Tag Archives: 27 July 1699

Act, 27 July 1699, Edinburgh

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Att Edinburgh the Twentie Seventh of July Jaj vic Nyntie Nyne

D1699/7/191

Act

Act John Hay merchant

Anent the petition given in to the Lords of his majesties privy Councill be John Hay merchant in Edinburgh Shewing That wher the petitioner haveing long before ther was any word of the late prohibition in his Comone course of trade Commissioned severall parcells of goods among which ther is broad cloath and worset Stuffs now prohibited It was humbly represented to the saids Lords that ther could be no designe in the petitioner to anticipat or frustrat the said act of Councill Because the goods were all Commissioned and bought in May last and were Shipped from London before the date of the proclamatione as would be made appear by bills of parcells and Loadning to the Satisfactione of any of the saids Lords number, That should be appointed to inspect the same and farder the ship was Cleared at the Custom house and Sailled from London Severall dayes before the prohibitione all which was intimat to the Custome house officers of Leith, and instruments taken therupon And Therfore Humbly Craveing the saids Lords would take the premisses to your Consideratione and to Declare the Same to be Lyable to no seazure Bot to allow your petitioners to Import the saids Cloathes Stuffs and Stockings and to Grant warrand to the officers of the Custome house of Leith to admitt the same to ane entrie as the said petition bears. Which petition being upon the Twelth day of the said moneth of July read in presence of the saids Lords They by their delyverance theron, appointed a Committie of their oun number to Consider the same and to see the severall instructiones therof And Recomended to the Committie to make their report to the Councill how farr they find the said petitione instructed And what part therof is not instructed And the Said Comittie haveing accordingly mett upon the twenty first of the said moneth of July and year forsaid and made their report to the Councill And to the saids Lords of his Majesties privy Councill Haveing this day Considered the said petition with the report of the Comittie made therupon, They hereby Declare the goods after insert in the petitioners oath and Inventar under wryten to be Lyable to no Seizur and Discharges the tacsmen and officers of the Custome house under them to seaze therupon And that in respect the said petitioner before extracting hereof hath Compeared in presence of Sir James Stewart his majesties advocat and one of his majesties privy Councill and made Inventar and given his oath That the goods of the Foraigne woollen manufactorie Imported by him from London are as Followes Viz Nyntein yeards one quarter fyne Crimsone drap Cloath, Fourtein yeards fyne Stone gray ditto Twentie two yeards and half fyne Croram Coullour ditto, Twentie fyve yeards fyne flesh Colloured ditto, Nyntein yeards thrie quarters fyne pearled Collour ditto Twentie Seven yeards fyne Sinamon Collour, ditto, Twentie fyve yeards fyne Spanish black ditto, Fourtein yeards fyne ditto, Twentie four yeards thrie quarters fyne Spanish Black, Fyftein yeards one quarters ditto, It Two hundred and six yeards and ane half In all in Two bundles I:B:N:3:4, And also In Respect the petitioner hath given bond and found Sufficient Caution acted in the books of privy Councill that he shall transport the saids goods abovewryten insert in his oath furth of this kingdome betwixt and the […] day of […] under the penaltie of the value of the saids goods belonging to the petitioner, And Discharges any part of the said Cloath to be taken out of the toune of Leith and Ordaines them to lye in the custome house till they be transported furth of this kingdome As said is.

Att Edinburgh the Twentie Seventh of July Jaj vic Nyntie Nyne

D1699/7/191

Act

Act John Hay merchant

Anent the petition given in to the Lords of his majesties privy Councill be John Hay merchant in Edinburgh Shewing That wher the petitioner haveing long before ther was any word of the late prohibition in his Comone course of trade Commissioned severall parcells of goods among which ther is broad cloath and worset Stuffs now prohibited It was humbly represented to the saids Lords that ther could be no designe in the petitioner to anticipat or frustrat the said act of Councill Because the goods were all Commissioned and bought in May last and were Shipped from London before the date of the proclamatione as would be made appear by bills of parcells and Loadning to the Satisfactione of any of the saids Lords number, That should be appointed to inspect the same and farder the ship was Cleared at the Custom house and Sailled from London Severall dayes before the prohibitione all which was intimat to the Custome house officers of Leith, and instruments taken therupon And Therfore Humbly Craveing the saids Lords would take the premisses to your Consideratione and to Declare the Same to be Lyable to no seazure Bot to allow your petitioners to Import the saids Cloathes Stuffs and Stockings and to Grant warrand to the officers of the Custome house of Leith to admitt the same to ane entrie as the said petition bears. Which petition being upon the Twelth day of the said moneth of July read in presence of the saids Lords They by their delyverance theron, appointed a Committie of their oun number to Consider the same and to see the severall instructiones therof And Recomended to the Committie to make their report to the Councill how farr they find the said petitione instructed And what part therof is not instructed And the Said Comittie haveing accordingly mett upon the twenty first of the said moneth of July and year forsaid and made their report to the Councill And to the saids Lords of his Majesties privy Councill Haveing this day Considered the said petition with the report of the Comittie made therupon, They hereby Declare the goods after insert in the petitioners oath and Inventar under wryten to be Lyable to no Seizur and Discharges the tacsmen and officers of the Custome house under them to seaze therupon And that in respect the said petitioner before extracting hereof hath Compeared in presence of Sir James Stewart his majesties advocat and one of his majesties privy Councill and made Inventar and given his oath That the goods of the Foraigne woollen manufactorie Imported by him from London are as Followes Viz Nyntein yeards one quarter fyne Crimsone drap Cloath, Fourtein yeards fyne Stone gray ditto Twentie two yeards and half fyne Croram Coullour ditto, Twentie fyve yeards fyne flesh Colloured ditto, Nyntein yeards thrie quarters fyne pearled Collour ditto Twentie Seven yeards fyne Sinamon Collour, ditto, Twentie fyve yeards fyne Spanish black ditto, Fourtein yeards fyne ditto, Twentie four yeards thrie quarters fyne Spanish Black, Fyftein yeards one quarters ditto, It Two hundred and six yeards and ane half In all in Two bundles I:B:N:3:4, And also In Respect the petitioner hath given bond and found Sufficient Caution acted in the books of privy Councill that he shall transport the saids goods abovewryten insert in his oath furth of this kingdome betwixt and the […] day of […] under the penaltie of the value of the saids goods belonging to the petitioner, And Discharges any part of the said Cloath to be taken out of the toune of Leith and Ordaines them to lye in the custome house till they be transported furth of this kingdome As said is.

1. NRS, PC2/27, 234v-236r.

1. NRS, PC2/27, 234v-236r.

Act, 27 July 1699, Edinburgh

Posted on by

Att Edinburgh the Twentie Seventh of July Jaj vic Nyntie Nyne

D1699/7/181

Act

Act Charles Gray Merchant

Anent the petition given into the Lords of his Majesties privy Councill be Charles Gray merchant in Edinburgh Shewing That wher the petitioner haveing before ther was any word of the late prohibition in his Comon Course of trade Commissioned severall parcells of goods among which ther is broad Cloath and worset stuffs now prohibited It was humbly represented to the saids Lords That ther could be no designe in the petitioner to anticipat or frustrat the said act of Councill, Because the goods were all Commissioned and bought in May last and were Shipped from London before the date of the proclamation as would be made appear by bills of parcells and loadening to the Satisfaction of any of the saids Lords number that should be appointed to inspect the same And furder the ship was cleared at the custome house and sailled from London Severall dayes before the prohibition all which was intimat to the Custome house officers of Leith and instrument taken therupon And Therfore humbly Craveing the saids Lords would be pleased to take the premisses to their Consideration and to declair the same to be Lyable to no Seazure Bot to allow the petitioner to Import the said Cloaths Stuffs and Stockings and to grant warrand to the officers of the Custom house of Leith to admitt the Same to ane entrie as the petitione bears Which petition being upon the Twelth day of the said moneth of July read in presence of the saids Lords, They by their delyverance theron appointed a Committie of their oun number to Consider the Same and to see the severall instructiones therof and Recommended to the Committie to make their report to the Councill How farr they find the said petitione instructed and what part therof was not instructed And the said Committie haveing accordingly mett upon the twenty one of the said moneth of July and year forsaid and made their report to the Councill, And the saids Lords of his majesties privy Councill Haveing this day Considered the said petition with the report of the Committie made therupon They hereby Declair the goods after insert in the petitioners oath and inventar to be Lyable to no Seizure And Discharges the taxsmen and officers of the Custom house under them to seize therupon And that in respect the petitioner before extracting hereof hath Compeared in presences of George Home of Kello present Lord Provest of Edinburgh and one of his majesties privy Councill and made Inventar and given his oath that the goods of the Foraigne woollen Manufactory Imported by him from London are as followes Viz Number 1st: Twentie thrie yeards of Cloath No 2: Ten yeards ditto N: 3d Ten yeards and one half ditto. N: 4th fourtein yeards and a half ditto. N5: Ten yeards and ane half ditto. No6: Ten yeards and a half ditto. N7th:2 Eleven yeards Therie quarters ditto N8: Ten yeards and thrie quarters ditto N:9: Ten yeards and ane half ditto N10th Threttie yeards ditto N11th Ten yeards ditto Consisting of all To ane hundred and Fiftie one yeards and one half Item Eightein yeards of blew Case for wrapers Four piece of Camplett And alse In Respect the petitioner hath given bond and found Sufficient Cautione acted in the books of privy Councill that he shall transport the saids goods abovewrittin insert in his oath furth of this kingdom betwixt and the first day of January Jaj vic Nyntie Nyne years under the penalty of the value of the saids goods belonging to the petitioner and discharges any part of the said Cloath and worsett stuff to be taken out of the toune of Leith And Ordaines them to lye in the Custome house till they be transported furth of this kingdome as said is.

Att Edinburgh the Twentie Seventh of July Jaj vic Nyntie Nyne

D1699/7/181

Act

Act Charles Gray Merchant

Anent the petition given into the Lords of his Majesties privy Councill be Charles Gray merchant in Edinburgh Shewing That wher the petitioner haveing before ther was any word of the late prohibition in his Comon Course of trade Commissioned severall parcells of goods among which ther is broad Cloath and worset stuffs now prohibited It was humbly represented to the saids Lords That ther could be no designe in the petitioner to anticipat or frustrat the said act of Councill, Because the goods were all Commissioned and bought in May last and were Shipped from London before the date of the proclamation as would be made appear by bills of parcells and loadening to the Satisfaction of any of the saids Lords number that should be appointed to inspect the same And furder the ship was cleared at the custome house and sailled from London Severall dayes before the prohibition all which was intimat to the Custome house officers of Leith and instrument taken therupon And Therfore humbly Craveing the saids Lords would be pleased to take the premisses to their Consideration and to declair the same to be Lyable to no Seazure Bot to allow the petitioner to Import the said Cloaths Stuffs and Stockings and to grant warrand to the officers of the Custom house of Leith to admitt the Same to ane entrie as the petitione bears Which petition being upon the Twelth day of the said moneth of July read in presence of the saids Lords, They by their delyverance theron appointed a Committie of their oun number to Consider the Same and to see the severall instructiones therof and Recommended to the Committie to make their report to the Councill How farr they find the said petitione instructed and what part therof was not instructed And the said Committie haveing accordingly mett upon the twenty one of the said moneth of July and year forsaid and made their report to the Councill, And the saids Lords of his majesties privy Councill Haveing this day Considered the said petition with the report of the Committie made therupon They hereby Declair the goods after insert in the petitioners oath and inventar to be Lyable to no Seizure And Discharges the taxsmen and officers of the Custom house under them to seize therupon And that in respect the petitioner before extracting hereof hath Compeared in presences of George Home of Kello present Lord Provest of Edinburgh and one of his majesties privy Councill and made Inventar and given his oath that the goods of the Foraigne woollen Manufactory Imported by him from London are as followes Viz Number 1st: Twentie thrie yeards of Cloath No 2: Ten yeards ditto N: 3d Ten yeards and one half ditto. N: 4th fourtein yeards and a half ditto. N5: Ten yeards and ane half ditto. No6: Ten yeards and a half ditto. N7th:2 Eleven yeards Therie quarters ditto N8: Ten yeards and thrie quarters ditto N:9: Ten yeards and ane half ditto N10th Threttie yeards ditto N11th Ten yeards ditto Consisting of all To ane hundred and Fiftie one yeards and one half Item Eightein yeards of blew Case for wrapers Four piece of Camplett And alse In Respect the petitioner hath given bond and found Sufficient Cautione acted in the books of privy Councill that he shall transport the saids goods abovewrittin insert in his oath furth of this kingdom betwixt and the first day of January Jaj vic Nyntie Nyne years under the penalty of the value of the saids goods belonging to the petitioner and discharges any part of the said Cloath and worsett stuff to be taken out of the toune of Leith And Ordaines them to lye in the Custome house till they be transported furth of this kingdome as said is.

1. NRS, PC2/27, 233v-234v.

2. The words ‘Thretein yeards’ scored out here

1. NRS, PC2/27, 233v-234v.

2. The words ‘Thretein yeards’ scored out here

Act, 27 July 1699, Edinburgh

Posted on by

Att Edinburgh the Twentie Seventh of July Jaj vic Nyntie Nyne

D1699/7/171

Act

Act Robert Johnstoun merchant

Anent the petitione given in to the Lords of his Majesties privy Councill be Robert Johnstoune merchant in Edinburgh Shewing That wher the petitioner haveing Long before ther was any word of the late prohibition in his Common Course of Trade Commissioned Severall parcells of goods among which ther is broad Cloath and worsett Stuffs now prohibited, It was humbly represented to the saids Lords That ther could be no designe in the petitioner to anticipat or frustrat the said act of Councill Because the goods were all Commissioned and bought in May Last and were Shipped from London before the date of the proclamatione As can be made appear by bills of parcells and Loadening to the satisfacation of any of the saids Lords number That should be appointed to inspect the Same, And farder the Ship was cleared at the Customhouse and Sailled from London severall dayes before the prohibition all which was intimat to the custome house officers of Leith and instruments taken therupon And Therfore humbly Craveing the saids Lords would take the premisses to their Consideratione And to declair the same to be lyable to no seazure Bot to allow the petitioner to Import the saids Cloathes Stuffs and Stockings and to grant warrand to the officers of the Custome house of Leith to admitt the Same to ane entrie As the said petitione bears Which petitione being upon the Twelth day of the said moneth of July read in presence of the saids Lords They by their delyverance theron appointed a Committie of their own number to Consider the same and to see the severall instructiones therof And Recommended to the Committie to make their report to the Councill how far they find the said petition instructed and what part therof is not instructed And the said Committie haveing accordingly mett upon the Twenty one of the said moneth of July and year forsaid and made their report to the Councill And the saids Lords of his Majesties privy Councill Haveing this day Considered the said petitione with the report of the Committie made therupon They hereby Declair the goods after insert in the petitioners oath and inventar underwryten to be Lyable to no Seazure, And discharges the tacksmen and officers of the Custome house under them to Seaze therupon And that in repect2 the said petitioner before extracting hereof hath Compeared in presence of George Home of Kello Lord provest of Edinburgh and one of his Majesties privy Councill and made inventar and given his oath that the goods of the Foraigne woollen Manufactory Imported by him from London are as followes Viz Fiftie one ells black Cloath in two peines and ten peines of worsett Stuffs, And also in Respect the petitioner hath given bond and found Sufficient Cautione acted in the books of privy Councill that he Shall transport the saids goods abovewryten insert in his oath furth of this kingdome betwixt and the first day of Jannuary Jaj vic Nyntie Nyne years under the penaltie of the value of the saids goods belonging to the petitioner, And Discharges any part of the said Cloath and worset Stuffs to be taken out of the toune of Leith and Ordaines them to lye in the Custome house till they be transported furth of this kingdome as said is.

Att Edinburgh the Twentie Seventh of July Jaj vic Nyntie Nyne

D1699/7/171

Act

Act Robert Johnstoun merchant

Anent the petitione given in to the Lords of his Majesties privy Councill be Robert Johnstoune merchant in Edinburgh Shewing That wher the petitioner haveing Long before ther was any word of the late prohibition in his Common Course of Trade Commissioned Severall parcells of goods among which ther is broad Cloath and worsett Stuffs now prohibited, It was humbly represented to the saids Lords That ther could be no designe in the petitioner to anticipat or frustrat the said act of Councill Because the goods were all Commissioned and bought in May Last and were Shipped from London before the date of the proclamatione As can be made appear by bills of parcells and Loadening to the satisfacation of any of the saids Lords number That should be appointed to inspect the Same, And farder the Ship was cleared at the Customhouse and Sailled from London severall dayes before the prohibition all which was intimat to the custome house officers of Leith and instruments taken therupon And Therfore humbly Craveing the saids Lords would take the premisses to their Consideratione And to declair the same to be lyable to no seazure Bot to allow the petitioner to Import the saids Cloathes Stuffs and Stockings and to grant warrand to the officers of the Custome house of Leith to admitt the Same to ane entrie As the said petitione bears Which petitione being upon the Twelth day of the said moneth of July read in presence of the saids Lords They by their delyverance theron appointed a Committie of their own number to Consider the same and to see the severall instructiones therof And Recommended to the Committie to make their report to the Councill how far they find the said petition instructed and what part therof is not instructed And the said Committie haveing accordingly mett upon the Twenty one of the said moneth of July and year forsaid and made their report to the Councill And the saids Lords of his Majesties privy Councill Haveing this day Considered the said petitione with the report of the Committie made therupon They hereby Declair the goods after insert in the petitioners oath and inventar underwryten to be Lyable to no Seazure, And discharges the tacksmen and officers of the Custome house under them to Seaze therupon And that in repect2 the said petitioner before extracting hereof hath Compeared in presence of George Home of Kello Lord provest of Edinburgh and one of his Majesties privy Councill and made inventar and given his oath that the goods of the Foraigne woollen Manufactory Imported by him from London are as followes Viz Fiftie one ells black Cloath in two peines and ten peines of worsett Stuffs, And also in Respect the petitioner hath given bond and found Sufficient Cautione acted in the books of privy Councill that he Shall transport the saids goods abovewryten insert in his oath furth of this kingdome betwixt and the first day of Jannuary Jaj vic Nyntie Nyne years under the penaltie of the value of the saids goods belonging to the petitioner, And Discharges any part of the said Cloath and worset Stuffs to be taken out of the toune of Leith and Ordaines them to lye in the Custome house till they be transported furth of this kingdome as said is.

1. NRS, PC2/27, 232v-233v.

2. Sic.

1. NRS, PC2/27, 232v-233v.

2. Sic.

Act, 27 July 1699, Edinburgh

Posted on by

Att Edinburgh the Twentie Seventh of July Jaj vic Nyntie Nyne

D1699/7/161

Act

Act William Frazer merchant

Anent the petitione given in to the Lords of his Majesties privy Councill be William Frazer merchant in London Shewing That wher the petitioner haveing Long before ther was any word of the late prohibitione in his Common Course of Trade Commissioned Severall parcells of goods among which ther is broad Cloath Worsett Stuff and Stockings none prohibited It was humbly represented to the saids Lords that ther could be no designe in the petitioner to anticipat or frustrat the said act of Councill Because the goods were all Commissioned and bought in May last and were Shipped from London before the date of the proclamatione as can be made appear by bills of parcells and loadenings to the satisfaction of any of the saids Lords number, That should be appointed to inspect the same and furder the Ship was cleared at the custome house and sailled from London severall dayes before the prohibition all which was intimat to the Custom house officers at Leith and instruments taken therupon And Therfore humbly Craveing the saids Lords would be pleased to take the premisses to their Consideratione and to Declare the Same to be Lyable to no Seizure Bot to allow the petitioners to Import the saids Cloaths Stuffs and Stockings and to grant warrand to the officers of the custom house of Leith to admitt the same to ane entrie as the said petition bears, Which petition being upon the twelth day of July instant read in presence of the saids Lords They appointed a Comittie of their oun number to Consider the Same and to see the instructiones therof And Recommended to the Committie to make their report to the Councill how far they find the Same instructed and how farr not instructed And the said Committie haveing accordingly mett upon the twentie one of the said moneth instant and made their report to the Councill And the saids Lords haveing this day Considered the said petitione with the report of the Comittie made therupon They hereby Declare the goods after insert in the petitioners oath, and inventar underwrittin to be Lyable to no Seizure, And Discharges the taxsmen and officers of the Custom house under them to seaze therupon Bot allowed him to transport the Same to any port or harbour furth of this kingdome and that in respect the petitioner before extracting hereof hath Compeared before George Home of Kello present Lord Provest of Edinburgh and one of his Majesties privy Councill and made inventar and given his oath That the goods of the forraigne woolen Manufactory Imported by him from London are as Followes Viz Number 1: 9 ½ yeards fyne Mixt Cloath N 2d: Twelve yeards fyner ditto N: 3d twelve yeards Supper ditto N: 4th Twelve yeards Super Spa ditto N 6th Ten yeards Super fine ditto N 7th Fourtein yeards And one half fine fine black ditto No 8: Twelve yeards Super fine Cloath ditto Twentie yeards and a quarter ditto Thretein yeards and 3 quarters ditto Ten yeards fine blew In all ane hundred threttie Eight The above particulars are contained in a Call marked W E Item N1 Two dozen womens Spoted hose N:2 Thrie dozen mens rouling worsted No: 3d Thrie dozen ditto N: 4th Thrie dozen ditto No: 11th Two Dozen ditto Black In all Threttein dozen, The above particulars are taken out of a trunk by Mr Rome on a Survey before entry Item two piece of Brocadeet Callomantoe and alse in respect the petitioner hath given bond and found Sufficient Cautione acted in the books of privy Councill that he shall transport the saids goods above wryten insert in his oath furth of this Kingdom betwixt and the […] day of […] under the penaltie of the value of the saids goods belonging to the petitioner And Discharges any part of the saids goods to be taken out of the toune of Leith And Ordaines them to lye in the custom house ther untill they be transported furth of the kingdome as said is.

Att Edinburgh the Twentie Seventh of July Jaj vic Nyntie Nyne

D1699/7/161

Act

Act William Frazer merchant

Anent the petitione given in to the Lords of his Majesties privy Councill be William Frazer merchant in London Shewing That wher the petitioner haveing Long before ther was any word of the late prohibitione in his Common Course of Trade Commissioned Severall parcells of goods among which ther is broad Cloath Worsett Stuff and Stockings none prohibited It was humbly represented to the saids Lords that ther could be no designe in the petitioner to anticipat or frustrat the said act of Councill Because the goods were all Commissioned and bought in May last and were Shipped from London before the date of the proclamatione as can be made appear by bills of parcells and loadenings to the satisfaction of any of the saids Lords number, That should be appointed to inspect the same and furder the Ship was cleared at the custome house and sailled from London severall dayes before the prohibition all which was intimat to the Custom house officers at Leith and instruments taken therupon And Therfore humbly Craveing the saids Lords would be pleased to take the premisses to their Consideratione and to Declare the Same to be Lyable to no Seizure Bot to allow the petitioners to Import the saids Cloaths Stuffs and Stockings and to grant warrand to the officers of the custom house of Leith to admitt the same to ane entrie as the said petition bears, Which petition being upon the twelth day of July instant read in presence of the saids Lords They appointed a Comittie of their oun number to Consider the Same and to see the instructiones therof And Recommended to the Committie to make their report to the Councill how far they find the Same instructed and how farr not instructed And the said Committie haveing accordingly mett upon the twentie one of the said moneth instant and made their report to the Councill And the saids Lords haveing this day Considered the said petitione with the report of the Comittie made therupon They hereby Declare the goods after insert in the petitioners oath, and inventar underwrittin to be Lyable to no Seizure, And Discharges the taxsmen and officers of the Custom house under them to seaze therupon Bot allowed him to transport the Same to any port or harbour furth of this kingdome and that in respect the petitioner before extracting hereof hath Compeared before George Home of Kello present Lord Provest of Edinburgh and one of his Majesties privy Councill and made inventar and given his oath That the goods of the forraigne woolen Manufactory Imported by him from London are as Followes Viz Number 1: 9 ½ yeards fyne Mixt Cloath N 2d: Twelve yeards fyner ditto N: 3d twelve yeards Supper ditto N: 4th Twelve yeards Super Spa ditto N 6th Ten yeards Super fine ditto N 7th Fourtein yeards And one half fine fine black ditto No 8: Twelve yeards Super fine Cloath ditto Twentie yeards and a quarter ditto Thretein yeards and 3 quarters ditto Ten yeards fine blew In all ane hundred threttie Eight The above particulars are contained in a Call marked W E Item N1 Two dozen womens Spoted hose N:2 Thrie dozen mens rouling worsted No: 3d Thrie dozen ditto N: 4th Thrie dozen ditto No: 11th Two Dozen ditto Black In all Threttein dozen, The above particulars are taken out of a trunk by Mr Rome on a Survey before entry Item two piece of Brocadeet Callomantoe and alse in respect the petitioner hath given bond and found Sufficient Cautione acted in the books of privy Councill that he shall transport the saids goods above wryten insert in his oath furth of this Kingdom betwixt and the […] day of […] under the penaltie of the value of the saids goods belonging to the petitioner And Discharges any part of the saids goods to be taken out of the toune of Leith And Ordaines them to lye in the custom house ther untill they be transported furth of the kingdome as said is.

1. NRS, PC2/27, 231v-232v.

1. NRS, PC2/27, 231v-232v.

Act, 27 July 1699, Edinburgh

Posted on by

Att Edinburgh the Twentie Seventh of July Jaj vic Nyntie Nyne

D1699/7/151

Act

Act Samwell McClelland

Anent the petitione given in to the Lords of his Majesties privy Councill be Samuell McClelland Merchant in Edinburgh, Shewing That wher the petitioner haveing Long before ther was any word of the late prohibitione in their comone Course of trade Comissioned severall parcells of goods amongst which ther is broad Cloath worsett Stuffs and Stockings now prohibited It was humbly represented to the saids Lords that ther would be no designe in the petitioner to anticipat or frustrat the said act of Councill Because the goods were all Commissioned and bought in May last and were shipped from London before the date of the proclamatione as can be made appear by bills of parcells and loadning to the satisfaction of any of the saids Lords number, That shall be appointed to inspect the Same, and farder the Ship was cleared at the Custome house and sailled from London severall dayes before the prohibition all which was intimat to the Custom house officers of Leith and instruments taken therupon And Therfore Humbly Craveing the saids Lords would be pleased to take the premisses to their Consideratione and to declare the same to be Lyable to no seizure, Bot to allow the petitioners to Import the saids Cloaths Stuffs and Stockings and to grant warrand to the officers of the Custome house of Leith to admitt the same to ane entrie as the said petition bears, Which petition being upon the twelth day of the said moneth of July instant read in presence of the saids Lords of his majesties privy Councill They by their delyverance theron Nominated and and appointed a Committie of their oun number to Consider the said petition and to see the severall instructiones thereof And Recommended to the Committie to make their report to the Councill how farr they find the said petitione instructed and what part therof is not instructed And the said Committie haveing accordingly mett upon the twentie one day of this said moneth and year and made their report to the Councill And the saids Lords of his Majesties privy Councill haveing this day Considered the said petitione with the report of the Committie made therupon They hereby Declare the goods after insert in the said petitioner his oath and inventar underwrittin to be lyable to no Seazure, And Discharges the Taxsmen and officers of the Custome house under them to seaze therupon Bot allowes him to transport the Same to any port or harbour furth of this kingdome and that in respect the petitioner before extracting hereof hath Compeared before George Home of Kello present Lord Provest of Edinrbugh and one of his majesties privy Councill and made inventar and given his Oath that the goods of the Foraigne woollen Manufactory Imported by him from London are as Followes Viz N:300: 12 yards fyne mixt Spanish Cloath, N:10. Twentie yeards Super Spanish mixt ditto N:51: Twelve yeards Super fyne dito N:1306 Ten yeards Super fine dito No 2850 Threttein yeards ditto, No: 477 Thretein and half yeards dito No 843 Twenty yeards super fine Spanish black No 842 Twenty yeards dito finer, Twelve yeards blew bay and alse In respect the petitioner hath given bond and found Sufficient Cautione acted in the books of privy Councill That he Shall transport the saids goods abovewryten insert in his oath furth of this kingdome betwixt and the […] day of […] under the penaltie of the value of the saids goods belonging to the petitioner and discharges any part of the saids goods to be taken out of the toune of Leith and Ordaines them to lye in the custome house ther till they be transported furth of this kingdome as said is.

Att Edinburgh the Twentie Seventh of July Jaj vic Nyntie Nyne

D1699/7/151

Act

Act Samwell McClelland

Anent the petitione given in to the Lords of his Majesties privy Councill be Samuell McClelland Merchant in Edinburgh, Shewing That wher the petitioner haveing Long before ther was any word of the late prohibitione in their comone Course of trade Comissioned severall parcells of goods amongst which ther is broad Cloath worsett Stuffs and Stockings now prohibited It was humbly represented to the saids Lords that ther would be no designe in the petitioner to anticipat or frustrat the said act of Councill Because the goods were all Commissioned and bought in May last and were shipped from London before the date of the proclamatione as can be made appear by bills of parcells and loadning to the satisfaction of any of the saids Lords number, That shall be appointed to inspect the Same, and farder the Ship was cleared at the Custome house and sailled from London severall dayes before the prohibition all which was intimat to the Custom house officers of Leith and instruments taken therupon And Therfore Humbly Craveing the saids Lords would be pleased to take the premisses to their Consideratione and to declare the same to be Lyable to no seizure, Bot to allow the petitioners to Import the saids Cloaths Stuffs and Stockings and to grant warrand to the officers of the Custome house of Leith to admitt the same to ane entrie as the said petition bears, Which petition being upon the twelth day of the said moneth of July instant read in presence of the saids Lords of his majesties privy Councill They by their delyverance theron Nominated and and appointed a Committie of their oun number to Consider the said petition and to see the severall instructiones thereof And Recommended to the Committie to make their report to the Councill how farr they find the said petitione instructed and what part therof is not instructed And the said Committie haveing accordingly mett upon the twentie one day of this said moneth and year and made their report to the Councill And the saids Lords of his Majesties privy Councill haveing this day Considered the said petitione with the report of the Committie made therupon They hereby Declare the goods after insert in the said petitioner his oath and inventar underwrittin to be lyable to no Seazure, And Discharges the Taxsmen and officers of the Custome house under them to seaze therupon Bot allowes him to transport the Same to any port or harbour furth of this kingdome and that in respect the petitioner before extracting hereof hath Compeared before George Home of Kello present Lord Provest of Edinrbugh and one of his majesties privy Councill and made inventar and given his Oath that the goods of the Foraigne woollen Manufactory Imported by him from London are as Followes Viz N:300: 12 yards fyne mixt Spanish Cloath, N:10. Twentie yeards Super Spanish mixt ditto N:51: Twelve yeards Super fyne dito N:1306 Ten yeards Super fine dito No 2850 Threttein yeards ditto, No: 477 Thretein and half yeards dito No 843 Twenty yeards super fine Spanish black No 842 Twenty yeards dito finer, Twelve yeards blew bay and alse In respect the petitioner hath given bond and found Sufficient Cautione acted in the books of privy Councill That he Shall transport the saids goods abovewryten insert in his oath furth of this kingdome betwixt and the […] day of […] under the penaltie of the value of the saids goods belonging to the petitioner and discharges any part of the saids goods to be taken out of the toune of Leith and Ordaines them to lye in the custome house ther till they be transported furth of this kingdome as said is.

1. NRS, PC2/27, 230v-231v.

1. NRS, PC2/27, 230v-231v.

Act, 27 July 1699, Edinburgh

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Att Edinburgh the Twentie Seventh of July Jaj vic Nyntie Nyne

D1699/7/141

Act

Act Samuell McClelland merchant and others

Anent the petition given in to the Lords of his Majesties privy Councill be Samuell McClelland, Robert Blaickwodd, William Frazer, Hary Hathorne, William Grame Charles Gray Alexander Brown Robert Johnstone merchants in Edinburgh for themselves and in name of the severall merchants who have goods aboard of James Lawes Ship from London viz John Hay merchant in Edinburgh Shewing That wher the petitioners haveing Long before ther was any word of the late prohibition in their Comune course of Trade Commissioned severall parcells of goods amongst which ther is broad Cloath worsett Stuff and stockings now prohibited It was humbly Represented to the saids Lords That ther could be no designe in the petitioners to anticipat or frustrat the said act of Councill, Because the goods were all Commissioned and bought in May Last and were Shipped from London before the date of the proclamation as could be made appear by bills of parcells and Loadening to the satisfaction to any of the saids Lords number that should be appointed to inspect the same, and farder the ship was cleared at the custome house and sailled from London severall dayes before the prohibition all which was intimat to the custom house officers of Leith and instruments taken therupon And Therfore Humbly Craveing the saids Lords would be pleased to take the premisses to their Consideration, and to declare the same to be lyable to no Seazure, Bot to allow the petitioners to Import the saids Cloaths Stuffs and Stockings And to grant warrand to the officers of the Custome house at Leith to admitt the same to ane entrie. As the petition bears Which petition being upon the twentie of July instant Read in presence of the saids Lords of his majesties privy Councill, They Nominated and appointed the Earles of Crafurd and Leven Lords Strathnaver and Boyle and the Lord2 Provest of Edinburgh To be a Committie for Considering the said petition and Recommended to the said Comittie to Consider the said petition and to see the severall instructions therof, and to make their report to the Councill hou farr they find the samen instructed and what part therof is not instructed And Declared any two of the above Committie to be a Sufficient quorum, And Recommended to them to meett the morrow at Ten of the Cloak in the forenoon And the said Committie haveing mett They made their report as followes Viz The Committie has seen a bill of Envoyes frae William Bowdon at London the fourtein May Jaj vic Nyntie Nyne to Samuell McClellan amounting to Nyntie one pound Six Shilling Sterling Item the bill of Loading dated the Seventein day of the said moneth Item ane Envoyes be Alexander Young merchant at London to Robert Johnstone Merchant in Edinburgh amounting to […] dated the Eight day of the said moneth and year forsaid Item the bill of Loading dated the fiftein day of the said moneth and year Item and Envoyes be William Gordon Merchant at London to Charles Gray merchant in Edinburgh dated the fourth of May last, and another Envoyes be Alexander Hame parrat to the said Charles Gray dated the fiftein of June Last with the bill of Loadning for both, The value of both the Envoyes Extends to One hundered and twenty Eight pound ten shilling Sterling The bill of Loadning is dated the Tenth of June last Item thrie Envoyes one of the twentie thrid May last by Garvis Hanly another of the thretein of June last by John Ranny and the thrid of the fourtein of June last by William Bowdonne to William Frazer merchant at London now at Edinburgh value of the thrie extending to ane hundred and twelue pounds Sterling Item a bill of Loadning dated the Twentie fourth of June last Item ane Envoyes be Mr More dated the Twentie Sixt of June last to Mr Robert Blaikwood And to Mr Blaikwoods partners the value wherof Extends to ane hundred Sixtie four pounds Sterling Item Envoyes from James Tounsend to Alexender Brown dated the fiftein June Last, and another from George Wyse the twentie Second of the same moneth to the said Alexander value of both Extends to about twenty pound The bill of Loadning is dated the Sixtein of June last The date of the proclamation prohibiting the Importatione of woollen Manufacturs is dated the Twentie third of June last as the report bears The Lords of his majesties privy Councill haveing Considered the above report of a Committie of their oun number upon the above petition given in by Samuell McClelland and other merchants anent some goods Imported from England of the woollen manufactory Since the proclamation Emitted Discharging the Import therof They doe hereby Declare the goods belonging to the severall persones mentioned in the said report to be lyable to no Seazure And Discharge the Tacksmen and officers of the Custom house under them to seaze therupon Bott allowes the persones to whom they doe belong to export or transmitt these goods to any port harbour or place furth of this kingdome upon Inventars to be made by them upon oath, and appoints the transportatione to be betwixt and the […] day of […] and in the mean time to find Cautione for that effect each of them under the payn of the value of the proportione of the saids goods belonging to them And Discharges any part of the saids goods to be taken out of the toune of Leith and Ordaines them to lye in the Custom house their till they be transported furth of the kingdome as said is.
Conforme to which Warrand, The acts after mentioned was extracted and Cautione found and ther oathes upon ther respective inventars taken.

Att Edinburgh the Twentie Seventh of July Jaj vic Nyntie Nyne

D1699/7/141

Act

Act Samuell McClelland merchant and others

Anent the petition given in to the Lords of his Majesties privy Councill be Samuell McClelland, Robert Blaickwodd, William Frazer, Hary Hathorne, William Grame Charles Gray Alexander Brown Robert Johnstone merchants in Edinburgh for themselves and in name of the severall merchants who have goods aboard of James Lawes Ship from London viz John Hay merchant in Edinburgh Shewing That wher the petitioners haveing Long before ther was any word of the late prohibition in their Comune course of Trade Commissioned severall parcells of goods amongst which ther is broad Cloath worsett Stuff and stockings now prohibited It was humbly Represented to the saids Lords That ther could be no designe in the petitioners to anticipat or frustrat the said act of Councill, Because the goods were all Commissioned and bought in May Last and were Shipped from London before the date of the proclamation as could be made appear by bills of parcells and Loadening to the satisfaction to any of the saids Lords number that should be appointed to inspect the same, and farder the ship was cleared at the custome house and sailled from London severall dayes before the prohibition all which was intimat to the custom house officers of Leith and instruments taken therupon And Therfore Humbly Craveing the saids Lords would be pleased to take the premisses to their Consideration, and to declare the same to be lyable to no Seazure, Bot to allow the petitioners to Import the saids Cloaths Stuffs and Stockings And to grant warrand to the officers of the Custome house at Leith to admitt the same to ane entrie. As the petition bears Which petition being upon the twentie of July instant Read in presence of the saids Lords of his majesties privy Councill, They Nominated and appointed the Earles of Crafurd and Leven Lords Strathnaver and Boyle and the Lord2 Provest of Edinburgh To be a Committie for Considering the said petition and Recommended to the said Comittie to Consider the said petition and to see the severall instructions therof, and to make their report to the Councill hou farr they find the samen instructed and what part therof is not instructed And Declared any two of the above Committie to be a Sufficient quorum, And Recommended to them to meett the morrow at Ten of the Cloak in the forenoon And the said Committie haveing mett They made their report as followes Viz The Committie has seen a bill of Envoyes frae William Bowdon at London the fourtein May Jaj vic Nyntie Nyne to Samuell McClellan amounting to Nyntie one pound Six Shilling Sterling Item the bill of Loading dated the Seventein day of the said moneth Item ane Envoyes be Alexander Young merchant at London to Robert Johnstone Merchant in Edinburgh amounting to […] dated the Eight day of the said moneth and year forsaid Item the bill of Loading dated the fiftein day of the said moneth and year Item and Envoyes be William Gordon Merchant at London to Charles Gray merchant in Edinburgh dated the fourth of May last, and another Envoyes be Alexander Hame parrat to the said Charles Gray dated the fiftein of June Last with the bill of Loadning for both, The value of both the Envoyes Extends to One hundered and twenty Eight pound ten shilling Sterling The bill of Loadning is dated the Tenth of June last Item thrie Envoyes one of the twentie thrid May last by Garvis Hanly another of the thretein of June last by John Ranny and the thrid of the fourtein of June last by William Bowdonne to William Frazer merchant at London now at Edinburgh value of the thrie extending to ane hundred and twelue pounds Sterling Item a bill of Loadning dated the Twentie fourth of June last Item ane Envoyes be Mr More dated the Twentie Sixt of June last to Mr Robert Blaikwood And to Mr Blaikwoods partners the value wherof Extends to ane hundred Sixtie four pounds Sterling Item Envoyes from James Tounsend to Alexender Brown dated the fiftein June Last, and another from George Wyse the twentie Second of the same moneth to the said Alexander value of both Extends to about twenty pound The bill of Loadning is dated the Sixtein of June last The date of the proclamation prohibiting the Importatione of woollen Manufacturs is dated the Twentie third of June last as the report bears The Lords of his majesties privy Councill haveing Considered the above report of a Committie of their oun number upon the above petition given in by Samuell McClelland and other merchants anent some goods Imported from England of the woollen manufactory Since the proclamation Emitted Discharging the Import therof They doe hereby Declare the goods belonging to the severall persones mentioned in the said report to be lyable to no Seazure And Discharge the Tacksmen and officers of the Custom house under them to seaze therupon Bott allowes the persones to whom they doe belong to export or transmitt these goods to any port harbour or place furth of this kingdome upon Inventars to be made by them upon oath, and appoints the transportatione to be betwixt and the […] day of […] and in the mean time to find Cautione for that effect each of them under the payn of the value of the proportione of the saids goods belonging to them And Discharges any part of the saids goods to be taken out of the toune of Leith and Ordaines them to lye in the Custom house their till they be transported furth of the kingdome as said is.
Conforme to which Warrand, The acts after mentioned was extracted and Cautione found and ther oathes upon ther respective inventars taken.

1. NRS, PC2/27, 228v-230r.

2. The word ‘president’ scored out here.

1. NRS, PC2/27, 228v-230r.

2. The word ‘president’ scored out here.

Act, 27 July 1699, Edinburgh

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D1699/7/131

Act

Act Gilbert Campbell anent Maxwell

Anent the petition given in to the Lords of his Majesties privy Councill be Mr Gilbert Campbell Merchant in Edinburgh Shewing That wher Alexander Maxwell Butcher in the Cannogate Did under cloud and Sillence of night in a most barbarous and inhumane manner attacque and fall upon the petitioner upon the kings high Street goeing peaceably home to his Countrey house and did beat the petitioner to the effussion of his blood buised and wounded the petitioner in severall parts of the petitioners body and robbed the petitioner of his staff and that without the least provocation or so much as exchange of one single word, and if by the providence of God the nighbours who heard the petitioners doolfull cryes of Murder hade not rescued the petitioner, and that with much difficulty from the hands of that Cruell Bloody Butcher he hade not only robed the petitioner of what else the petitioner hade about him, but hade also murdered the petitioner The petitioner haveing meaned himself to the Baillies of Edinburgh, who after the examination of severall witnesses Found the Complaint to be true, and ordered the officers to apprehend Maxwell, who was accordingly apprehended Bot made his escape from the officers after his usuall maner As the Lybell before the baillies with the witnesses Depositiones therwith produced would testifie, Therafter being apprehended is Imprisoned, and now applyes to my Lord advocat to be Liberat In respect he hath a Small and great family which cannot be Subsisted without his industrie and is Content on his knees to Crave pardon and offers the petitioner back his bean, and content to find Caution to keep the peace, The petitioner Humbly Representeth that it is meer necessity that Causeth him now acknowledge his fault and not the Sense of the evill he hath done For altho It is more then two moneths Since he did Committ the villany, yet till Just now he never either acknowledged his Fault or offered the petitioner back his beam so that if he should be sett at Liberty the petitioner and his Small familly who have Lived peaceably and in respect with the whole Nighbourhead durst not promise themselves ane hours safety from the wicked attempt of that Cruell butcher whose whole life consists of a Tract of Murdering robbing and Cheating practises as wes nottour to the greatest part of the kingdome which with his four or fyve Bills of Bonorum are Sufficient Arguments they should not be sett at Libertie without at least being punished as the saids Lords should think fitt, and finding Sufficient Caution which the Cautioner he offers is not being one of his oun going and not with a farding And Therfore humbly Craveing the saids Lords would not only have regaird to the Safety of the petitioner and his familly Bot also to the Common good of the Nighburhead by punishing the Cruell Butcher according to the demerit of his Cryme As the saids Lords should think fitt, and to Continue him in prison till he find Caution to keep the peace without which the petitioner Declares he cannot be Sure of his life one Moment as the said petition in it self more fully bears Which Petition being upon the Twentie fyfth of July instant Read in presence of the Saids Lords of his Majesties privy Councill They by their interloquitor That day appointed and ordained the above Alexander Maxwell to Continue prisoner in the Tolbooth of Edinburgh wher he now lyes untill furder order of Councill and in the mean time Recommended to a Committie of the saids Lords oun number to call for both Mr Campbell the petitioner and Maxwell the flesher and to hear them in the forsaid affair and to examine such witnesses as should be aduced before them at the instance of either partie, And to Consider the depositiones of the witnesses already adduced before the baillies of Edinburgh, Which Committie haveing accordingly mett They made their report to the saids Lords of privy Councill in the termes following viz That they haveing heard the depositiones of the witnesses taken before the baillies of Edinburgh It is their oppinion That Maxwell the Butcher has aggressed Gilbert Campbell and has beatten and wounded him, and haveing called Baillie Warrander before whom the witnesses deponed he informed the Committie of Maxwells Turbulent Life, and that he has frequently fallen in such disorders, and was with great difficulty apprehended haveing deforced the haill Towne officers, and the magistrats were forced to Imploy the Toune guards It is the Committies oppinion That before Maxwells Liberatione He should find Caution of Laborows before the Councill in Comon forme And farder should be examplarly punished as the Councill Shall think fitt as the said report bears And the saids Lords of his majesties privy Councill Haveing this day Considered the Said Report They hereby approve of the Samen, And ordained the said Alexander Maxwell to find Caution of Laborows before the Councill in Comon forme for the said Mr Gilbert Campbells furder security, Which before extracting hereof is done accordingly And Allowed the said Mr Gilbert to raise a Lybell against the said Alexander Maxwell before the said Tolbooth of Edinburgh wher he now lyes untill the said lybell should be raised and discussed at least till the first day of August nix to come2 betwixt and which the said lybell may be raised and discust.

Att Edinburgh the Twentie Seventh of July Jaj vic Nyntie Nyne

D1699/7/131

Act

Act Gilbert Campbell anent Maxwell

Anent the petition given in to the Lords of his Majesties privy Councill be Mr Gilbert Campbell Merchant in Edinburgh Shewing That wher Alexander Maxwell Butcher in the Cannogate Did under cloud and Sillence of night in a most barbarous and inhumane manner attacque and fall upon the petitioner upon the kings high Street goeing peaceably home to his Countrey house and did beat the petitioner to the effussion of his blood buised and wounded the petitioner in severall parts of the petitioners body and robbed the petitioner of his staff and that without the least provocation or so much as exchange of one single word, and if by the providence of God the nighbours who heard the petitioners doolfull cryes of Murder hade not rescued the petitioner, and that with much difficulty from the hands of that Cruell Bloody Butcher he hade not only robed the petitioner of what else the petitioner hade about him, but hade also murdered the petitioner The petitioner haveing meaned himself to the Baillies of Edinburgh, who after the examination of severall witnesses Found the Complaint to be true, and ordered the officers to apprehend Maxwell, who was accordingly apprehended Bot made his escape from the officers after his usuall maner As the Lybell before the baillies with the witnesses Depositiones therwith produced would testifie, Therafter being apprehended is Imprisoned, and now applyes to my Lord advocat to be Liberat In respect he hath a Small and great family which cannot be Subsisted without his industrie and is Content on his knees to Crave pardon and offers the petitioner back his bean, and content to find Caution to keep the peace, The petitioner Humbly Representeth that it is meer necessity that Causeth him now acknowledge his fault and not the Sense of the evill he hath done For altho It is more then two moneths Since he did Committ the villany, yet till Just now he never either acknowledged his Fault or offered the petitioner back his beam so that if he should be sett at Liberty the petitioner and his Small familly who have Lived peaceably and in respect with the whole Nighbourhead durst not promise themselves ane hours safety from the wicked attempt of that Cruell butcher whose whole life consists of a Tract of Murdering robbing and Cheating practises as wes nottour to the greatest part of the kingdome which with his four or fyve Bills of Bonorum are Sufficient Arguments they should not be sett at Libertie without at least being punished as the saids Lords should think fitt, and finding Sufficient Caution which the Cautioner he offers is not being one of his oun going and not with a farding And Therfore humbly Craveing the saids Lords would not only have regaird to the Safety of the petitioner and his familly Bot also to the Common good of the Nighburhead by punishing the Cruell Butcher according to the demerit of his Cryme As the saids Lords should think fitt, and to Continue him in prison till he find Caution to keep the peace without which the petitioner Declares he cannot be Sure of his life one Moment as the said petition in it self more fully bears Which Petition being upon the Twentie fyfth of July instant Read in presence of the Saids Lords of his Majesties privy Councill They by their interloquitor That day appointed and ordained the above Alexander Maxwell to Continue prisoner in the Tolbooth of Edinburgh wher he now lyes untill furder order of Councill and in the mean time Recommended to a Committie of the saids Lords oun number to call for both Mr Campbell the petitioner and Maxwell the flesher and to hear them in the forsaid affair and to examine such witnesses as should be aduced before them at the instance of either partie, And to Consider the depositiones of the witnesses already adduced before the baillies of Edinburgh, Which Committie haveing accordingly mett They made their report to the saids Lords of privy Councill in the termes following viz That they haveing heard the depositiones of the witnesses taken before the baillies of Edinburgh It is their oppinion That Maxwell the Butcher has aggressed Gilbert Campbell and has beatten and wounded him, and haveing called Baillie Warrander before whom the witnesses deponed he informed the Committie of Maxwells Turbulent Life, and that he has frequently fallen in such disorders, and was with great difficulty apprehended haveing deforced the haill Towne officers, and the magistrats were forced to Imploy the Toune guards It is the Committies oppinion That before Maxwells Liberatione He should find Caution of Laborows before the Councill in Comon forme And farder should be examplarly punished as the Councill Shall think fitt as the said report bears And the saids Lords of his majesties privy Councill Haveing this day Considered the Said Report They hereby approve of the Samen, And ordained the said Alexander Maxwell to find Caution of Laborows before the Councill in Comon forme for the said Mr Gilbert Campbells furder security, Which before extracting hereof is done accordingly And Allowed the said Mr Gilbert to raise a Lybell against the said Alexander Maxwell before the said Tolbooth of Edinburgh wher he now lyes untill the said lybell should be raised and discussed at least till the first day of August nix to come2 betwixt and which the said lybell may be raised and discust.

1. NRS, PC2/27, 227r-228v.

2. The words ‘nixt to come’ are an insertion.

1. NRS, PC2/27, 227r-228v.

2. The words ‘nixt to come’ are an insertion.

Decreet, 27 July 1699, Edinburgh

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D1699/7/121

Decreet

Decreit James Brown against The Laird of Foveraigne

Anent the bill of Suspension given in to the Lords of his Majesties privy Councill at the instance of Samuell Forbes of Foveraigne Against James Brown in Ethsie charger Shewing That wher Samuell Forbes of Foveraigne was lately charged be vertue of Letters of horning raised at the instance of James Brown sone to Patrick Brown in Ythsie, To make payment and Satisfaction to him of the Soume of Four hundred merks Scots money Contained in ane Decreet of Suspension obtained at the instance of the said James Brown against the said Samuell Forbes of Foveraigne before the saids Lords of privy Councill upon the fifth day of July Jaj vic nyntie Eight years And also to let the said James Brown have free access to his Chist in the petitioners house of Foveraigne and to transport the Samen to what place he pleased and to dispose therupon and what was therin at his pleasure conforme to ane act of the saids Lords of privy Councill dated the fourtein day of February Last by past, And that within ane Certaine Short Space nixt after the charge under the payn of rebellion and putin[g] the petitioner to the horne and for the petitioners alledged disobedience intends to cause Denounce him rebell and put him to the horn most wrongeously and unjustly Considering It is of verity 1o/ that the forsaid pretended decreet of Suspensione of the fifth of July Jaj vic nyntie Eight The Charger is ordained to find Sufficient Cautione acted in the saids Lords bookes That the four hundred merks charged for should be refounded in case by the event of the Compt and reckoning betwixt the said Samwell Forbes and James Brown it Should be found that he is debitor to the petitioner in alse much which to the petitioners knowledge was not yet done wherof the petitioner ought to be Certiorat to the effect the petitioner might have made his objections against the Sufficience of the Cautioner Secundo the petitioner could not make payment of the said four hundred merks because the petitioner Obtained the saids Lords Decreet in August Jaj vic nyntie six against the Charger for six hundred merks nomine domini for the petitioners expence in this Calumnious Lybell raised before the saids Lords against the petitioner who was his master, He haveing failled in the probation of any one Single point of the said Malicious and injurious Lybell which he has not yet payed on farding off, et frustra petitur quod nox restituendi est /3o/ Albeit the Charger obtained ane Suspension of the said Six hundred merks of expensses modified by the saids Lords Decreet to the petitioner, yet the principall reasones of Suspension was That the said Samuell Forbes hade Four hundred merks of the Chargers money in his hand Which ought to Compence pro tanto, and the petitioner haveing put up ane protestation in Comon forme for production of the said Calumnious Suspension, And the Charger not haveing as yet produced the said Suspension The petitioner Ought to have the extract of the said protestation Wherby the Charger would be lyable in two hundred Merks more then the Soumes charged for Quarto by the depositiones extant in the petitioners process of reconvention It evidently appeared that the Charger acknowledged the time of Seazing the said Four hundred merks That it all or at least the greatest part therof was the petitioners oun money, So that it were beyond measure hard to oblidge the petitioner to give back his oun money to the Charger who is by his oun acknowledgment clearly proven can have no intrest therin 5o/ Anent the last part of the Charge That the petitioner Should lett the Charter have free access to his Chist in the petitioners house to transport the same to what place he pleaseth, The Charger neither can nor its hoped will pretend that ever he or any in his name haveing his order came to the petitioenrs house of Foveraigne calling for the said Chist to transport is from shame and was refused access, and to evidence the petitioners readiness to obey the saids Lords Order theranent The petitioner hath therewith given in a warrand under the petitioners hand for the petitioners servants giveing him access when he pleases to the house for taking the said Chist out therof and that he may no wayes interupted to transport the Same wher he pleaseth, But all which the saids Lords might perceive how unjustly the Suspender was Charged to the effect forsaid And Therfore the forsaid Letters and charges Ought and Should be Simpliciter Suspended etc Nevertheless for the more obedience the petitioner was content to find Sufficient etc incase it should be found be the saids Lords after discussing of the suspension That the petitioner ought to make payment of the Said Soume And Therfore humbly Craveing the Saids Lords would be pleased to grant Letters of Suspension at the petitioners instance for Sumonding the said James Brown personally To Have Compeired before the saids Lords at ane Certaine day Bringing with him the forsaid Decreet and all Letters and charges and haill grounds and warrands therof To have been Seen and Considered etc and to have heard and seen the samen suspended upon the said suspender, as the said bill of suspensione or it self at more Lenth bears Which bill of suspension being upon the Eleventh of July instant read in presence of the Saids Lords of privy Councill They sisted all execution on the said Decreit Charged on untill ane Certain day now bygone, And in the meantime allowed the Said Charger to See and answer the said bill of Suspension And therafter the Said bill being againe called in presence of the saids Lords upon the Twenty fifth day of the said moneth and year They delayed to proceed therin at that time Bot Declared they would hear both parties and their Lawiers therupon the Thursday following being the day and date hereof And the said bill of Suspension being this day againe called In presence of the saids Lords of his Majesties privy Councill And the said Forbes of Foveraign Compearing personally with Mr David Dalrymple Mr David Forbes and Mr George Alexander his advocats, And the said James Brown Compearing personally, The Saids Lords haveing heard the said James Brown Charger, and also the Suspenders Lawiers And haveing Considered the decreets and interloquitors produced by either partie pronounced in this process, And haveing Considered the bill of suspension given in by the Laird of Foveraigne with the answers made therto, for the said James Brown Charger, And ane representation made by Foveraign in this affair The saids Lords Refuses the said bill of Suspension And Finds the Letters orderly proceeded at James Brown his instance against the said Samuell Forbes of Foveraigne Suspender And Discharges the Clerks of Councill to receive any moe bills of Suspension in this affair.

Att Edinburgh the Twentie Seventh of July Jaj vic Nyntie Nyne

D1699/7/121

Decreet

Decreit James Brown against The Laird of Foveraigne

Anent the bill of Suspension given in to the Lords of his Majesties privy Councill at the instance of Samuell Forbes of Foveraigne Against James Brown in Ethsie charger Shewing That wher Samuell Forbes of Foveraigne was lately charged be vertue of Letters of horning raised at the instance of James Brown sone to Patrick Brown in Ythsie, To make payment and Satisfaction to him of the Soume of Four hundred merks Scots money Contained in ane Decreet of Suspension obtained at the instance of the said James Brown against the said Samuell Forbes of Foveraigne before the saids Lords of privy Councill upon the fifth day of July Jaj vic nyntie Eight years And also to let the said James Brown have free access to his Chist in the petitioners house of Foveraigne and to transport the Samen to what place he pleased and to dispose therupon and what was therin at his pleasure conforme to ane act of the saids Lords of privy Councill dated the fourtein day of February Last by past, And that within ane Certaine Short Space nixt after the charge under the payn of rebellion and putin[g] the petitioner to the horne and for the petitioners alledged disobedience intends to cause Denounce him rebell and put him to the horn most wrongeously and unjustly Considering It is of verity 1o/ that the forsaid pretended decreet of Suspensione of the fifth of July Jaj vic nyntie Eight The Charger is ordained to find Sufficient Cautione acted in the saids Lords bookes That the four hundred merks charged for should be refounded in case by the event of the Compt and reckoning betwixt the said Samwell Forbes and James Brown it Should be found that he is debitor to the petitioner in alse much which to the petitioners knowledge was not yet done wherof the petitioner ought to be Certiorat to the effect the petitioner might have made his objections against the Sufficience of the Cautioner Secundo the petitioner could not make payment of the said four hundred merks because the petitioner Obtained the saids Lords Decreet in August Jaj vic nyntie six against the Charger for six hundred merks nomine domini for the petitioners expence in this Calumnious Lybell raised before the saids Lords against the petitioner who was his master, He haveing failled in the probation of any one Single point of the said Malicious and injurious Lybell which he has not yet payed on farding off, et frustra petitur quod nox restituendi est /3o/ Albeit the Charger obtained ane Suspension of the said Six hundred merks of expensses modified by the saids Lords Decreet to the petitioner, yet the principall reasones of Suspension was That the said Samuell Forbes hade Four hundred merks of the Chargers money in his hand Which ought to Compence pro tanto, and the petitioner haveing put up ane protestation in Comon forme for production of the said Calumnious Suspension, And the Charger not haveing as yet produced the said Suspension The petitioner Ought to have the extract of the said protestation Wherby the Charger would be lyable in two hundred Merks more then the Soumes charged for Quarto by the depositiones extant in the petitioners process of reconvention It evidently appeared that the Charger acknowledged the time of Seazing the said Four hundred merks That it all or at least the greatest part therof was the petitioners oun money, So that it were beyond measure hard to oblidge the petitioner to give back his oun money to the Charger who is by his oun acknowledgment clearly proven can have no intrest therin 5o/ Anent the last part of the Charge That the petitioner Should lett the Charter have free access to his Chist in the petitioners house to transport the same to what place he pleaseth, The Charger neither can nor its hoped will pretend that ever he or any in his name haveing his order came to the petitioenrs house of Foveraigne calling for the said Chist to transport is from shame and was refused access, and to evidence the petitioners readiness to obey the saids Lords Order theranent The petitioner hath therewith given in a warrand under the petitioners hand for the petitioners servants giveing him access when he pleases to the house for taking the said Chist out therof and that he may no wayes interupted to transport the Same wher he pleaseth, But all which the saids Lords might perceive how unjustly the Suspender was Charged to the effect forsaid And Therfore the forsaid Letters and charges Ought and Should be Simpliciter Suspended etc Nevertheless for the more obedience the petitioner was content to find Sufficient etc incase it should be found be the saids Lords after discussing of the suspension That the petitioner ought to make payment of the Said Soume And Therfore humbly Craveing the Saids Lords would be pleased to grant Letters of Suspension at the petitioners instance for Sumonding the said James Brown personally To Have Compeired before the saids Lords at ane Certaine day Bringing with him the forsaid Decreet and all Letters and charges and haill grounds and warrands therof To have been Seen and Considered etc and to have heard and seen the samen suspended upon the said suspender, as the said bill of suspensione or it self at more Lenth bears Which bill of suspension being upon the Eleventh of July instant read in presence of the Saids Lords of privy Councill They sisted all execution on the said Decreit Charged on untill ane Certain day now bygone, And in the meantime allowed the Said Charger to See and answer the said bill of Suspension And therafter the Said bill being againe called in presence of the saids Lords upon the Twenty fifth day of the said moneth and year They delayed to proceed therin at that time Bot Declared they would hear both parties and their Lawiers therupon the Thursday following being the day and date hereof And the said bill of Suspension being this day againe called In presence of the saids Lords of his Majesties privy Councill And the said Forbes of Foveraign Compearing personally with Mr David Dalrymple Mr David Forbes and Mr George Alexander his advocats, And the said James Brown Compearing personally, The Saids Lords haveing heard the said James Brown Charger, and also the Suspenders Lawiers And haveing Considered the decreets and interloquitors produced by either partie pronounced in this process, And haveing Considered the bill of suspension given in by the Laird of Foveraigne with the answers made therto, for the said James Brown Charger, And ane representation made by Foveraign in this affair The saids Lords Refuses the said bill of Suspension And Finds the Letters orderly proceeded at James Brown his instance against the said Samuell Forbes of Foveraigne Suspender And Discharges the Clerks of Councill to receive any moe bills of Suspension in this affair.

1. NRS, PC2/27, 225r-227r.

1. NRS, PC2/27, 225r-227r.

Act, 27 July 1699, Edinburgh

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Att Edinburgh the Twentie Seventh of July Jaj vic Nyntie Nyne

D1699/7/111

Act

Act Changing John Weirs Sentance

Anent the petition given in to the Lords of his Majesties privy Councill be John Weir prisoner in the Tolbooth of Edinburgh and under Sentance of death Shewing That wheras the Commissioners of his Majesties Justiciary by their Sentence and Decreet hade ordained the petitioner to be put to death, For being found airt and part in the Cryme of falsiefieing his majesties Coyne, and the Sentance to be execute upon the twenty first of July instance now altered by the saids Lords Clemency and mercy to the eight of September nixt The petitioner in his former petitione did not offer to Lesen or extenuat his Cryme of himself Bot haveing obtained from Thomas Halloway who was execute for the forsaid cryme upon the twenty first of July instant by a declaration two hours before his death Subscrybed by himself and two witnesses Wherin he Declares that the petitioner was induced and inticed to goe allong with him in the said cryme, And the petitioner never cited or was capable to act, and this he declared as a dying man as the declaratione therwith produced would testifie And Therfore humbly Craveing the saids Lords would be pleased for the Lords sake yet to consider his misserable case and out of their Lordships wonted clemency and Compassion to Commiserat the petitioners condition and to Change the Sentence of death pronounced against the petitioner into a Sentence of perpetuall banishment to any place in the world That their Lordships thought fitt to appoint without returne under the payne of death as the petition bears. The Lords of his majesties privy Councill haveing Considered the above petition given into them by the above John Weir Sentanced to death for false Coyne, with the declaration mentioned therin and produced therwith, They hereby Commute and Change the Sentence of death pronounced against the said John Weir and Discharges the Said Sentence of death to be put to executione against him, and Ordaines him to Continue in the prison of Edinburgh wher he now lyes untill farder Order from the Lords of privy Councill how he shall be disposed off. Sic subscribitur Marchmont Cancellar I:p:d: Crafurd Mar, Cassills, Kintoir, Strathnaver Forbes, Archibald Murray George Home.

Att Edinburgh the Twentie Seventh of July Jaj vic Nyntie Nyne

D1699/7/111

Act

Act Changing John Weirs Sentance

Anent the petition given in to the Lords of his Majesties privy Councill be John Weir prisoner in the Tolbooth of Edinburgh and under Sentance of death Shewing That wheras the Commissioners of his Majesties Justiciary by their Sentence and Decreet hade ordained the petitioner to be put to death, For being found airt and part in the Cryme of falsiefieing his majesties Coyne, and the Sentance to be execute upon the twenty first of July instance now altered by the saids Lords Clemency and mercy to the eight of September nixt The petitioner in his former petitione did not offer to Lesen or extenuat his Cryme of himself Bot haveing obtained from Thomas Halloway who was execute for the forsaid cryme upon the twenty first of July instant by a declaration two hours before his death Subscrybed by himself and two witnesses Wherin he Declares that the petitioner was induced and inticed to goe allong with him in the said cryme, And the petitioner never cited or was capable to act, and this he declared as a dying man as the declaratione therwith produced would testifie And Therfore humbly Craveing the saids Lords would be pleased for the Lords sake yet to consider his misserable case and out of their Lordships wonted clemency and Compassion to Commiserat the petitioners condition and to Change the Sentence of death pronounced against the petitioner into a Sentence of perpetuall banishment to any place in the world That their Lordships thought fitt to appoint without returne under the payne of death as the petition bears. The Lords of his majesties privy Councill haveing Considered the above petition given into them by the above John Weir Sentanced to death for false Coyne, with the declaration mentioned therin and produced therwith, They hereby Commute and Change the Sentence of death pronounced against the said John Weir and Discharges the Said Sentence of death to be put to executione against him, and Ordaines him to Continue in the prison of Edinburgh wher he now lyes untill farder Order from the Lords of privy Councill how he shall be disposed off. Sic subscribitur Marchmont Cancellar I:p:d: Crafurd Mar, Cassills, Kintoir, Strathnaver Forbes, Archibald Murray George Home.

1. NRS, PC2/27, 224v-225r.

1. NRS, PC2/27, 224v-225r.

Sederunt, 27 July 1699, Edinburgh

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Att Edinburgh the Twentie Seventh of July Jaj vic Nyntie Nyne1

D1699/7/102

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Earl of Argyll; Earl of Crafurd; Earl of Marr; Earl of Mortone; Earl of Cassills; Earl of Lauderdale; Earl of Lothian; Earl of Leven; Earl of Annandale; Earl of Northesk; Earl of Forfar; Earl of Kintoir; Lord Strathnaver; Lord Jedburgh; Lord Carmicheall; Lord Forbes; Lord Boyle; Lord Advocat; Lord Thesaurer Deput; Lord Aberurchill; Lord Rankeillor; Mr Fran: Montgomry; Laird of Blackbarrony; Laird of Stivenson; Lord Provost of Edinburgh

Att Edinburgh the Twentie Seventh of July Jaj vic Nyntie Nyne1

D1699/7/102

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Earl of Argyll; Earl of Crafurd; Earl of Marr; Earl of Mortone; Earl of Cassills; Earl of Lauderdale; Earl of Lothian; Earl of Leven; Earl of Annandale; Earl of Northesk; Earl of Forfar; Earl of Kintoir; Lord Strathnaver; Lord Jedburgh; Lord Carmicheall; Lord Forbes; Lord Boyle; Lord Advocat; Lord Thesaurer Deput; Lord Aberurchill; Lord Rankeillor; Mr Fran: Montgomry; Laird of Blackbarrony; Laird of Stivenson; Lord Provost of Edinburgh

1. NRS, PC2/27, 224v.

2. NRS, PC2/27, 224v.

1. NRS, PC2/27, 224v.

2. NRS, PC2/27, 224v.