Tag Archives: 29 February 1700

Act, 29 February 1700, Edinburgh

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Act

Act James Stirling of Keir

Anent a Petition given in to the Lords of his Majesties privy Councill be James Stirling of Keir Shewing That wher ther being ane Decreet obtained at the petitioners instance before the Commissioners of Justiciary of the Midle district for the value of severall horsses and goods stollen out of the petitioners ground and formd upon the Laird of Mccleod his ground Mccleod being charged he obtained suspension therof before the Lords of his majesties privy Councill Which being fully debate before the saids Lords The Letters were found orderly proceeded, And therafter their being ane bill given in be Mccleod Reclaimeing against the decreet, Which being Considered with the answers given in therto The Lords Refused the desire of the bill and adhered to their former interloquitor and ordained the Decreet to goe out, Ther was ane New bill given in at Sir Duncan Campbell Cautioner in the suspension his instance farder alleadging that the proportion due to the respective Chargers were not sufficiently cleared, And so they could not know to whom to pay, And Garden for clearing therof produced ane assignation from the respective 2 Chargers to their intrest, Which took off that alledgance And now they pretend that the Commissioners of Justiciary could not decerne against the last Mccleod as representing his father, Because his retour was not produced, And they were not Competent Judges therintill upon which ground the decreet is Stopped, To Which It is answered That the decreet Mccleod being cited before the Commissioners of Justiciary and Decerned And being Suspended and and3 Compearing before the saids Lords And Decerned in his oun lifetime by severall Interloquitors, It were Strang now to allow any persone to Compear for his sone, (And yet deny to represent him) and to propone any defence to Stopp the petitioners decreet formerly pronounced And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned as the said petition bears The Lords of his Majesties privy Councill Haveing Considered the above petition given in to them by the above James Stirling of Keir They hereby Ordaine their Clerks to give out the extract of the decreet of Suspension at his instance Against Roderick Mccleod of that ilk and others Conforme to the interloquitor of Councill Decerning in the same dated the seventh day of July Jaj vic Nyntie Eight years.

Att Edinburgh The Twentie Nynth day of February Jaj vic years

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Act

Act James Stirling of Keir

Anent a Petition given in to the Lords of his Majesties privy Councill be James Stirling of Keir Shewing That wher ther being ane Decreet obtained at the petitioners instance before the Commissioners of Justiciary of the Midle district for the value of severall horsses and goods stollen out of the petitioners ground and formd upon the Laird of Mccleod his ground Mccleod being charged he obtained suspension therof before the Lords of his majesties privy Councill Which being fully debate before the saids Lords The Letters were found orderly proceeded, And therafter their being ane bill given in be Mccleod Reclaimeing against the decreet, Which being Considered with the answers given in therto The Lords Refused the desire of the bill and adhered to their former interloquitor and ordained the Decreet to goe out, Ther was ane New bill given in at Sir Duncan Campbell Cautioner in the suspension his instance farder alleadging that the proportion due to the respective Chargers were not sufficiently cleared, And so they could not know to whom to pay, And Garden for clearing therof produced ane assignation from the respective 2 Chargers to their intrest, Which took off that alledgance And now they pretend that the Commissioners of Justiciary could not decerne against the last Mccleod as representing his father, Because his retour was not produced, And they were not Competent Judges therintill upon which ground the decreet is Stopped, To Which It is answered That the decreet Mccleod being cited before the Commissioners of Justiciary and Decerned And being Suspended and and3 Compearing before the saids Lords And Decerned in his oun lifetime by severall Interloquitors, It were Strang now to allow any persone to Compear for his sone, (And yet deny to represent him) and to propone any defence to Stopp the petitioners decreet formerly pronounced And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned as the said petition bears The Lords of his Majesties privy Councill Haveing Considered the above petition given in to them by the above James Stirling of Keir They hereby Ordaine their Clerks to give out the extract of the decreet of Suspension at his instance Against Roderick Mccleod of that ilk and others Conforme to the interloquitor of Councill Decerning in the same dated the seventh day of July Jaj vic Nyntie Eight years.

1. NRS, PC2/27, 317r-317v.

2. An illegible word scored out here.

3. Sic.

1. NRS, PC2/27, 317r-317v.

2. An illegible word scored out here.

3. Sic.

Act, 29 February 1700, Edinburgh

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Act

Act The Magistrats of Pearth

Anent a Petition given in to the Lords of his Majesties privy Councill be The provest Baillies Thesaurer Dean of Gild and remanent Magistrats of the Town of Pearth and other inhabitants of the said burgh cited in the proces aftermentioned Shewing That Wher the petitioners are Conveened before the saids Lords in a most Clamerous and Calumnious lybell at the instance of Mr John Ogilvie pretended Baillie and Some other inhabitants of the Town of Couper and that they have caused cite the whole magistrats of the burgh of Pearth of purpose to leave the toune disolate of government Or any of the Character of a magistrat who might observe or execute the exegencies of his majesties service, And therby take occasion to traduce the petitioners to the saids Lords and it being the saids Lords Constant practise in the Like cases to allow one or two of the Magistrats to attend dureing the dependence of the proces before the saids Lords and the rest of the magistrats to remaine at home for administrating the government And Manadging the affairs of the burgh And Therfore humbly Supplicating the said Lords to the effect aftermentioned The Lords of his Majesties privy Councill haveing Considered the above petitione given in to them be the above provest Baillies Dean of Gild Thesaurer and remanent Magistrats of the Town of Pearth and other inhabitants of the said burgh cited in the above process They hereby Allow the provest the eldest Baillie Viz […] Or […] Dean of Gild of Pearth to attend the Councill in the above process In name of the haill Magistrats of the said burgh and of the other persones called in the above process, and excuses the absence of the rest of the persones cited in the said proces as being necessary to rende within the burgh for the Manadgment of the government and other necessar affairs within the said burgh.

Att Edinburgh The Twentie Nynth day of February Jaj vic years

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Act

Act The Magistrats of Pearth

Anent a Petition given in to the Lords of his Majesties privy Councill be The provest Baillies Thesaurer Dean of Gild and remanent Magistrats of the Town of Pearth and other inhabitants of the said burgh cited in the proces aftermentioned Shewing That Wher the petitioners are Conveened before the saids Lords in a most Clamerous and Calumnious lybell at the instance of Mr John Ogilvie pretended Baillie and Some other inhabitants of the Town of Couper and that they have caused cite the whole magistrats of the burgh of Pearth of purpose to leave the toune disolate of government Or any of the Character of a magistrat who might observe or execute the exegencies of his majesties service, And therby take occasion to traduce the petitioners to the saids Lords and it being the saids Lords Constant practise in the Like cases to allow one or two of the Magistrats to attend dureing the dependence of the proces before the saids Lords and the rest of the magistrats to remaine at home for administrating the government And Manadging the affairs of the burgh And Therfore humbly Supplicating the said Lords to the effect aftermentioned The Lords of his Majesties privy Councill haveing Considered the above petitione given in to them be the above provest Baillies Dean of Gild Thesaurer and remanent Magistrats of the Town of Pearth and other inhabitants of the said burgh cited in the above process They hereby Allow the provest the eldest Baillie Viz […] Or […] Dean of Gild of Pearth to attend the Councill in the above process In name of the haill Magistrats of the said burgh and of the other persones called in the above process, and excuses the absence of the rest of the persones cited in the said proces as being necessary to rende within the burgh for the Manadgment of the government and other necessar affairs within the said burgh.

1. NRS, PC2/27, 316v-317r.

1. NRS, PC2/27, 316v-317r.

Act, 29 February 1700, Edinburgh

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D1700/2/201

Act

Act The Duke of Gordon anent the Castle of Inverness

Anent a Petition given in to the Lords of his Majesties privy Councill be George Duke of Gordon Shewing That the Castle of Innverness belonging in propertie to the petitioner being possesst and made use of by the Government Since the revolutione was therby so much deteriorat and spoilled that it will inevitably2 goe to outter ruin and decay and become useless aither to the government or to the petitioner unless ther be such repairationes presently made therin either at the expence of the Government or at the petitioners charge in the first place to be afterwards re Imbursed according as the expences shall be instructed to have been Laid out And Therfore humbly Craveing the saids Lords would be pleased In Consideratione of the premisses that now in the time of peace It was neither necessary nor usuall to detaine the houses of privat persons from their proper owners either to appoint the said Castle of Innernes to be repaired and put in alse good Condition as it was in the time the Government took possessione therof Or otherwayes to ordaine the Samen to be restored to the petitioner to the effect the same may be repaired and preserved from ruin upon the petitioners being re Imbursed of the expensses to be Laid out theron according As the samen Shall be instructed to have been Laid out for doeing therof As the said petitione bears The Lords of her Majesties privy Councill haveing Considered this petition given in to them be George Duke of Gordon, They hereby Recomend and give Warrant to the Lairds of Caddel, Colloden Killravick and Brody or any two of them with two of the Magistrats of Inverness to meet and Consider the Condition of the above Castle and of the expensses necessar to repair the Same and appoints them to report the same to the Councill betwixt and the […] day of […] And in the mean time Appoints the petitioner to instruct his right to the said castle.

Att Edinburgh The Twentie Nynth day of February Jaj vic years

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Act

Act The Duke of Gordon anent the Castle of Inverness

Anent a Petition given in to the Lords of his Majesties privy Councill be George Duke of Gordon Shewing That the Castle of Innverness belonging in propertie to the petitioner being possesst and made use of by the Government Since the revolutione was therby so much deteriorat and spoilled that it will inevitably2 goe to outter ruin and decay and become useless aither to the government or to the petitioner unless ther be such repairationes presently made therin either at the expence of the Government or at the petitioners charge in the first place to be afterwards re Imbursed according as the expences shall be instructed to have been Laid out And Therfore humbly Craveing the saids Lords would be pleased In Consideratione of the premisses that now in the time of peace It was neither necessary nor usuall to detaine the houses of privat persons from their proper owners either to appoint the said Castle of Innernes to be repaired and put in alse good Condition as it was in the time the Government took possessione therof Or otherwayes to ordaine the Samen to be restored to the petitioner to the effect the same may be repaired and preserved from ruin upon the petitioners being re Imbursed of the expensses to be Laid out theron according As the samen Shall be instructed to have been Laid out for doeing therof As the said petitione bears The Lords of her Majesties privy Councill haveing Considered this petition given in to them be George Duke of Gordon, They hereby Recomend and give Warrant to the Lairds of Caddel, Colloden Killravick and Brody or any two of them with two of the Magistrats of Inverness to meet and Consider the Condition of the above Castle and of the expensses necessar to repair the Same and appoints them to report the same to the Councill betwixt and the […] day of […] And in the mean time Appoints the petitioner to instruct his right to the said castle.

1. NRS, PC2/27, 316r-316v.

2. The suffix ‘in’ is an insertion.

1. NRS, PC2/27, 316r-316v.

2. The suffix ‘in’ is an insertion.

Act, 29 February 1700, Edinburgh

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Act

Act Anent the Glass Manufactory at Leith

Anent a Petition given in to the Lords of his Majesties privy Councill be Alexander Anisley2 Clerk to the Glass manufactory at Leith in name and behalf of the said Manufactory Sheweth That the Glassmasters at New Castle of purpose to ruin the Manufactory of Glass in Scotland have presently sent in to Montross upon their oun risk and hazard no less then Two Thousand Six hundred Dozen of Botles which will overstock that whole Countrey with the Commoditie And Seing the saids Lords 3 allwayes thought it Just That the Import of Foraigne botles Should be Discharged, And that the only reasone why that the prohibitione hath not4 been made effectuall is That the Members of the Glass Mnufactory hath not been hitherto Sufficiently authorized to name and appoint waiters of their own with power to them to seaze upon and destroy all foraigne Botles Imported into this kingdome wherever they would be found discovered or Seazed upon And Therfore Humbly Craveing the saids Lords would be pleased to warrand and authorize the Members and partners of the said Glass Manufactory at Leith to name and appoint such persones as they think most fitt to be waiters at all ports harbours and Creiks in this kingdome With power to them to seaze upon Confiscat or break all foraigne Botles that Shall be Imported to any part of this kingdome Bot particularly with power to them to seaze Confiscat or destroy the saids botles now presently Imported and Libered at Montross wherever the same can be found and discovered As the said petitione bears, The Lords of his Majesties privy Councill haveing Considered the above petition given in to them be the above Alexander Ainsley for himself and in name and behalf of the Glass manufactory at Leith They doe hereby Give power and Warrand to the Masters and Manadgers of the said Manufactory To nominat and send such persones as they shall think fitt to the Town of Montross with power to these persones to seaze upon and secure for his Majesties or the publicts use the above or any other botles brought from abroad to that place, And appoints the saids persones to sequestrat the Same in a Secure place and to returne a Certificat to the Lords of privy Councill and their Clerks under their hands and under the hands of the Magistrats of Montross Bearing the number of the botles and that they have Secured the said botles for his Majesties and the publicts use, and that betwixt and the first Councill day of Aprill nixt to come And Ordaines the Magistrats of the said burgh and all other persones whither Collectors or Waiters or others to be assisting to them in the executione of the premisses And in the mean time Recommends to the Committie formerly named upon a former petitione given in for the said Manufactory to Meet the morrow at ten in the forenoon And act according to the former referrence And adds the Earles of Melvill, Marr Buchan and Lowdoune The Lords Justice Clerk and Aberurchill and Mr Francis Montgomry to be upon the said former Committie, And Declaires any thrie of the haill Committie to be a Sufficient quorum.

Att Edinburgh The Twentie Nynth day of February Jaj vic years

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Act

Act Anent the Glass Manufactory at Leith

Anent a Petition given in to the Lords of his Majesties privy Councill be Alexander Anisley2 Clerk to the Glass manufactory at Leith in name and behalf of the said Manufactory Sheweth That the Glassmasters at New Castle of purpose to ruin the Manufactory of Glass in Scotland have presently sent in to Montross upon their oun risk and hazard no less then Two Thousand Six hundred Dozen of Botles which will overstock that whole Countrey with the Commoditie And Seing the saids Lords 3 allwayes thought it Just That the Import of Foraigne botles Should be Discharged, And that the only reasone why that the prohibitione hath not4 been made effectuall is That the Members of the Glass Mnufactory hath not been hitherto Sufficiently authorized to name and appoint waiters of their own with power to them to seaze upon and destroy all foraigne Botles Imported into this kingdome wherever they would be found discovered or Seazed upon And Therfore Humbly Craveing the saids Lords would be pleased to warrand and authorize the Members and partners of the said Glass Manufactory at Leith to name and appoint such persones as they think most fitt to be waiters at all ports harbours and Creiks in this kingdome With power to them to seaze upon Confiscat or break all foraigne Botles that Shall be Imported to any part of this kingdome Bot particularly with power to them to seaze Confiscat or destroy the saids botles now presently Imported and Libered at Montross wherever the same can be found and discovered As the said petitione bears, The Lords of his Majesties privy Councill haveing Considered the above petition given in to them be the above Alexander Ainsley for himself and in name and behalf of the Glass manufactory at Leith They doe hereby Give power and Warrand to the Masters and Manadgers of the said Manufactory To nominat and send such persones as they shall think fitt to the Town of Montross with power to these persones to seaze upon and secure for his Majesties or the publicts use the above or any other botles brought from abroad to that place, And appoints the saids persones to sequestrat the Same in a Secure place and to returne a Certificat to the Lords of privy Councill and their Clerks under their hands and under the hands of the Magistrats of Montross Bearing the number of the botles and that they have Secured the said botles for his Majesties and the publicts use, and that betwixt and the first Councill day of Aprill nixt to come And Ordaines the Magistrats of the said burgh and all other persones whither Collectors or Waiters or others to be assisting to them in the executione of the premisses And in the mean time Recommends to the Committie formerly named upon a former petitione given in for the said Manufactory to Meet the morrow at ten in the forenoon And act according to the former referrence And adds the Earles of Melvill, Marr Buchan and Lowdoune The Lords Justice Clerk and Aberurchill and Mr Francis Montgomry to be upon the said former Committie, And Declaires any thrie of the haill Committie to be a Sufficient quorum.

1. NRS, PC2/27, 315r-315v.

2. Sic.

3. The word ‘are’ scored out here.

4. Insertion.

1. NRS, PC2/27, 315r-315v.

2. Sic.

3. The word ‘are’ scored out here.

4. Insertion.

Act, 29 February 1700, Edinburgh

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D1700/2/181

Act

Act Erskine of Pittodrie for the Stipend of Oyne

Anent a Petition given in to the Lords of his Majesties privy Councill be William Erskine of Pittoddrie Shewing That Wher The petitioner being Patron of the paroch of Oyne Conforme to his infeftment under the great seall And the said Church haveing now been vaccant these severall years bygone, And altho the petitioner might have applyed the vaccant Stipends by and attour the Twentie merks due and payable to these Ministers who have preached at the said Kirk to any pious use within the paroch, yet he esteemed it his duty to apply to the saids Lords for the interpositione of their authority That the saids Lords would be pleased to ordaine the said vaccant stipend for the years Jaj vic nyntie nyne and Jaj vic and so long as the said kirk shall continue vaccant to be applyed as a fund for the Mantinance of a Schooll Master at the Kirk of Oyne, And that after deduction of the said Twentie merks which is in the termes of the Twentie Sixth act of the Sixth Session of this Current parliament Wherby it is Declared that the provyding of a Schoollmaster is a pious use within the paroch to which it Shall be Lawfull for patrons to Imploy the same as he shall see Cause Especially Considering that the presbytrie of the bounds have Recommended the Same Seriously to the petitioner as a pious and Charitable work and very Conduceable to the good of that Countrey as was clear by ther Recommendatione therwith produced Subscrybed by the Moderator and Clerk And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned as the petitione bears The Lords of his Majesties privy Councill Haveing Considered the above petitione given in to them be the above William Erskine of Pittodrie With the Recommendatione mentioned therin and produced therwith And the petitioners Chartor Containeing the patronage of the above kirk They hereby Ordaine the vaccant stipends of the above kirk of Oyne for the Cropts Jaj vic nyntie nyne and Jaj vic and yearly and termly in time comeing dureing the vaccance therof after deduction allwayes of the above twenty merks due to the Ministers preaching therat to be uplifted from the severall heritors lyable in payment of the same And to be applyed as a fond for Mantinance of a Schoollmaster at the said kirk of Oyne, and for that effect Nominats and appoints John Currie Servitor to the said William Erskine of Pittoddrie to be factor for uplifting and ingathering of the saids Stipends, and Decernes and Ordaines the heritors and Lifrenters, Wodsetters, titulars, tacksmen of Teynds and others Lyable in payment To make payment to the said factor of the above stipends for the said years Jaj vic Nyntie Nyne and Jaj vic years and yearly and termly in time comeing The termes of payment of the Samen being allwayes first come and bygone With deductione of the saids Twenty merks due to the Ministers who shall preach at the said kirk Conforme to the above act of parliament And Ordaines Letters of horning to pass hereon under the Signet of privy Councill at the instance of the said John Currie factor forsaid against the heritors Lifrenters Wodsetters tennents possessors, Titulars Tacksmen of Teynds and all others Lyable in payment of the said Stipend In Respect the said factor before extracting hereof has given bond and found sufficient Caution acted in the books of his Majesties privy Councill That he Shall Imploy the saids Stipends bygone and to come upon a fond for maintinance of a Schooll Master at the said kirk of Oyne, and the saids Lords doe hereby Declare that this Shall be without prejudice to the planting of a Minister and Legally Setleing him at the said kirk as accords at any time dureing the vaccancie.

Att Edinburgh The Twentie Nynth day of February Jaj vic years

D1700/2/181

Act

Act Erskine of Pittodrie for the Stipend of Oyne

Anent a Petition given in to the Lords of his Majesties privy Councill be William Erskine of Pittoddrie Shewing That Wher The petitioner being Patron of the paroch of Oyne Conforme to his infeftment under the great seall And the said Church haveing now been vaccant these severall years bygone, And altho the petitioner might have applyed the vaccant Stipends by and attour the Twentie merks due and payable to these Ministers who have preached at the said Kirk to any pious use within the paroch, yet he esteemed it his duty to apply to the saids Lords for the interpositione of their authority That the saids Lords would be pleased to ordaine the said vaccant stipend for the years Jaj vic nyntie nyne and Jaj vic and so long as the said kirk shall continue vaccant to be applyed as a fund for the Mantinance of a Schooll Master at the Kirk of Oyne, And that after deduction of the said Twentie merks which is in the termes of the Twentie Sixth act of the Sixth Session of this Current parliament Wherby it is Declared that the provyding of a Schoollmaster is a pious use within the paroch to which it Shall be Lawfull for patrons to Imploy the same as he shall see Cause Especially Considering that the presbytrie of the bounds have Recommended the Same Seriously to the petitioner as a pious and Charitable work and very Conduceable to the good of that Countrey as was clear by ther Recommendatione therwith produced Subscrybed by the Moderator and Clerk And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned as the petitione bears The Lords of his Majesties privy Councill Haveing Considered the above petitione given in to them be the above William Erskine of Pittodrie With the Recommendatione mentioned therin and produced therwith And the petitioners Chartor Containeing the patronage of the above kirk They hereby Ordaine the vaccant stipends of the above kirk of Oyne for the Cropts Jaj vic nyntie nyne and Jaj vic and yearly and termly in time comeing dureing the vaccance therof after deduction allwayes of the above twenty merks due to the Ministers preaching therat to be uplifted from the severall heritors lyable in payment of the same And to be applyed as a fond for Mantinance of a Schoollmaster at the said kirk of Oyne, and for that effect Nominats and appoints John Currie Servitor to the said William Erskine of Pittoddrie to be factor for uplifting and ingathering of the saids Stipends, and Decernes and Ordaines the heritors and Lifrenters, Wodsetters, titulars, tacksmen of Teynds and others Lyable in payment To make payment to the said factor of the above stipends for the said years Jaj vic Nyntie Nyne and Jaj vic years and yearly and termly in time comeing The termes of payment of the Samen being allwayes first come and bygone With deductione of the saids Twenty merks due to the Ministers who shall preach at the said kirk Conforme to the above act of parliament And Ordaines Letters of horning to pass hereon under the Signet of privy Councill at the instance of the said John Currie factor forsaid against the heritors Lifrenters Wodsetters tennents possessors, Titulars Tacksmen of Teynds and all others Lyable in payment of the said Stipend In Respect the said factor before extracting hereof has given bond and found sufficient Caution acted in the books of his Majesties privy Councill That he Shall Imploy the saids Stipends bygone and to come upon a fond for maintinance of a Schooll Master at the said kirk of Oyne, and the saids Lords doe hereby Declare that this Shall be without prejudice to the planting of a Minister and Legally Setleing him at the said kirk as accords at any time dureing the vaccancie.

1. NRS, PC2/27, 313v-314v.

1. NRS, PC2/27, 313v-314v.

Sederunt, 29 February 1700, Edinburgh

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Att Edinburgh The Twentie Nynth day of February Jaj vic years1

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Sederunt

Lord Chancelor; Earl of Melvill P:C:; Earl of Mar; Earl of Buchan; Earl of Cassills; Earl of Loudon; Earl of Annandale; Viscount Tarbat; Lord Montgomry; Lord Forbes; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Phesdo; Mr Fra: Montgomry

Att Edinburgh The Twentie Nynth day of February Jaj vic years1

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Sederunt

Lord Chancelor; Earl of Melvill P:C:; Earl of Mar; Earl of Buchan; Earl of Cassills; Earl of Loudon; Earl of Annandale; Viscount Tarbat; Lord Montgomry; Lord Forbes; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Phesdo; Mr Fra: Montgomry

1. NRS, PC2/27, 313v.

2. NRS, PC2/27, 313v.

1. NRS, PC2/27, 313v.

2. NRS, PC2/27, 313v.

Warrant, 29 February 1700, Edinburgh

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Att Edinburgh The Twenty Nynth day of February Jaj viic years

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Warrant

Warrand for Liberating William Graham of Boquhaple and Confineing him to the Town of Kilmarnock

Anent The Petition given in To the Lords of his Majesties privy Councill By William Graham prisoner in the Tolbooth of Edinburgh Shewing That their Petitioner having been Imprisoned within the Tolbooth of Edinburgh by warrand of some of their Lordships number, And Being Kept as closs prisoner for severall weeks bypast, True It is That his health is therby so far decayed and Naturall vigor dayly decreassing to that height That both Their Petitioner and his Phisicians and all others who are acquainted with his Circumstances and present Condition, Expect no less then that a few days Continueing him in that Closs prison will put ane End to his life Life,2 And albeit the Phisitians decline to give any Certificat anent the premises upon Soul and Conscience pretending the same to be unusuall, yet Seing the Truth of what is above Represented as to this present Circumstances of health is undenyable as is Clear by Certificats, both by the Phisitians and of the Clerk of the Tolbooth theirwith produced. And Therfore Humbly Craving Their Lordships To Take the premises and his decayed and dayly more and more decaying Condition of health To their Serious Consideration And To ordain him To be sett at Liberty, upon his Enacting himself To be Confined within what Bounds as their Lordships shall appoints, untill he Recover his health and Thereafter to obey what farther orders their Lordships shall appoint, or otherways to Re Enter to prison if their Lordships shall Think fitt, And In Respect of his present Indigent Condition, To allow him, what their Lordships shall think fitt for defraying the Expenses of his aliment since his Imprisonment And for the future during their Lordships pleasure as the said petition bears. The saids Lords of his majesties privy Councill having Considered this Petition given in to them by William Graham of Boquhaple with the Phisitians Certifiacts and a Certificat by the Clerk of the Tolbooth of Edinburgh wher he is prisoner mentioned in and produced with the Petition, They heirby give order and warrand To the magistrats of Edinburgh and Keeper of their Tolbooth, To set the Petitioner at liberty furth therof, The petitioner first before Extracting heirof Giving Bond and finding Sufficient caution acted in the books of privy Councill, That he shall Repair to the Town of Kilmaranock betwixt and the last day of March next to come, and Shall Remain Confined and Two myles about the same, And That he shall not goe without the Bounds of his Confynement, And in the mean tyme That he Shall live peacefully under and with all Submission To the present Government of his Majesty King William And That he Shall not Act Consult nor Contrive any thing in prejudice therof, Nor shall not Converse nor Correspond with any Rebells and That he Shall appear before the saids Lords of privy Councill when soever he Shall be called for or Required to that Effect (In caice he Shall Transgress to any pairt of the premises under the penalty of Two Hundered Pound Sterling.)

Att Edinburgh The Twenty Nynth day of February Jaj viic years

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Warrant

Warrand for Liberating William Graham of Boquhaple and Confineing him to the Town of Kilmarnock

Anent The Petition given in To the Lords of his Majesties privy Councill By William Graham prisoner in the Tolbooth of Edinburgh Shewing That their Petitioner having been Imprisoned within the Tolbooth of Edinburgh by warrand of some of their Lordships number, And Being Kept as closs prisoner for severall weeks bypast, True It is That his health is therby so far decayed and Naturall vigor dayly decreassing to that height That both Their Petitioner and his Phisicians and all others who are acquainted with his Circumstances and present Condition, Expect no less then that a few days Continueing him in that Closs prison will put ane End to his life Life,2 And albeit the Phisitians decline to give any Certificat anent the premises upon Soul and Conscience pretending the same to be unusuall, yet Seing the Truth of what is above Represented as to this present Circumstances of health is undenyable as is Clear by Certificats, both by the Phisitians and of the Clerk of the Tolbooth theirwith produced. And Therfore Humbly Craving Their Lordships To Take the premises and his decayed and dayly more and more decaying Condition of health To their Serious Consideration And To ordain him To be sett at Liberty, upon his Enacting himself To be Confined within what Bounds as their Lordships shall appoints, untill he Recover his health and Thereafter to obey what farther orders their Lordships shall appoint, or otherways to Re Enter to prison if their Lordships shall Think fitt, And In Respect of his present Indigent Condition, To allow him, what their Lordships shall think fitt for defraying the Expenses of his aliment since his Imprisonment And for the future during their Lordships pleasure as the said petition bears. The saids Lords of his majesties privy Councill having Considered this Petition given in to them by William Graham of Boquhaple with the Phisitians Certifiacts and a Certificat by the Clerk of the Tolbooth of Edinburgh wher he is prisoner mentioned in and produced with the Petition, They heirby give order and warrand To the magistrats of Edinburgh and Keeper of their Tolbooth, To set the Petitioner at liberty furth therof, The petitioner first before Extracting heirof Giving Bond and finding Sufficient caution acted in the books of privy Councill, That he shall Repair to the Town of Kilmaranock betwixt and the last day of March next to come, and Shall Remain Confined and Two myles about the same, And That he shall not goe without the Bounds of his Confynement, And in the mean tyme That he Shall live peacefully under and with all Submission To the present Government of his Majesty King William And That he Shall not Act Consult nor Contrive any thing in prejudice therof, Nor shall not Converse nor Correspond with any Rebells and That he Shall appear before the saids Lords of privy Councill when soever he Shall be called for or Required to that Effect (In caice he Shall Transgress to any pairt of the premises under the penalty of Two Hundered Pound Sterling.)

1. NRS, PC1/52, 80-1.

2. Sic.

1. NRS, PC1/52, 80-1.

2. Sic.

Act, 29 February 1700, Edinburgh

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Att Edinburgh The Twenty Nynth day of February Jaj viic years

A1700/2/281

Act

Act In favours of the Earle of Tullibardine

Anent The Petition given in To the Lords of his Majesties privy Councill By John Earle of Tullibardin Shewing That whereas Their Lordships having granted Commission to him of the date the fourteenth of September last, Constituteing and ordaining him, To be Baillie of the Regality of Athol and of the office of Forrastry therof, upon The account of the Marquess of Atholl, hes father his not qualifieing himself according to law. And The Petitioner having qualified himself as Baillie of the Regality But as to the office of Forrestry It being only Insert in the said Commission through Mistake, It not being propperly ane office of Jurisdiction but a Right and priviledge belonging to the Lands of that pains of the Earledome Erected in a Forrestrie and So does not fall under the act of Parliament, appointing all persones having Right to offices of Jurisdiction To qualify to his heretable Right and priviledge of Forrestrie, It is Just and Reasonable That the office of Forrestry be delate out of the warrand of the said Commission which the Clerk of Councill makes Scruple to doe without their Lordships order. And Therfore Humbly Craving To the Effect underwrittin as the said Petition Bears. The Saids Lords of his Majesties privy Councill having Considered this Petition given in to them by John Earle of Tullibardin, They heirby give order and warrand and ordains the Clerk of Councill To delate the word Forrastrie of the above Regality out of the Interloquitor of Councill, which is the warrand of the above Commission, And ordaines The Clerks To Receave in and destroy the Commission already Extracted, And To give to the Earle a new Extract of the said Commission without the Forrestrie Insert therin, And Recomends To Sir James Stewart his Majesties Advocat To Inform himself If the Forrestrie be a distinct Jurisdiction different from the Regality And If he who possesses the said Right of Forrestrie be oblidged To take the oath of Alledgance and assurance and make his Report to the Councill with his Lordships first Conveniency.

Att Edinburgh The Twenty Nynth day of February Jaj viic years

A1700/2/281

Act

Act In favours of the Earle of Tullibardine

Anent The Petition given in To the Lords of his Majesties privy Councill By John Earle of Tullibardin Shewing That whereas Their Lordships having granted Commission to him of the date the fourteenth of September last, Constituteing and ordaining him, To be Baillie of the Regality of Athol and of the office of Forrastry therof, upon The account of the Marquess of Atholl, hes father his not qualifieing himself according to law. And The Petitioner having qualified himself as Baillie of the Regality But as to the office of Forrestry It being only Insert in the said Commission through Mistake, It not being propperly ane office of Jurisdiction but a Right and priviledge belonging to the Lands of that pains of the Earledome Erected in a Forrestrie and So does not fall under the act of Parliament, appointing all persones having Right to offices of Jurisdiction To qualify to his heretable Right and priviledge of Forrestrie, It is Just and Reasonable That the office of Forrestry be delate out of the warrand of the said Commission which the Clerk of Councill makes Scruple to doe without their Lordships order. And Therfore Humbly Craving To the Effect underwrittin as the said Petition Bears. The Saids Lords of his Majesties privy Councill having Considered this Petition given in to them by John Earle of Tullibardin, They heirby give order and warrand and ordains the Clerk of Councill To delate the word Forrastrie of the above Regality out of the Interloquitor of Councill, which is the warrand of the above Commission, And ordaines The Clerks To Receave in and destroy the Commission already Extracted, And To give to the Earle a new Extract of the said Commission without the Forrestrie Insert therin, And Recomends To Sir James Stewart his Majesties Advocat To Inform himself If the Forrestrie be a distinct Jurisdiction different from the Regality And If he who possesses the said Right of Forrestrie be oblidged To take the oath of Alledgance and assurance and make his Report to the Councill with his Lordships first Conveniency.

1. NRS, PC1/52, 79-80.

1. NRS, PC1/52, 79-80.

Sederunt, 29 February 1700, Edinburgh

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Att Edinburgh The Twenty Nynth day of February Jaj viic years1

A1700/2/272

Sederunt

Lord Chancellor; Earl of Melvill P.C.; Earl of Mar; Earl of Buchan; Earl of Cassills; Earl of Loudoun; Earl of Annandale; Viscount Tarbat; Lord Montgomry; Lord Forbes; Lord Advocat; Lord Thesaurer Deput; Lord Justice-Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Phesdo; Mr Fra: Montgomry

Att Edinburgh The Twenty Nynth day of February Jaj viic years1

A1700/2/272

Sederunt

Lord Chancellor; Earl of Melvill P.C.; Earl of Mar; Earl of Buchan; Earl of Cassills; Earl of Loudoun; Earl of Annandale; Viscount Tarbat; Lord Montgomry; Lord Forbes; Lord Advocat; Lord Thesaurer Deput; Lord Justice-Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Phesdo; Mr Fra: Montgomry

1. NRS, PC1/52, 79.

2. NRS, PC1/52, 79.

1. NRS, PC1/52, 79.

2. NRS, PC1/52, 79.