to the said work he is dayly molested and Interrupted by some pretended wrights Burgesses violently via facti without the order and concurrence of any Magistrat to the great damnage of the said work and to the petitioners prejudice therby albeit that it is sufficiently knoune that non of the saids wrights Burges of Edinburgh have ever been bred to such work or have any skill therin But by want therof when the said milne was first Built the petitioner is now necessitat to take doun most pairt of the work wherin they were Imployed and seing that therby so usefull a work is put to a Stopp and cannot be furder caried on without the Councils interposeing therin And therfore Craveing To the effect aftermentioned As the said petition bears The Lords of Her Majesties privie Councill haveing considered the said above petition given in to them by Charles Earle of Hoptoun and the Samen being read in their presence The saids Lords Doe heirby Discharge and prohibit all persons whatsomever now and in all time comeing To trouble molest or Interupt John Smyth wright or any other person or persons whatsomever That he shall Imploy under under him whether they be freemen of Edinburgh or not to Repairt and put in order the petitioners wind milne at Leith for grinding or otherways refyneing the petitioners Lead oar And for that effect ordains the Magistrats of Leith to give their due protection to the petitioners said work and workmen against all who shall presume to Interrupt the Same

1. NRS, PC2/28, 277v-278v.

1. NRS, PC2/28, 277v-278v.

Procedure, 25 January 1704, Edinburgh

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Edinburgh the 25th Janwary 1704

D1704/1/121

Procedure

[Note of business]

In absence of the Lord high Chancelor and Lord president of privie Councill The Earle of Findlater elected preses

Edinburgh the 25th Janwary 1704

D1704/1/121

Procedure

[Note of business]

In absence of the Lord high Chancelor and Lord president of privie Councill The Earle of Findlater elected preses

1. NRS, PC2/28, 277v.

1. NRS, PC2/28, 277v.

Sederunt, 25 January 1704, Edinburgh

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Edinburgh the 25th Janwary 17041

D1704/1/112

Sederunt

Earl of Eglintoun; Earl of Loudoun; Earl of Findlater; Earl of Forfar; Earl of Dunmore; Earl of Rosberrie; Viscount Garnock; Viscount Primrose; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Lord Rankeilor; Lord Phesdo; Mr Fra: Montgomry; Laird of Collingtoun; Laird of Carnwath; Laird of Prestongraing; Lord Provost of Edinburgh

Edinburgh the 25th Janwary 17041

D1704/1/112

Sederunt

Earl of Eglintoun; Earl of Loudoun; Earl of Findlater; Earl of Forfar; Earl of Dunmore; Earl of Rosberrie; Viscount Garnock; Viscount Primrose; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Lord Rankeilor; Lord Phesdo; Mr Fra: Montgomry; Laird of Collingtoun; Laird of Carnwath; Laird of Prestongraing; Lord Provost of Edinburgh

1. NRS, PC2/28, 277v

2. NRS, PC2/28, 277v.

1. NRS, PC2/28, 277v

2. NRS, PC2/28, 277v.

Commission by the Council, 25 January 1704, Edinburgh

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Att Edinburgh the Tuenty fyfth day off January Jaj vijc and four years

A1704/1/471

Commission by the Council

Commissione In favours off Lodwick Cant off Thurstoun For hindering the Importation of English victwall

Anne By the Grace of God Queen off Great Breitan France and Ireland defender off the faith To all and sundrie our Leidges and subjects whom it effeires Greetting Forasmuchas By the Nynth act off the first session off our Current parliament, Entituled act Dischairging the Import off Irish victwall Beef and Catle, The Importing off Victwall From England or any other forraigne Countrie whatsomever (Excepting as is after excepted) into this Kingdome Is Expressly discharged under the paines and Certeficationes therin mentioned The Which Act maketh mention That we with advyce and Consent of the Estates off parliament Ratefie and approve the Thrid Act, Thrid Session second parliament, King Charles the second Jaj vjc and seventy two Entituled act againest the Importatione off Irish victwall or Catle Excepting the Clause in the second act Jaj vjc and Eighty six Thatt all the victwall That shall be imported shall be sunk and distroyed Declairing That in place therof It shall only be confiscat as in the former Act Jaj vjc seventy two And Farder For the more effectwall prohibition off the Importing off the said victwall prohibited to be Imported by the saids Laws We with advyce forsaid statute and Declair That all Importers off the said Irish victwall, als will the masters as seamen off the vessells wherin it is Imported as also The Recepters sellers, Retaillers, or Buyers theroff or any pairt therof wittingly, shall be not only lyable in the Fynes and penalties statute in the said act off parliament Jaj vjc and seventy two But Lykewayes all under the degree off Heretors, shall be delyvered to any scotts officers serving Her Majesties Alloyes abroad and to be transported by them For Recruits, when once Discovered and Convicted at any tyme withine the space off six moneths after ther said delinquencie Which Delinquencie may be Cognosed and tryed by any Judge ordinary And that at the Instance off any persone whatsomever That shall think fitt to accuse and to be proven prout de Jures, and which Judges ordinary are heirby fully Impoured for that effect Lykeas for preventing all such Connivance or Collusion in this matter The Seizar off any such victwall Imported Who for his encurragement Is Declaired by the said Act Jaj vjc Eighty Six To have the vessell wherin the Import was made To be disposed off as his oune Shall be obleidged first to make the victwall furth comeing to the said Judge ordinary without any Diminution or Imbazlement, and the forsaid Judges is Immediatly to give ane account therof To the Lords off Theasaury To the effect they may order the same to be transported furth off the Kingdome with the First Conveniencie The product wheroff shall belong to the said seizer or Discoverer And iff the said Judge ordinary shall failzie therin or shall any manner off way Collide or Conive with the forsaid Importers or shall accept of a bribe from them Either Directly or Indirectly by servants or other wayes Intrusted or Imployed by him For that effect or shall Transact or Compone with the saids Importers or any others for there behove or other wayes then in the precise termes off the acts of parliament above mentioned Then and in either off the saids caices The said Judge ordinary Shall be fyned in the soume off ane Thousand pound scotts money toties quoties The said Thousand pounds To belongt wholly to the Informer and farder shall be Declared Incapable of all publict trust for ever hereafter And It is further heirby provyded and Declaired That it shall be Laufull for any persone whatsomever To informe againest and prosecute the saids Judges ordinary befoir the Lords off our privie Councill, Lords of Session, Commissioners of Justiciary or other Judges compitent as they shall think Fitt, And that at any tyme withine two years affter committing off the Facts And Farder We with advyce and Consent forsaid Extended and theirby Ratefied the forsaids Acts, as also this present act with the prohibitione and paines therin Contained againest all Importines By sea or Land And all buying, selling, Resetting, and Retailling, wittinly off any victwall From England or any Countrie whatsomever into this Kingdome Excepting allwayes That wheat peise, and Beans, For seed may be Imported from England upone payment off Fourty shilling more then the ordinary Custome per Boll off duely Imported and Entred or otherwayes the said Import off the said wheat, peas, and Beans, Though by Land shall be judged ane unlaufull Import and Lyable to the paines abovementioned attour the Confiscatione of the horses that shall be made use off for the said Import and therby Rescinds, Casses and annulls all acts and Clauses off acts Impouering the Lords off privie Councill To give licence for Importing victwall Except in the caice of dearth therin contained And wee Considering the best and fittest way for makeing the saids acts off parliament effectwall To be the Commissionating some persones of vigilancie fidelity and Care With power to appoynt servants and others to watch alongest the borders and sea coasts off this Kingdome wher victwall is brought in and Imported Therfore we with advyce off the Lords of our privy Councill Doe heirby Grant full power authority and Commissione To Lodovick Cant younger off Thirstoun By him self and his Deputs and servants and such as he shall think fit to appoint for whom he is to be answerable To search For seize and apprehend all English and forraigne victwall Importing from England into this Kingdome From and affter the date heirof (Excepting as above wheat, peise and Beans for seed) And that from Leith To the border at Berwick and from thence to Alison Bank boeth Inclusive And the said Lodovick Cant and these intrusted by him are heirby authorized to cause seize and apprehend all shipps, barks boats, and other veshells wherin the said victwall shall be imported by sea and horses and other beasts wheron the said victwall shall be imported by Land within the bounds above mentioned To dipose therone at their pleasure for ther owen use and behove And are lykewayes requyred to put the haill heads Clauses and articles off the seaverall acts off parliament abovementioned Relaiting to the Imporating off English victwall to Exact and punctwall executione againest the transgressors off the samen or persones lyable to the observance theroff And for the more effectwall prosecution off this our Commissione We with advyce forsaid Grant full power and authority to our said Commissioner and his freinds within the Bounds above mentioned To cause seize all Barks and Traveling boats whatsomever plyeing or lyeing on the saids Coasts untill the skippers and owners theroff find Caution to him That they shall import nor English victwall for heirafter and to seize all horses and other Beasts wherin the said victwall shall be imported by Land within the bounds above mentioned and the owners theroff to find Caution to him That they shall Import noe English victuall for hereafter under the paines Contained in the acts off parliament made theranent With power to our said Commissioner and his Forsaids To search all Boats, Barks or other vessells wherin any English or forraigne victwall may be suspected to be and upon discoverie theroff To put the Lawes and acts off parliament made againest Importing off the samen to executione And if upon pregnant presumptiones our said Commissioner and these Intrusted by him shall suspect any persons guilty off Importing any English or Forraigne victwall forsaid within the bounds above mentioned They are heirby authorized To Conveen any such persone or persones in the termes off the act off parliament befoir the neirest Magistrat to Burgh off Landward and laid all manner of probation againest them or againest the Resetters, sellers, Retaillers, or buyers therof or any pairt off the same wittingly pro utde Jure Wherupon the saids Magistrats are to give present and ready Justice And Farder all shirriffs stewarts, Baillies of Regality and Barronie and their Deputs and all heretors are hereby ordered to give there speedy assisstance To our said Commissioner and those Intrusted by him when ever they shall be requyred For the more effectwall Executione theroff As also the officers of any Garison or Troups within the forsaid bounds shall be obleidged and are heirby Requyred to Concurr and assist For the more effectwall Executione off the Law with a pairty off souldiers as they shall be desired upone any Extraordinary occasione And the said Lodowick Cant and these intrusted by him are heirby Impoured by order off the Magistrats of the place to send any persones to prison found guilty off Contraveening off the forsaids Laws and Acts off parliament againest Importing off English and Forraigne victuall The saids Magistrats being allwayes free off the prisoners Charigers Lykeas we with advice and Consent Forsaid Doe heirby appoynt and ordaine The victwall sure to be seized By the said Lodwick Cant within the bounds abovementioned To be made furthcomeing to the Judge ordinary off the Bounds wher the samen shall be seized without any diminution or Imazlement and the Forsaid Judge Is immediatly to give ane account theroff To the Lords off our Theasaury To the effect that they may order the samen to be transported furth off the Kingdome with the First Conveniencie The product wherof shall belong to our said Commissioner And in caice any persone or persones shall make open Resistance Againest the said Lodvick Cant and his forsaids or any called to their assistance by them soe that there shall happen, Blood shed, Mutilation or slaughter to follow through the said Resistance The said Lodvick Cant or these intrusted by him or giveing assistance to them shall never be Called in question Civilly nor Criminally for the same in tyme Comeing And it is heirby Declaired That the said Lodvick Cant befoir takeing out off this Commission shall Find sufficient Caution acted in the Books of privy Councill That for every boat with English or Forraigne victwall That shall be imported within the bounds forsaid after the date hereof and shall not be seazed by him or these Intrusted By him and that shall make their escape by his neglect or Coneivance He shall be lyable and make payment to the Receaver off our Croun rents The soume off ane Hundereth pound sterling and for each load of victwall That shall be imported and not seazed by his Neglect or Coneivance as above He shall make payment to the persones abovenamed off the soume off Six pound scotts money And for the said Lodvick Cants furder Incurradgement Wee with advyce forsaid allow him to Retain and apply For his owen use and behove The whole fynes provyded and payable to us by the Laws and acts off parliament made againest Importing English victwall and this Commission to Endure and Continue ay and whyle the same be recalled Lykeas We with advyce forsaid hereby Recall make voyd and anull all former Commissiones Granted by us or our privy Councill To any persone or persones whatsomever Off and concerning the premisses Given att Edinburgh the tuenty fyfth day of January and of our Rigne the second year 1704 Sic Subscribitur Findlater J:P:d Loudoun Eglingtoune Roseberrie Garnock Robert McKenzie James Steuart, Primrose F Montgomrie George Lockhart James Foulis

Att Edinburgh the Tuenty fyfth day off January Jaj vijc and four years

A1704/1/471

Commission by the Council

Commissione In favours off Lodwick Cant off Thurstoun For hindering the Importation of English victwall

Anne By the Grace of God Queen off Great Breitan France and Ireland defender off the faith To all and sundrie our Leidges and subjects whom it effeires Greetting Forasmuchas By the Nynth act off the first session off our Current parliament, Entituled act Dischairging the Import off Irish victwall Beef and Catle, The Importing off Victwall From England or any other forraigne Countrie whatsomever (Excepting as is after excepted) into this Kingdome Is Expressly discharged under the paines and Certeficationes therin mentioned The Which Act maketh mention That we with advyce and Consent of the Estates off parliament Ratefie and approve the Thrid Act, Thrid Session second parliament, King Charles the second Jaj vjc and seventy two Entituled act againest the Importatione off Irish victwall or Catle Excepting the Clause in the second act Jaj vjc and Eighty six Thatt all the victwall That shall be imported shall be sunk and distroyed Declairing That in place therof It shall only be confiscat as in the former Act Jaj vjc seventy two And Farder For the more effectwall prohibition off the Importing off the said victwall prohibited to be Imported by the saids Laws We with advyce forsaid statute and Declair That all Importers off the said Irish victwall, als will the masters as seamen off the vessells wherin it is Imported as also The Recepters sellers, Retaillers, or Buyers theroff or any pairt therof wittingly, shall be not only lyable in the Fynes and penalties statute in the said act off parliament Jaj vjc and seventy two But Lykewayes all under the degree off Heretors, shall be delyvered to any scotts officers serving Her Majesties Alloyes abroad and to be transported by them For Recruits, when once Discovered and Convicted at any tyme withine the space off six moneths after ther said delinquencie Which Delinquencie may be Cognosed and tryed by any Judge ordinary And that at the Instance off any persone whatsomever That shall think fitt to accuse and to be proven prout de Jures, and which Judges ordinary are heirby fully Impoured for that effect Lykeas for preventing all such Connivance or Collusion in this matter The Seizar off any such victwall Imported Who for his encurragement Is Declaired by the said Act Jaj vjc Eighty Six To have the vessell wherin the Import was made To be disposed off as his oune Shall be obleidged first to make the victwall furth comeing to the said Judge ordinary without any Diminution or Imbazlement, and the forsaid Judges is Immediatly to give ane account therof To the Lords off Theasaury To the effect they may order the same to be transported furth off the Kingdome with the First Conveniencie The product wheroff shall belong to the said seizer or Discoverer And iff the said Judge ordinary shall failzie therin or shall any manner off way Collide or Conive with the forsaid Importers or shall accept of a bribe from them Either Directly or Indirectly by servants or other wayes Intrusted or Imployed by him For that effect or shall Transact or Compone with the saids Importers or any others for there behove or other wayes then in the precise termes off the acts of parliament above mentioned Then and in either off the saids caices The said Judge ordinary Shall be fyned in the soume off ane Thousand pound scotts money toties quoties The said Thousand pounds To belongt wholly to the Informer and farder shall be Declared Incapable of all publict trust for ever hereafter And It is further heirby provyded and Declaired That it shall be Laufull for any persone whatsomever To informe againest and prosecute the saids Judges ordinary befoir the Lords off our privie Councill, Lords of Session, Commissioners of Justiciary or other Judges compitent as they shall think Fitt, And that at any tyme withine two years affter committing off the Facts And Farder We with advyce and Consent forsaid Extended and theirby Ratefied the forsaids Acts, as also this present act with the prohibitione and paines therin Contained againest all Importines By sea or Land And all buying, selling, Resetting, and Retailling, wittinly off any victwall From England or any Countrie whatsomever into this Kingdome Excepting allwayes That wheat peise, and Beans, For seed may be Imported from England upone payment off Fourty shilling more then the ordinary Custome per Boll off duely Imported and Entred or otherwayes the said Import off the said wheat, peas, and Beans, Though by Land shall be judged ane unlaufull Import and Lyable to the paines abovementioned attour the Confiscatione of the horses that shall be made use off for the said Import and therby Rescinds, Casses and annulls all acts and Clauses off acts Impouering the Lords off privie Councill To give licence for Importing victwall Except in the caice of dearth therin contained And wee Considering the best and fittest way for makeing the saids acts off parliament effectwall To be the Commissionating some persones of vigilancie fidelity and Care With power to appoynt servants and others to watch alongest the borders and sea coasts off this Kingdome wher victwall is brought in and Imported Therfore we with advyce off the Lords of our privy Councill Doe heirby Grant full power authority and Commissione To Lodovick Cant younger off Thirstoun By him self and his Deputs and servants and such as he shall think fit to appoint for whom he is to be answerable To search For seize and apprehend all English and forraigne victwall Importing from England into this Kingdome From and affter the date heirof (Excepting as above wheat, peise and Beans for seed) And that from Leith To the border at Berwick and from thence to Alison Bank boeth Inclusive And the said Lodovick Cant and these intrusted by him are heirby authorized to cause seize and apprehend all shipps, barks boats, and other veshells wherin the said victwall shall be imported by sea and horses and other beasts wheron the said victwall shall be imported by Land within the bounds above mentioned To dipose therone at their pleasure for ther owen use and behove And are lykewayes requyred to put the haill heads Clauses and articles off the seaverall acts off parliament abovementioned Relaiting to the Imporating off English victwall to Exact and punctwall executione againest the transgressors off the samen or persones lyable to the observance theroff And for the more effectwall prosecution off this our Commissione We with advyce forsaid Grant full power and authority to our said Commissioner and his freinds within the Bounds above mentioned To cause seize all Barks and Traveling boats whatsomever plyeing or lyeing on the saids Coasts untill the skippers and owners theroff find Caution to him That they shall import nor English victwall for heirafter and to seize all horses and other Beasts wherin the said victwall shall be imported by Land within the bounds above mentioned and the owners theroff to find Caution to him That they shall Import noe English victuall for hereafter under the paines Contained in the acts off parliament made theranent With power to our said Commissioner and his Forsaids To search all Boats, Barks or other vessells wherin any English or forraigne victwall may be suspected to be and upon discoverie theroff To put the Lawes and acts off parliament made againest Importing off the samen to executione And if upon pregnant presumptiones our said Commissioner and these Intrusted by him shall suspect any persons guilty off Importing any English or Forraigne victwall forsaid within the bounds above mentioned They are heirby authorized To Conveen any such persone or persones in the termes off the act off parliament befoir the neirest Magistrat to Burgh off Landward and laid all manner of probation againest them or againest the Resetters, sellers, Retaillers, or buyers therof or any pairt off the same wittingly pro utde Jure Wherupon the saids Magistrats are to give present and ready Justice And Farder all shirriffs stewarts, Baillies of Regality and Barronie and their Deputs and all heretors are hereby ordered to give there speedy assisstance To our said Commissioner and those Intrusted by him when ever they shall be requyred For the more effectwall Executione theroff As also the officers of any Garison or Troups within the forsaid bounds shall be obleidged and are heirby Requyred to Concurr and assist For the more effectwall Executione off the Law with a pairty off souldiers as they shall be desired upone any Extraordinary occasione And the said Lodowick Cant and these intrusted by him are heirby Impoured by order off the Magistrats of the place to send any persones to prison found guilty off Contraveening off the forsaids Laws and Acts off parliament againest Importing off English and Forraigne victuall The saids Magistrats being allwayes free off the prisoners Charigers Lykeas we with advice and Consent Forsaid Doe heirby appoynt and ordaine The victwall sure to be seized By the said Lodwick Cant within the bounds abovementioned To be made furthcomeing to the Judge ordinary off the Bounds wher the samen shall be seized without any diminution or Imazlement and the Forsaid Judge Is immediatly to give ane account theroff To the Lords off our Theasaury To the effect that they may order the samen to be transported furth off the Kingdome with the First Conveniencie The product wherof shall belong to our said Commissioner And in caice any persone or persones shall make open Resistance Againest the said Lodvick Cant and his forsaids or any called to their assistance by them soe that there shall happen, Blood shed, Mutilation or slaughter to follow through the said Resistance The said Lodvick Cant or these intrusted by him or giveing assistance to them shall never be Called in question Civilly nor Criminally for the same in tyme Comeing And it is heirby Declaired That the said Lodvick Cant befoir takeing out off this Commission shall Find sufficient Caution acted in the Books of privy Councill That for every boat with English or Forraigne victwall That shall be imported within the bounds forsaid after the date hereof and shall not be seazed by him or these Intrusted By him and that shall make their escape by his neglect or Coneivance He shall be lyable and make payment to the Receaver off our Croun rents The soume off ane Hundereth pound sterling and for each load of victwall That shall be imported and not seazed by his Neglect or Coneivance as above He shall make payment to the persones abovenamed off the soume off Six pound scotts money And for the said Lodvick Cants furder Incurradgement Wee with advyce forsaid allow him to Retain and apply For his owen use and behove The whole fynes provyded and payable to us by the Laws and acts off parliament made againest Importing English victwall and this Commission to Endure and Continue ay and whyle the same be recalled Lykeas We with advyce forsaid hereby Recall make voyd and anull all former Commissiones Granted by us or our privy Councill To any persone or persones whatsomever Off and concerning the premisses Given att Edinburgh the tuenty fyfth day of January and of our Rigne the second year 1704 Sic Subscribitur Findlater J:P:d Loudoun Eglingtoune Roseberrie Garnock Robert McKenzie James Steuart, Primrose F Montgomrie George Lockhart James Foulis

1. NRS, PC1/53, 134-9.

1. NRS, PC1/53, 134-9.

Procedure, 25 January 1704, Edinburgh

Posted on by

Att Edinburgh the Tuenty fyfth day off January Jaj vijc and four years

A1704/1/461

Procedure

Recommendation to the Former Committee annent the plot To Examine Frazers brother and the post master of Inverness

Sir James Steuart Her Majesties Advocat Haveing Represented to the Councill That […] Frazer brother German to Kilduthill and […] Frazer postmaster att Inverness were come from the north to Edinburgh and were at present in there Tolbuith The Lords of Her Majesties privy Councill Doe heirby Recommend to the former Committee appoynted annent Ill practices and designes Carried on againest the Government To meet to morrow at Two off the Clock in the affternoon and Call for and Examine them and Report to the Councill with these Conveniencie.

Att Edinburgh the Tuenty fyfth day off January Jaj vijc and four years

A1704/1/461

Procedure

Recommendation to the Former Committee annent the plot To Examine Frazers brother and the post master of Inverness

Sir James Steuart Her Majesties Advocat Haveing Represented to the Councill That […] Frazer brother German to Kilduthill and […] Frazer postmaster att Inverness were come from the north to Edinburgh and were at present in there Tolbuith The Lords of Her Majesties privy Councill Doe heirby Recommend to the former Committee appoynted annent Ill practices and designes Carried on againest the Government To meet to morrow at Two off the Clock in the affternoon and Call for and Examine them and Report to the Councill with these Conveniencie.

1. NRS, PC1/53, 134.

1. NRS, PC1/53, 134.

Warrant, 25 January 1704, Edinburgh

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Att Edinburgh the Tuenty fyfth day off January Jaj vijc and four years

A1704/1/451

Warrant

Warrand to the Macers off Councill To Requyre Sir Robert Mylne off Bartoun To reproduce the Inventar off the wrytts of the Charter Chist off the Earle off Kincairdine

The Lord Advocat Haveing Represented to the Councill That Sir Robert Miln off Barntoun Hade in the year 1687 Borrowed out of the Charter Chist off the Estate off Kinkairden The Inventar off the wrytts Contained in the said Charter Chist consisting off Fourthteen wryten leaves and that he had granted his recept for the samen and had never as yet Redelyvered the samen Therfor The Lords off Her Majesties privy Councill Doe heirby order and warrand to ther Macers To goe and requyre the said Sir Robert aither to Redelyver the samen to the Clerks off Councill upon his cutting up his Recept or ells Give in his Reasones to the Councill nixt Councill Day in the Conterar.

Att Edinburgh the Tuenty fyfth day off January Jaj vijc and four years

A1704/1/451

Warrant

Warrand to the Macers off Councill To Requyre Sir Robert Mylne off Bartoun To reproduce the Inventar off the wrytts of the Charter Chist off the Earle off Kincairdine

The Lord Advocat Haveing Represented to the Councill That Sir Robert Miln off Barntoun Hade in the year 1687 Borrowed out of the Charter Chist off the Estate off Kinkairden The Inventar off the wrytts Contained in the said Charter Chist consisting off Fourthteen wryten leaves and that he had granted his recept for the samen and had never as yet Redelyvered the samen Therfor The Lords off Her Majesties privy Councill Doe heirby order and warrand to ther Macers To goe and requyre the said Sir Robert aither to Redelyver the samen to the Clerks off Councill upon his cutting up his Recept or ells Give in his Reasones to the Councill nixt Councill Day in the Conterar.

1. NRS, PC1/53, 134.

1. NRS, PC1/53, 134.

Order, 25 January 1704, Edinburgh

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Att Edinburgh the Tuenty fyfth day off January Jaj vijc and four years

A1704/1/441

Order

Recommendation to My Lord Advocat To speak with Livetennent Generall Ramsay anent forces to be allowed to Mr Patrick Ogilvie

The Lords of Her Majesties privy Councill Doe heirby Recommend to Sir James Steuart Her Majesties Advocat To speak with Livetennent Generall George Ramsay Commander in Cheiff off Her Majesties forces within this Kingdome To Cause without delay send ane pairty of Her Majesties forces To assist Master Patrick Ogilvie in the Executione off his Commissione annent the Importation off Irish victuall.

Att Edinburgh the Tuenty fyfth day off January Jaj vijc and four years

A1704/1/441

Order

Recommendation to My Lord Advocat To speak with Livetennent Generall Ramsay anent forces to be allowed to Mr Patrick Ogilvie

The Lords of Her Majesties privy Councill Doe heirby Recommend to Sir James Steuart Her Majesties Advocat To speak with Livetennent Generall George Ramsay Commander in Cheiff off Her Majesties forces within this Kingdome To Cause without delay send ane pairty of Her Majesties forces To assist Master Patrick Ogilvie in the Executione off his Commissione annent the Importation off Irish victuall.

1. NRS, PC1/53, 134.

1. NRS, PC1/53, 134.

Procedure, 25 January 1704, Edinburgh

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Att Edinburgh the Tuenty fyfth day off January Jaj vijc and four years

A1704/1/431

Procedure

[Finlatter elected Preses]

In absence of the Lord High Chancellour and Lord president of privy Councill The Earle of Finlatter Elected preces.

Att Edinburgh the Tuenty fyfth day off January Jaj vijc and four years

A1704/1/431

Procedure

[Finlatter elected Preses]

In absence of the Lord High Chancellour and Lord president of privy Councill The Earle of Finlatter Elected preces.

1. NRS, PC1/53, 133.

1. NRS, PC1/53, 133.

Sederunt, 25 January 1704, Edinburgh

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Att Edinburgh the Tuenty fyfth day off January Jaj vijc and four years1

A1704/1/422

Sederunt

Earl of Eglintoun; Earl of Loudoun; Earl of Finlatter; Earl of Forfar; Earl of Dunmore; Earl of Roseberry; Viscount Garnock; Viscount Primrose; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Lord Rankeillor; Lord Phesdo; Mr Francis Montgomry; Laird of Collingtoun; Laird of Carnwath; Laird of Prestongrange; Lord Provost of Edinburgh

Att Edinburgh the Tuenty fyfth day off January Jaj vijc and four years1

A1704/1/422

Sederunt

Earl of Eglintoun; Earl of Loudoun; Earl of Finlatter; Earl of Forfar; Earl of Dunmore; Earl of Roseberry; Viscount Garnock; Viscount Primrose; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Lord Rankeillor; Lord Phesdo; Mr Francis Montgomry; Laird of Collingtoun; Laird of Carnwath; Laird of Prestongrange; Lord Provost of Edinburgh

1. NRS, PC1/53, 133.

2. NRS, PC1/53, 133.

1. NRS, PC1/53, 133.

2. NRS, PC1/53, 133.