Tag Archives: 28 December 1697

Act, 28 December 1697, Edinburgh

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D1697/12/121

Act

Act Stipend of Aberdour in Bwchan

The Lords of his majesties privie Cownsell haveing considered a petitione given in to them by Mr John Whyte with a Counter petitioner for the heretors and parochiners of Aberdowre in Bwchan wher the said Mr John did preach They doe heirby refwise the desyre of Mr John Whytes petitione And allowes the haill yeirs Stipend of Cropt Jaj vic nyntie Six of the said Kirk to be imployed at the Sight of the moderator of the presbetrie within which the said kirk lyes or any to be imployed by him And that upon the necessarie piows wses within the paroch swch as repaireing of kirk and manse and releaveing the necessities of orphands and poor people and nominats and appoints Henry Caddell at the mylne of Aberdour to be factor and collector for uplifting of the said haill yeirs Stipend And decernes and ordaines him to be readiely answered obeyed and payed of the said yeirs Stipend by the heretors fewars wodsetters liferenters titullars tacksemen of teinds tennents possessors and others lyable in payment of the Samen And ordaines Letters of horneing on fiftein dayes under the Signet of Counsell and others neidfull to be directlie on at the said factors at the said factors instance against the heretors fewers wodsetters and others foirsaids lyable in payment of ther respective proportiones therof according as they shall be decerned by the Judge ordinar The said Henry Caddell first befoir extracting heirof giveing bond and finding Sufficient Cautione acted in the books of privie Counsell that he Shall imploy the foirsaid haill yeirs Stipend for the ends and wses abovmentioned And the saids Lords Doe heirby declaire that this Stipend or gift is expressly burdened with the payment of twentie merks appointed to be payed to the ministers preaching at the foirsaid kirk Conforme to the act of parliament made theranent

Att Edinburgh the twentie eight day of December Jaj vic nyntie Seven yeirs

D1697/12/121

Act

Act Stipend of Aberdour in Bwchan

The Lords of his majesties privie Cownsell haveing considered a petitione given in to them by Mr John Whyte with a Counter petitioner for the heretors and parochiners of Aberdowre in Bwchan wher the said Mr John did preach They doe heirby refwise the desyre of Mr John Whytes petitione And allowes the haill yeirs Stipend of Cropt Jaj vic nyntie Six of the said Kirk to be imployed at the Sight of the moderator of the presbetrie within which the said kirk lyes or any to be imployed by him And that upon the necessarie piows wses within the paroch swch as repaireing of kirk and manse and releaveing the necessities of orphands and poor people and nominats and appoints Henry Caddell at the mylne of Aberdour to be factor and collector for uplifting of the said haill yeirs Stipend And decernes and ordaines him to be readiely answered obeyed and payed of the said yeirs Stipend by the heretors fewars wodsetters liferenters titullars tacksemen of teinds tennents possessors and others lyable in payment of the Samen And ordaines Letters of horneing on fiftein dayes under the Signet of Counsell and others neidfull to be directlie on at the said factors at the said factors instance against the heretors fewers wodsetters and others foirsaids lyable in payment of ther respective proportiones therof according as they shall be decerned by the Judge ordinar The said Henry Caddell first befoir extracting heirof giveing bond and finding Sufficient Cautione acted in the books of privie Counsell that he Shall imploy the foirsaid haill yeirs Stipend for the ends and wses abovmentioned And the saids Lords Doe heirby declaire that this Stipend or gift is expressly burdened with the payment of twentie merks appointed to be payed to the ministers preaching at the foirsaid kirk Conforme to the act of parliament made theranent

1. NRS, PC2/27, 64v-65r.

1. NRS, PC2/27, 64v-65r.

Procedure, 28 December 1697, Edinburgh

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Att Edinburgh the twentie eight day of December Jaj vic nyntie Seven yeirs

D1697/12/111

Procedure

Recomendatione Laird of Grant anent process Paull Against Towne of Elgin2

Recomended to The Laird of Grant yet to Speake and daill with the magistrats of Elgin that they delyver up to William Paull his former burges ticket And the band granted by him which is in the hands of Sir […] Caddell of Murtowne containing […] of penaltie And that they consent that The clerks of Cowncell doe delyver up William Pauls charter which is in ther Lordships Hands.

Att Edinburgh the twentie eight day of December Jaj vic nyntie Seven yeirs

D1697/12/111

Procedure

Recomendatione Laird of Grant anent process Paull Against Towne of Elgin2

Recomended to The Laird of Grant yet to Speake and daill with the magistrats of Elgin that they delyver up to William Paull his former burges ticket And the band granted by him which is in the hands of Sir […] Caddell of Murtowne containing […] of penaltie And that they consent that The clerks of Cowncell doe delyver up William Pauls charter which is in ther Lordships Hands.

1. NRS, PC2/27, 64r-64v.

2. An illegible word scored out here.

1. NRS, PC2/27, 64r-64v.

2. An illegible word scored out here.

Sederunt, 28 December 1697, Edinburgh

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Att Edinburgh the twentie eight day of December Jaj vic nyntie Seven yeirs1

D1697/12/102

Sederunt

Lord Chancellor; Earl of Mellvill; Earl of Sutherland; Earl of Morton; Earl of Bwchan; Earl of Leven; Earl of Forffar; Viscount Tarbat; Lord Montgomery; Lord Raith; Lord Forbes; Lord Carmichael; Lord Advocat; Lord Philliphaugh; Lord Rankeillor; Laird of Grant; Laird of Pollock; Laird of Cessnock

Att Edinburgh the twentie eight day of December Jaj vic nyntie Seven yeirs1

D1697/12/102

Sederunt

Lord Chancellor; Earl of Mellvill; Earl of Sutherland; Earl of Morton; Earl of Bwchan; Earl of Leven; Earl of Forffar; Viscount Tarbat; Lord Montgomery; Lord Raith; Lord Forbes; Lord Carmichael; Lord Advocat; Lord Philliphaugh; Lord Rankeillor; Laird of Grant; Laird of Pollock; Laird of Cessnock

1. NRS, PC2/27, 64r.

2. NRS, PC2/27, 64r.

1. NRS, PC2/27, 64r.

2. NRS, PC2/27, 64r.

Act, 28 December 1697, Edinburgh

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A1697/12/501

Act

Banishment Mr Charles Ritchie

Anent the petition given in to the Lords of his Majesties privie Councell by Mr Charles Ritchie Minister of the Gospell now prisoner in the tolbooth of Edinburgh Sheuing That wheras Leivtennent Whytehead in Colonell Hills regiment in Fortwilliam being accompanied with severall officers of the said garrison Did Invite the petitioner to Joyne the said Leivtennant Whytehead in marriage with the said Colonell his daughter And she also Consenting therto The petitioner did accordingly performe his pairt and did Joyne them in marriage Ther being noe objection nor Impediment knouen that might hinder the samen since which tyme they have Lived uith very much unity and Love in ane Conjugall state and are both ouned by the Collonell Nevertheless the poor petitioner hath been upon the account of this ane Clandestine marriage Carryed prisoner to this tolbooth wherin he hath remained severall months uithout any subsistance and is reduced to the greatest extremity not only for want of any mean of subsistance but also by want of any measure of health And therfore Humblie Craving their Lordships for the favour of God to have pity and Compassion upon the petitioner his sad present state And to ordaine his Liberation or banishment as their Lordships shall think fitt as the said petition bears The said Lords of his Majesties privie Councell Having Considered this petitione given into them by the said Mr Charles Ritchie and the Consent signed by him They doe heirby Banish the said Mr Charles Ritchie furth of this Kingdome of Scotland And doe heirby Give warrand to the Magistrats of Edinburgh and Keeper of their tolbooth To sett the petitioner at Libertie furth therof In respect the petitioner before extracting heirof Hath Inacted himself Conform to the Act of parliament In the books of privie Councell That he shall repaire furth of this kingdome of Scotland betuixt and the first day of february nixt to Come And that he shall Never returne within the same uithout his Majesties or the Councells warrand for that effect.

Att Edinburgh The Tuenty Eight day of December Jaj vic nyntie seven years

A1697/12/501

Act

Banishment Mr Charles Ritchie

Anent the petition given in to the Lords of his Majesties privie Councell by Mr Charles Ritchie Minister of the Gospell now prisoner in the tolbooth of Edinburgh Sheuing That wheras Leivtennent Whytehead in Colonell Hills regiment in Fortwilliam being accompanied with severall officers of the said garrison Did Invite the petitioner to Joyne the said Leivtennant Whytehead in marriage with the said Colonell his daughter And she also Consenting therto The petitioner did accordingly performe his pairt and did Joyne them in marriage Ther being noe objection nor Impediment knouen that might hinder the samen since which tyme they have Lived uith very much unity and Love in ane Conjugall state and are both ouned by the Collonell Nevertheless the poor petitioner hath been upon the account of this ane Clandestine marriage Carryed prisoner to this tolbooth wherin he hath remained severall months uithout any subsistance and is reduced to the greatest extremity not only for want of any mean of subsistance but also by want of any measure of health And therfore Humblie Craving their Lordships for the favour of God to have pity and Compassion upon the petitioner his sad present state And to ordaine his Liberation or banishment as their Lordships shall think fitt as the said petition bears The said Lords of his Majesties privie Councell Having Considered this petitione given into them by the said Mr Charles Ritchie and the Consent signed by him They doe heirby Banish the said Mr Charles Ritchie furth of this Kingdome of Scotland And doe heirby Give warrand to the Magistrats of Edinburgh and Keeper of their tolbooth To sett the petitioner at Libertie furth therof In respect the petitioner before extracting heirof Hath Inacted himself Conform to the Act of parliament In the books of privie Councell That he shall repaire furth of this kingdome of Scotland betuixt and the first day of february nixt to Come And that he shall Never returne within the same uithout his Majesties or the Councells warrand for that effect.

1. NRS, PC1/51, 321-2.

1. NRS, PC1/51, 321-2.

Commission by the Council, 28 December 1697, Edinburgh

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A1697/12/491

Commission by the Council

Additionall Commissioners of supply in Orkney and Zetland

Anent the petition given in to the Lords of his Majesties privie Councell By Mr Robert Douglass brother Germane to the Earle of Morton Sheuing That ther being many rests due to the petitioner out of the Isles of Orkney and Zetland for that year wherof he was Tackseman as also of the Bishoprick And ther being some Commissioners of supply dead Viz William Bannatyne of Stenhouse David Craig of Oversandie and James Scott of Voisgarth And the Condition of these Isles requiring a nomination of some others both upon that account and because of the great distance betuixt the Isles for the more speedy and effectuall Inbringing of his Majesties Supplie And therefore Humblie Craving to the effect underwryten as the said petitione bears The saids Lords of his Majesties privie Councell Having Considered this petition given in to them by the said Mr Robert Douglass They doe heirby nominat and appoint Robert Steuart of Eda William Mudie elder of Melsetter James Mudie younger therof Malcolme Scollay of Huntoune and the Steuart of Orkney To be Commissioners of Supply for Orkney and Zetland and the Isles belonging therto With full pouer to them to Act vote Consult and doe sicklyke and also freely in all respects as any other Commissioners of supply uithin this Kingdome have done or may doe And as if they had been nominat Commissioners within the bounds forsaids by the Act of parliament And appointes the persons forsaids at their first meeting uith the Commissioners within the saids bounds to qualifie themselves by suearing and signing the oath of alleadgance and subscryving the Assurance appointed to his Majestie by act of parliament.

Att Edinburgh The Tuenty Eight day of December Jaj vic nyntie seven years

A1697/12/491

Commission by the Council

Additionall Commissioners of supply in Orkney and Zetland

Anent the petition given in to the Lords of his Majesties privie Councell By Mr Robert Douglass brother Germane to the Earle of Morton Sheuing That ther being many rests due to the petitioner out of the Isles of Orkney and Zetland for that year wherof he was Tackseman as also of the Bishoprick And ther being some Commissioners of supply dead Viz William Bannatyne of Stenhouse David Craig of Oversandie and James Scott of Voisgarth And the Condition of these Isles requiring a nomination of some others both upon that account and because of the great distance betuixt the Isles for the more speedy and effectuall Inbringing of his Majesties Supplie And therefore Humblie Craving to the effect underwryten as the said petitione bears The saids Lords of his Majesties privie Councell Having Considered this petition given in to them by the said Mr Robert Douglass They doe heirby nominat and appoint Robert Steuart of Eda William Mudie elder of Melsetter James Mudie younger therof Malcolme Scollay of Huntoune and the Steuart of Orkney To be Commissioners of Supply for Orkney and Zetland and the Isles belonging therto With full pouer to them to Act vote Consult and doe sicklyke and also freely in all respects as any other Commissioners of supply uithin this Kingdome have done or may doe And as if they had been nominat Commissioners within the bounds forsaids by the Act of parliament And appointes the persons forsaids at their first meeting uith the Commissioners within the saids bounds to qualifie themselves by suearing and signing the oath of alleadgance and subscryving the Assurance appointed to his Majestie by act of parliament.

1. NRS, PC1/51, 320-1.

1. NRS, PC1/51, 320-1.

Act, 28 December 1697, Edinburgh

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A1697/12/481

Act

Act Changing the sentence of death Against Greensheills and Davidson to banishment

The Lords of his Majesties privie Councell Have Changed and heirby Changes the sentence of Death pronunced by the Lords Commissioners of his Majesties Justiciary Against William Greensheills weaver in Musilburgh and Daniell Davidson tinker ther from death to banishment And heirby banishes the said William Greensheills and Daniell Davidson to his Majesties plantations in America And appointes the Magistrats of Edinburgh to see the said William Greensheills and Daniell Davidson Shipped in the first Shipps which shall pass from Leith to the saids plantations And discharges them to return uithin his Majesties dominions under the paine of having the forsaid sentence of death pronunced against them putt to execution against them without mercy or delay In respect The saids tuo persons before extracting hereof Have Inacted themselves in the books of his Majesties privie Councell That they shall Depart with the first ships going from Leith to America And shall repair to his Majesties plantations ther And that they shall never returne within any of his Majesties dominions under the paine of having the forsaid sentence of death putt to executione against them without mercy or farder delay Sic subscribitur Marchmont Cancellar Southerland Morton Tarbat Raith Carmichaell Forbes Arc: Murray John Maxwell.

Att Edinburgh The Tuenty Eight day of December Jaj vic nyntie seven years

A1697/12/481

Act

Act Changing the sentence of death Against Greensheills and Davidson to banishment

The Lords of his Majesties privie Councell Have Changed and heirby Changes the sentence of Death pronunced by the Lords Commissioners of his Majesties Justiciary Against William Greensheills weaver in Musilburgh and Daniell Davidson tinker ther from death to banishment And heirby banishes the said William Greensheills and Daniell Davidson to his Majesties plantations in America And appointes the Magistrats of Edinburgh to see the said William Greensheills and Daniell Davidson Shipped in the first Shipps which shall pass from Leith to the saids plantations And discharges them to return uithin his Majesties dominions under the paine of having the forsaid sentence of death pronunced against them putt to execution against them without mercy or delay In respect The saids tuo persons before extracting hereof Have Inacted themselves in the books of his Majesties privie Councell That they shall Depart with the first ships going from Leith to America And shall repair to his Majesties plantations ther And that they shall never returne within any of his Majesties dominions under the paine of having the forsaid sentence of death putt to executione against them without mercy or farder delay Sic subscribitur Marchmont Cancellar Southerland Morton Tarbat Raith Carmichaell Forbes Arc: Murray John Maxwell.

1. NRS, PC1/51, 320.

1. NRS, PC1/51, 320.

Procedure: committee formed, 28 December 1697, Edinburgh

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A1697/12/471

Procedure: committee formed

Committie Anent Mutineers in Douglasses regiment

The Lords of his Majesties privie Councell Doe heirby nominat and appoint The Earls of Buchan and Leven The Lord Montgomery and Carmichaell The Lairds of Blackbarrony and Cessnock to be a Committie to Call for and examine the Mutineers belonging to Sir William Douglas his regiment of foot which are presently standing under guards In the parliament closs And to report therin to the Councell And the Committie having presently returned from the Councell board at the rysing of the Councell reported That they Could not discuss the examination of the Mutineers at this dyet Because much of the matter did depend upon Information from the officers whom they had appointed to attend them the morrow And acquainted the Councell that they had absolved one Serjant Cunynghame In respect of his Innocency attested by Captain Grhame his officer The Councell having Considered the Committies report They approve therof and of absolving the said Serjant Cunynghame And appointes serjant Thomas Edgertoun who Commands the guairds of the Mutineers to Carry them to the tolbooth of the Cannongate And to Commit them prisoners ther And ordaines the Baillies of the Cannongate and Keeper of their tolbooth to receave the saids Mutineers and detaine them prisoners untill the Councells or Committies farder order And appointes the Committie to meet the morrow att ten in the fornoon And appointes the officers to attend them And Impouers the Committie to Liberat such of the saids Mutineers as they shall find Innocent And to report to the Councell whom they find guiltie.

Att Edinburgh The Tuenty Eight day of December Jaj vic nyntie seven years

A1697/12/471

Procedure: committee formed

Committie Anent Mutineers in Douglasses regiment

The Lords of his Majesties privie Councell Doe heirby nominat and appoint The Earls of Buchan and Leven The Lord Montgomery and Carmichaell The Lairds of Blackbarrony and Cessnock to be a Committie to Call for and examine the Mutineers belonging to Sir William Douglas his regiment of foot which are presently standing under guards In the parliament closs And to report therin to the Councell And the Committie having presently returned from the Councell board at the rysing of the Councell reported That they Could not discuss the examination of the Mutineers at this dyet Because much of the matter did depend upon Information from the officers whom they had appointed to attend them the morrow And acquainted the Councell that they had absolved one Serjant Cunynghame In respect of his Innocency attested by Captain Grhame his officer The Councell having Considered the Committies report They approve therof and of absolving the said Serjant Cunynghame And appointes serjant Thomas Edgertoun who Commands the guairds of the Mutineers to Carry them to the tolbooth of the Cannongate And to Commit them prisoners ther And ordaines the Baillies of the Cannongate and Keeper of their tolbooth to receave the saids Mutineers and detaine them prisoners untill the Councells or Committies farder order And appointes the Committie to meet the morrow att ten in the fornoon And appointes the officers to attend them And Impouers the Committie to Liberat such of the saids Mutineers as they shall find Innocent And to report to the Councell whom they find guiltie.

1. NRS, PC1/51, 319-20.

1. NRS, PC1/51, 319-20.

Procedure, 28 December 1697, Edinburgh

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A1697/12/461

Procedure

Anent some wheat to goe abroad

The Lord high Chancelor acquainted The Lords of his Majesties privie Councell That ther is a Considerable Cargo of wheat about tuo hundred bolls or upuards shipped In order to be transported to France And that he is Informed the wheat is not yet so Low as tuelve pounds scotts per boll And therfore proposed the same might be Stopped which The Councell thought not Convenient.

Att Edinburgh The Tuenty Eight day of December Jaj vic nyntie seven years

A1697/12/461

Procedure

Anent some wheat to goe abroad

The Lord high Chancelor acquainted The Lords of his Majesties privie Councell That ther is a Considerable Cargo of wheat about tuo hundred bolls or upuards shipped In order to be transported to France And that he is Informed the wheat is not yet so Low as tuelve pounds scotts per boll And therfore proposed the same might be Stopped which The Councell thought not Convenient.

1. NRS, PC1/51, 319.

1. NRS, PC1/51, 319.

Sederunt, 28 December 1697, Edinburgh

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Att Edinburgh The Tuenty Eight day of December Jaj vic nyntie seven years1

A1697/12/452

Sederunt

Lord Chancelor; Earl of Melvill; Earl of Southerland; Earl of Morton; Earl of Buchan; Earl of Leven; Earl of Forfar; Viscount Tarbat; Lord Montgomery; Lord Raith; Lord Forbes; Lord Carmichaell; Lord Advocat; Lord Philiphaugh; Lord Rankeilor; Laird of Grant; Laird of Pollock; Laird of Cessnock

Att Edinburgh The Tuenty Eight day of December Jaj vic nyntie seven years1

A1697/12/452

Sederunt

Lord Chancelor; Earl of Melvill; Earl of Southerland; Earl of Morton; Earl of Buchan; Earl of Leven; Earl of Forfar; Viscount Tarbat; Lord Montgomery; Lord Raith; Lord Forbes; Lord Carmichaell; Lord Advocat; Lord Philiphaugh; Lord Rankeilor; Laird of Grant; Laird of Pollock; Laird of Cessnock

1. NRS, PC1/51, 319.

2. NRS, PC1/51, 319.

1. NRS, PC1/51, 319.

2. NRS, PC1/51, 319.