Tag Archives: 27 June 1700

Act, 27 June 1700, Edinburgh

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Att Edinburgh The Twentie Seventh day of June Jaj viic years

D1700/6/121

Act

Act Claud Hamilton of Barnes etc

Anent a Petition given in to his Majesties high Commissioner and the Lords of his Majesties privy Councill be Cloud Hamilton of Barnes […] Edmonston of Duntreath, John Spreull of Milntoune John Stirling alias Campbell of Law, Walter Buchannan of Gillistoune John Mackrae of Holl, John Hunter Robert Mirosione […] Boigle, William Laing John and William Johnstounes, James Findlay […] Calquhoune daughter to umquhill John Calquhoune of Auchintorlie, James Lainge Brock James Donald Alexander Douglas and […] Hamilton heritors and their tenents of the Lands of Barnes, Killbowies Balquhannoran Milnetoune Auchinleck Breadfeild Edinbarned Cochnayes Dintaglennan, Auchintoshen, Easter and wester Kilpatricks Shewing That albeit quartering of Souldiers for any Civill debt for execution of any Civill right be strictly prohibited and Discharged ay in any acts of parliament as manifast oppression yet Cathcart Ensigne in the Castle of Dumbartone at the desire of John Walkinshaw factor to the Dutches of Lennox Did by ane order under his hand dated the thretein day of this moneth of June Send a partie to quarter upon the petitioners upon pretence of uplifting Some watch maill alledged due by the petitioners to the Duke or Dutches of Lennox And in prosecutione of the forsaid order the forsaid partie have Lyen and Continued to exact free quarters from the petitioners to their heavie oppression and in manifast Contempt both of acts of parliament and Claime of right against such practises particularly against Military executione for Civill rights Which if Tollerat would very soon ruin Small heritors and their tennants And the saids Lords in the Case of Sir William Hope and Gordon, Haveing Found such practises altogither Illegall though the Circumstances in that cause were not so attrocious as here And Therfore Humbly Craveing his Grace and the saids Lords would be pleased Not only to order the said partie to be removed from the petitioners without any expensses, or Rideing money Bot Likewayes Grant warrand to the petitioners for Citeing Ensigne Cathcart Corporall William Robertsone who Comanded the partie and Livetennant John Walkingshaw to answer before the saids Lords for the said Manifast oppression and free quartering Contrary to Law as the said petition bears. His Majesties high Commissioner and the Lords of his Majesties privy Councill haveing Considered the above petition given in to them by the above Claud Hamiltone of Barnes and others They hereby Ordaine the above partie quartered upon the petitioner to be removed from off them and that without any expensses or ryding money And in the mean time allowes the above Ensigned Cathcart Corporall Robertson and Livetenant Walkingshaw to see and answer the above petition as to the remanent points therof.

Att Edinburgh The Twentie Seventh day of June Jaj viic years

D1700/6/121

Act

Act Claud Hamilton of Barnes etc

Anent a Petition given in to his Majesties high Commissioner and the Lords of his Majesties privy Councill be Cloud Hamilton of Barnes […] Edmonston of Duntreath, John Spreull of Milntoune John Stirling alias Campbell of Law, Walter Buchannan of Gillistoune John Mackrae of Holl, John Hunter Robert Mirosione […] Boigle, William Laing John and William Johnstounes, James Findlay […] Calquhoune daughter to umquhill John Calquhoune of Auchintorlie, James Lainge Brock James Donald Alexander Douglas and […] Hamilton heritors and their tenents of the Lands of Barnes, Killbowies Balquhannoran Milnetoune Auchinleck Breadfeild Edinbarned Cochnayes Dintaglennan, Auchintoshen, Easter and wester Kilpatricks Shewing That albeit quartering of Souldiers for any Civill debt for execution of any Civill right be strictly prohibited and Discharged ay in any acts of parliament as manifast oppression yet Cathcart Ensigne in the Castle of Dumbartone at the desire of John Walkinshaw factor to the Dutches of Lennox Did by ane order under his hand dated the thretein day of this moneth of June Send a partie to quarter upon the petitioners upon pretence of uplifting Some watch maill alledged due by the petitioners to the Duke or Dutches of Lennox And in prosecutione of the forsaid order the forsaid partie have Lyen and Continued to exact free quarters from the petitioners to their heavie oppression and in manifast Contempt both of acts of parliament and Claime of right against such practises particularly against Military executione for Civill rights Which if Tollerat would very soon ruin Small heritors and their tennants And the saids Lords in the Case of Sir William Hope and Gordon, Haveing Found such practises altogither Illegall though the Circumstances in that cause were not so attrocious as here And Therfore Humbly Craveing his Grace and the saids Lords would be pleased Not only to order the said partie to be removed from the petitioners without any expensses, or Rideing money Bot Likewayes Grant warrand to the petitioners for Citeing Ensigne Cathcart Corporall William Robertsone who Comanded the partie and Livetennant John Walkingshaw to answer before the saids Lords for the said Manifast oppression and free quartering Contrary to Law as the said petition bears. His Majesties high Commissioner and the Lords of his Majesties privy Councill haveing Considered the above petition given in to them by the above Claud Hamiltone of Barnes and others They hereby Ordaine the above partie quartered upon the petitioner to be removed from off them and that without any expensses or ryding money And in the mean time allowes the above Ensigned Cathcart Corporall Robertson and Livetenant Walkingshaw to see and answer the above petition as to the remanent points therof.

1. NRS, PC2/27, 347r-348r.

1. NRS, PC2/27, 347r-348r.

Act, 27 June 1700, Edinburgh

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Att Edinburgh The Twentie Seventh day of June Jaj viic years

D1700/6/111

Act

Act The Lady Strowan

Anent a Petition given in to His Majesties high Commissioner and the Lords of his Majesties privy Councill Be The Lady, Strowan, and Margaret, Jannet and Allison Robertones her daughters. Shewing That the petitioner the Lady Strowan haveing raised ane process before the saids Lords against Duncan Robertsone ane most ingrate and undutifull Sone to her, For severall autrages acts of Bangstrie and oppression Committed against her and her tennents wherin some witnesses hade been adduced and examined, and by Whose depositiones it was convinceingly clear That the said Duncan hath been guilty of the acts of oppression and violence against his mother in Maner Lybelled, Bot ther being Some farder witnesses to be adduced for concludeing the probation who are not examined No messengers dareing to give to that Countrey to put the petitioners Second dilligence against the witnesses in executione The Said Duncan for preventing therof And as ane addition to his former guilt haveing now Convocat and gathered togither ane Considerable number of Idle Vagabonds and Ruffians who all of them being armed to have oppenly and avowedly Laid waste the petitioners whole Joynture Lands and banished the tennents and their goods theirfrae, And particularly hath Seased upon Mrs Margaret Robertsone his sister who possessed one of these roomes her whole goods and Caried them away with his pertie, and not only so Bot when a partie of his Majesties forces then in Garisone at Carie came at her desire in order to rescue her goods and protect her in the possession, They did fire upon them Eight or nyne severall Shott, and therafter the Commander of the partie haveing inquyred at the said Duncan how it was and on what account that he did head so many armed men, He very ingeneously acknowledged That it was to dispossess the said Lady Strowan his mother and her tennents and which he hath done very effectually And Likewayes hath Laid waist any possession his other Sister Mrs Jannet hade Wherby the petitioners are ruined publict authority Contemned and his Majesties forces Also weell as others exposed to eminent danger, so that it seems necessary That such unwarrantable Convocationes be quailled and dissipate And the Ringleaders Seazed upon and punished without which both the publict peace of the kingdome and intrest of privat parties was insecure And Therfore Humbly Craveing the saids Lords would be pleased to order the Seazing upon and apprehending the said Duncan Robertson and his accomplices wherever they may be found, And Likewayes that the said Mrs Margret Robertsone her goods taken away by the said Duncan and his partie may be seazed upon wher ever the same can be found and redelivered to her, and that the nixt adjacent souldiers to the petitioners Joynture Lands might be Ordained to protect and defend the petitioners tennants in their possessiones, And that seing ther has been so highneous ane injury done to his Majesties forces, and that by the said Duncan Cruell and outrageous acts the publict peace has been disturbed And that the Lady and her other Cheldrein by his Laying the Lands waste and Seazing and Carieing away their goods hade rendered them altogither incapable to persew for redress they being reduced to these Straits and difficultie that they hade not wherupon to Leave It was therfore Likewayes humbly Craved that the saids Lords would be pleased to ordaine the said Duncan and his accomplices to be pursued upon the publict charge As the said petitione bears His Majesties high Commissioner and the Lords of his Majesties privy Councill Haveing Considered the above petition given in to them be the above Lady Strowan, Margaret, Jannet and Alison Robertsones her daughters; With a Letter direct from John Reid to Collonell James Fergusone or in his absence to the Commandant at Pearth relateing to the same affair mentioned in the petition, They hereby Give order and warrant to the said Collonell James Fergusone or the said Commandant and Souldiers under their Command Lying at […] To Seaze upon and apprehend the persone of the above Duncan Robertsone the petitioners sone and to Cause send him to the Tolbooth of Edinburgh under a sufficient guard, And ordaines the Magistrats of Edinburgh and keeper of their Tolbooth receive the said Duncan Robertsone from the party to be sent by the said Collonell Fergusone or Commandant and to keep him prisoner in their Tolbooth till farder order and allowes the said Lady Strowan and her daughters to raise a persuite against her said sone in Comon forme.

Att Edinburgh The Twentie Seventh day of June Jaj viic years

D1700/6/111

Act

Act The Lady Strowan

Anent a Petition given in to His Majesties high Commissioner and the Lords of his Majesties privy Councill Be The Lady, Strowan, and Margaret, Jannet and Allison Robertones her daughters. Shewing That the petitioner the Lady Strowan haveing raised ane process before the saids Lords against Duncan Robertsone ane most ingrate and undutifull Sone to her, For severall autrages acts of Bangstrie and oppression Committed against her and her tennents wherin some witnesses hade been adduced and examined, and by Whose depositiones it was convinceingly clear That the said Duncan hath been guilty of the acts of oppression and violence against his mother in Maner Lybelled, Bot ther being Some farder witnesses to be adduced for concludeing the probation who are not examined No messengers dareing to give to that Countrey to put the petitioners Second dilligence against the witnesses in executione The Said Duncan for preventing therof And as ane addition to his former guilt haveing now Convocat and gathered togither ane Considerable number of Idle Vagabonds and Ruffians who all of them being armed to have oppenly and avowedly Laid waste the petitioners whole Joynture Lands and banished the tennents and their goods theirfrae, And particularly hath Seased upon Mrs Margaret Robertsone his sister who possessed one of these roomes her whole goods and Caried them away with his pertie, and not only so Bot when a partie of his Majesties forces then in Garisone at Carie came at her desire in order to rescue her goods and protect her in the possession, They did fire upon them Eight or nyne severall Shott, and therafter the Commander of the partie haveing inquyred at the said Duncan how it was and on what account that he did head so many armed men, He very ingeneously acknowledged That it was to dispossess the said Lady Strowan his mother and her tennents and which he hath done very effectually And Likewayes hath Laid waist any possession his other Sister Mrs Jannet hade Wherby the petitioners are ruined publict authority Contemned and his Majesties forces Also weell as others exposed to eminent danger, so that it seems necessary That such unwarrantable Convocationes be quailled and dissipate And the Ringleaders Seazed upon and punished without which both the publict peace of the kingdome and intrest of privat parties was insecure And Therfore Humbly Craveing the saids Lords would be pleased to order the Seazing upon and apprehending the said Duncan Robertson and his accomplices wherever they may be found, And Likewayes that the said Mrs Margret Robertsone her goods taken away by the said Duncan and his partie may be seazed upon wher ever the same can be found and redelivered to her, and that the nixt adjacent souldiers to the petitioners Joynture Lands might be Ordained to protect and defend the petitioners tennants in their possessiones, And that seing ther has been so highneous ane injury done to his Majesties forces, and that by the said Duncan Cruell and outrageous acts the publict peace has been disturbed And that the Lady and her other Cheldrein by his Laying the Lands waste and Seazing and Carieing away their goods hade rendered them altogither incapable to persew for redress they being reduced to these Straits and difficultie that they hade not wherupon to Leave It was therfore Likewayes humbly Craved that the saids Lords would be pleased to ordaine the said Duncan and his accomplices to be pursued upon the publict charge As the said petitione bears His Majesties high Commissioner and the Lords of his Majesties privy Councill Haveing Considered the above petition given in to them be the above Lady Strowan, Margaret, Jannet and Alison Robertsones her daughters; With a Letter direct from John Reid to Collonell James Fergusone or in his absence to the Commandant at Pearth relateing to the same affair mentioned in the petition, They hereby Give order and warrant to the said Collonell James Fergusone or the said Commandant and Souldiers under their Command Lying at […] To Seaze upon and apprehend the persone of the above Duncan Robertsone the petitioners sone and to Cause send him to the Tolbooth of Edinburgh under a sufficient guard, And ordaines the Magistrats of Edinburgh and keeper of their Tolbooth receive the said Duncan Robertsone from the party to be sent by the said Collonell Fergusone or Commandant and to keep him prisoner in their Tolbooth till farder order and allowes the said Lady Strowan and her daughters to raise a persuite against her said sone in Comon forme.

1. NRS, PC2/27, 345v-347r.

1. NRS, PC2/27, 345v-347r.

Decreet, 27 June 1700, Edinburgh

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Att Edinburgh The Twentie Seventh day of June Jaj viic years

D1700/6/101

Decreet

[Earl and Countess of Sutherland Against James White]

After the point of right was dismissed before the Lords of Session Conforme to the remitt to them of the date the twenty one day of November last by past The Countes of Southerland and the Earle of Southerland gave in a petitione to the Lords of his Majesties privy Councill Which with another petition given in at the same time by James Whyte Commissar Clerk of Lauder Being upon the Threteinth day of June instant Considered be the saids Lords of privy Councill, His Majesties high Commissioner and the Lords of privy Councill by their Interloquitor of the date forsaid upon the said two bills did appoint the Macers of Councill to advertise the Committie appointed in the said two Muttuall processes to meett and recomended to the said Committie to endeavor to setle and agree both parties in the Matter Lybelled And Declared they would hear both parties in the saids processes at any Certaine day now by gone And appointed them to attend the Councill that day for that effect And the Saids two processes being called this day in presence of the Lords of his majesties privy Councill, And the pursuer in the principall Lybell who is defender in the reconventione Compearing by Mr David Dalrymple and Mr William Calderwood his advocats And the defenders in the principall lybell who are persuers in the reconvention2 Compearing by Sir James Stewart his majesties advocats and both parties advocats being fully heard in the matter Lybelled And his majesties high Commissioner and Lords of his Majesties privy Councill Haveing Considered both petitiones or bills with the haill debate made be both parties procurators and wrytes produced for the Lady Southerland They Have Recalled and hereby Recalls the former order of Councill emitted in their process Discharging all parties The marques of Douglas Countes of Southerland or any other persones whatsoever to exercise any Jurisdictione be themselves or their baillies or deputes within the Bailliary of the regallity of Prestoune and Bimokle and Declaires the Same extract void and null as if it hade never been given nor pronunced And have Reponed and hereby Repones the said Countes of Southerland to the exercise of the office of Baillie in the said regallity And that in the termes of the Lords of Councill and Session their decreet wherby they Find that the said Countes of Southerland has right to the Jurisdictione of the Regallity within the bounds of the propertie of the Lands lifrented by her Which decreet of Session is dated the twentie sixth day of January Last by past And have Dicharged3 and hereby Discharges the said James Whyt or any other persone whatsoever to exerce the said office Contrary to, or Interupt the forsaid Countes or her baillies in exerceing of the same in the termes of the4 forsaid decreet of the Lords of Session in time comeing dureing all the dayes years and Space of the said Countes of Southerland her life time.

Att Edinburgh The Twentie Seventh day of June Jaj viic years

D1700/6/101

Decreet

[Earl and Countess of Sutherland Against James White]

After the point of right was dismissed before the Lords of Session Conforme to the remitt to them of the date the twenty one day of November last by past The Countes of Southerland and the Earle of Southerland gave in a petitione to the Lords of his Majesties privy Councill Which with another petition given in at the same time by James Whyte Commissar Clerk of Lauder Being upon the Threteinth day of June instant Considered be the saids Lords of privy Councill, His Majesties high Commissioner and the Lords of privy Councill by their Interloquitor of the date forsaid upon the said two bills did appoint the Macers of Councill to advertise the Committie appointed in the said two Muttuall processes to meett and recomended to the said Committie to endeavor to setle and agree both parties in the Matter Lybelled And Declared they would hear both parties in the saids processes at any Certaine day now by gone And appointed them to attend the Councill that day for that effect And the Saids two processes being called this day in presence of the Lords of his majesties privy Councill, And the pursuer in the principall Lybell who is defender in the reconventione Compearing by Mr David Dalrymple and Mr William Calderwood his advocats And the defenders in the principall lybell who are persuers in the reconvention2 Compearing by Sir James Stewart his majesties advocats and both parties advocats being fully heard in the matter Lybelled And his majesties high Commissioner and Lords of his Majesties privy Councill Haveing Considered both petitiones or bills with the haill debate made be both parties procurators and wrytes produced for the Lady Southerland They Have Recalled and hereby Recalls the former order of Councill emitted in their process Discharging all parties The marques of Douglas Countes of Southerland or any other persones whatsoever to exercise any Jurisdictione be themselves or their baillies or deputes within the Bailliary of the regallity of Prestoune and Bimokle and Declaires the Same extract void and null as if it hade never been given nor pronunced And have Reponed and hereby Repones the said Countes of Southerland to the exercise of the office of Baillie in the said regallity And that in the termes of the Lords of Councill and Session their decreet wherby they Find that the said Countes of Southerland has right to the Jurisdictione of the Regallity within the bounds of the propertie of the Lands lifrented by her Which decreet of Session is dated the twentie sixth day of January Last by past And have Dicharged3 and hereby Discharges the said James Whyt or any other persone whatsoever to exerce the said office Contrary to, or Interupt the forsaid Countes or her baillies in exerceing of the same in the termes of the4 forsaid decreet of the Lords of Session in time comeing dureing all the dayes years and Space of the said Countes of Southerland her life time.

1. NRS, PC2/27, 344v-345v.

2. The clause ‘Compearing by Mr David Dalrymple and Mr William Calderwood his advocats And the defenders in the principall lybell who are persuers in the reconvention’ is an insertion.

3. Sic.

4. The words ‘of the’ are an insertion.

1. NRS, PC2/27, 344v-345v.

2. The clause ‘Compearing by Mr David Dalrymple and Mr William Calderwood his advocats And the defenders in the principall lybell who are persuers in the reconvention’ is an insertion.

3. Sic.

4. The words ‘of the’ are an insertion.

Sederunt, 27 June 1700, Edinburgh

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Att Edinburgh The Twentie Seventh day of June Jaj viic years1

D1700/6/92

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Melvill P:C:; Earl of Crafurd; Earl of Erroll; Earl of Marr; Earl of Morton; Earl of Eglingtoune; Earl of Finlator; Earl of Leven; Earl of Forfar; Earl of Kintoir; Lord Strathnaver; Lord Carmichaell S:; Lord Forbes; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Phesdoe; Mr Fra: Montgomry; Lord Provest of Edinburgh

Att Edinburgh The Twentie Seventh day of June Jaj viic years1

D1700/6/92

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Melvill P:C:; Earl of Crafurd; Earl of Erroll; Earl of Marr; Earl of Morton; Earl of Eglingtoune; Earl of Finlator; Earl of Leven; Earl of Forfar; Earl of Kintoir; Lord Strathnaver; Lord Carmichaell S:; Lord Forbes; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Phesdoe; Mr Fra: Montgomry; Lord Provest of Edinburgh

1. NRS, PC2/27, 343v.

2. NRS, PC2/27, 344v.

1. NRS, PC2/27, 343v.

2. NRS, PC2/27, 344v.

Procedure: committee formed, 27 June 1700, Edinburgh

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Att Edinburgh The Twenty Seventh day of June Jaj viic years

A1700/6/311

Procedure: committee formed

Committee Anent the Letter Sent To Brigadier Maitland by Farquharson of Invercald and others

His Majesties High Commissioner and the Lords of his Majesties privy Councill having heard a Letter directed by Farqwharson of Innercald and Severall others of the Laird of McIntosh his freinds, To Brigadier Maitland Governour att Fortwilliam They heirby nominate and appoint, The Lord President of Session The Lord Advocat, Lord Thesaurer Deput, Lord Justice-Clerk Lord Aberuchill, Lord Philiphaugh and Lord Halcraig, To be a Committee for Considering the said Letter with the paper of Articles produced therewith, And Recomends to the said Committee To meet the morrow at Ten in the forenoon, And declares any Three of them to be a Sufficient quorum, And Recomends to the said Committee, To make their Report in the said matter to the Councill with their First Conveniency.

Att Edinburgh The Twenty Seventh day of June Jaj viic years

A1700/6/311

Procedure: committee formed

Committee Anent the Letter Sent To Brigadier Maitland by Farquharson of Invercald and others

His Majesties High Commissioner and the Lords of his Majesties privy Councill having heard a Letter directed by Farqwharson of Innercald and Severall others of the Laird of McIntosh his freinds, To Brigadier Maitland Governour att Fortwilliam They heirby nominate and appoint, The Lord President of Session The Lord Advocat, Lord Thesaurer Deput, Lord Justice-Clerk Lord Aberuchill, Lord Philiphaugh and Lord Halcraig, To be a Committee for Considering the said Letter with the paper of Articles produced therewith, And Recomends to the said Committee To meet the morrow at Ten in the forenoon, And declares any Three of them to be a Sufficient quorum, And Recomends to the said Committee, To make their Report in the said matter to the Councill with their First Conveniency.

1. NRS, PC1/52, 118.

1. NRS, PC1/52, 118.

Sederunt, 27 June 1700, Edinburgh

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Att Edinburgh The Twenty Seventh day of June Jaj viic years1

A1700/6/302

Sederunt

His Majesties high Commissioner; Lord Chancellor; Earl of Melvill P.C.; Earl of Crafurd; Earl of Erroll; Earl of Mar; Earl of Morton; Earl of Eglinton; Earl of Finlator; Earl of Leven; Earl of Forfar; Earl of Kintore; Lord Strathnaver; Lord Carmichaell S:; Lord Forbes; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice-Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Phesdoe; Mr Fr: Montgomry; Lord Provost of Edinburgh

Att Edinburgh The Twenty Seventh day of June Jaj viic years1

A1700/6/302

Sederunt

His Majesties high Commissioner; Lord Chancellor; Earl of Melvill P.C.; Earl of Crafurd; Earl of Erroll; Earl of Mar; Earl of Morton; Earl of Eglinton; Earl of Finlator; Earl of Leven; Earl of Forfar; Earl of Kintore; Lord Strathnaver; Lord Carmichaell S:; Lord Forbes; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Justice-Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Phesdoe; Mr Fr: Montgomry; Lord Provost of Edinburgh

1. NRS, PC1/52, 117.

2. NRS, PC1/52, 118.

1. NRS, PC1/52, 117.

2. NRS, PC1/52, 118.