Act, 30 March 1699, Edinburgh

Att Edinburgh The Threttie day of March Jaj vic Nyntie Nyne years

D1699/3/201

Act

Act Dame Lillias Setton relict of Sir James Ramsay

Anent the petition given in to the Lords of his majesties privy Councill be Dame Lillias Setton relict of the deceast Sir James Ramsay Shewing That wher the honorable Estates of Parliament in Consideration of the Crying necessitie of the petitioner and her deceast husband ther being redacted to2 for want of a Just and great debt due to the petitioners by the Earles of Seaforth did by their act and Decreet the twentie seventh of June Jaj vic Nyntie fyve years Grant ane aliement to the petitioner of ane thousand pound Scots yearly dureing her liftime out of the Lands possest by the Earle of Seaforth and the Countes his mother, Bot Seing the petitioners Condition was so indigent as rendered her utturly incapable to evict the Same from such eminent persones in Consideration therof the saids Lords upon application made by the petitioner were graciously pleased to recommend the petitioner to the Lords of Thesaury in order to her being payed of the forsaid aliement and the saids Lords Haveing ordered the petitioners payment of the Samen for some time, and accordingly the petitioner haveing gott payment therof till within these their years or therby, That the saids Lords were pleased to refuse the petitioners payment thereof any more bot ordained the petitioner to use dilligence against the Earle of Seaforth for payment of the Samen, And the petitioner haveing used all maner of dilligence against him for getting payment therof Bot could not effectuat the same which by the want of the forsaid aliement for so long a time and haveing no other mean of Livelyhood Bot only that forr Supplieing the petitioner in her present necessitie and being deprived therof these thrie years bypast hath rendered the petitioner in such a Starving Conditione that the petitioner hath not wherupon to Live unles the saids Lords would grant remeid for that effect And Therfore Humbly Craveing the saids Lords would take the petitioners poor Starrving Condition to the saids Lords Consideratione and to ordaine him to Continue prisoner in the Castle of Edinburgh or else wher untill he make payment to the petitioner of the lygons of the said annuity and secure the petitioner for the Same in time comeing as the saids Lords did in the case of Pitliver and to grant the petitioners warrand to arreist him for that effect, or at least to Recommend to the Comander in Cheif to give warrand to a partie to assist the petitioners poynding or other legall dilligence against him and the Countes and their tennents or else to Recommend the petitioner effectually to the Lords of Thesaury to pay the petitioners Small debt and to take the petitioner right therto for their repayment as formerly and by which she hoped their Lordships neither were nor should be Lossers as the petitione bears The Lords of his majesties privy Councill haveing Considered a petition given in to them by Dame Lillias Seatton relict of Sir James Ramsay of Logie They doe hereby Recommend to the Commander in Cheiff of his Majesties forces within this kingdome And in his absence gives order and warrand to the persone who shall be Comander in in3 Cheif for the time or Comandant at Invernes to furnish to the petitioner a Competent number of his majesties foot forces to be assistant to her in doeing dilligence by poynding Craption Or otherwayes against the Earle or Countes of Seaforth for payment of the debt due to the petitioner, And Recommends to the Lords Commissioners of her majesties Thesaury To Cause the same dilligence be done for payment of the petitioners debt, Which they shall Cause be done for payment of the few duties for the Isles and other debts resting to the Earle of Seaforth to his Majestie And in the mean time Recommends to the saids Lords of his Majesties Thesaury To Supply the petitioners urgent necessity, and to allow her something for her mantinance and Subsistance and to preserve her alyve her alyve till She shall gett payment of the Earle of Seaforths debt She assigneing for his majesties use pro rata.

Att Edinburgh The Threttie day of March Jaj vic Nyntie Nyne years

D1699/3/201

Act

Act Dame Lillias Setton relict of Sir James Ramsay

Anent the petition given in to the Lords of his majesties privy Councill be Dame Lillias Setton relict of the deceast Sir James Ramsay Shewing That wher the honorable Estates of Parliament in Consideration of the Crying necessitie of the petitioner and her deceast husband ther being redacted to2 for want of a Just and great debt due to the petitioners by the Earles of Seaforth did by their act and Decreet the twentie seventh of June Jaj vic Nyntie fyve years Grant ane aliement to the petitioner of ane thousand pound Scots yearly dureing her liftime out of the Lands possest by the Earle of Seaforth and the Countes his mother, Bot Seing the petitioners Condition was so indigent as rendered her utturly incapable to evict the Same from such eminent persones in Consideration therof the saids Lords upon application made by the petitioner were graciously pleased to recommend the petitioner to the Lords of Thesaury in order to her being payed of the forsaid aliement and the saids Lords Haveing ordered the petitioners payment of the Samen for some time, and accordingly the petitioner haveing gott payment therof till within these their years or therby, That the saids Lords were pleased to refuse the petitioners payment thereof any more bot ordained the petitioner to use dilligence against the Earle of Seaforth for payment of the Samen, And the petitioner haveing used all maner of dilligence against him for getting payment therof Bot could not effectuat the same which by the want of the forsaid aliement for so long a time and haveing no other mean of Livelyhood Bot only that forr Supplieing the petitioner in her present necessitie and being deprived therof these thrie years bypast hath rendered the petitioner in such a Starving Conditione that the petitioner hath not wherupon to Live unles the saids Lords would grant remeid for that effect And Therfore Humbly Craveing the saids Lords would take the petitioners poor Starrving Condition to the saids Lords Consideratione and to ordaine him to Continue prisoner in the Castle of Edinburgh or else wher untill he make payment to the petitioner of the lygons of the said annuity and secure the petitioner for the Same in time comeing as the saids Lords did in the case of Pitliver and to grant the petitioners warrand to arreist him for that effect, or at least to Recommend to the Comander in Cheif to give warrand to a partie to assist the petitioners poynding or other legall dilligence against him and the Countes and their tennents or else to Recommend the petitioner effectually to the Lords of Thesaury to pay the petitioners Small debt and to take the petitioner right therto for their repayment as formerly and by which she hoped their Lordships neither were nor should be Lossers as the petitione bears The Lords of his majesties privy Councill haveing Considered a petition given in to them by Dame Lillias Seatton relict of Sir James Ramsay of Logie They doe hereby Recommend to the Commander in Cheiff of his Majesties forces within this kingdome And in his absence gives order and warrand to the persone who shall be Comander in in3 Cheif for the time or Comandant at Invernes to furnish to the petitioner a Competent number of his majesties foot forces to be assistant to her in doeing dilligence by poynding Craption Or otherwayes against the Earle or Countes of Seaforth for payment of the debt due to the petitioner, And Recommends to the Lords Commissioners of her majesties Thesaury To Cause the same dilligence be done for payment of the petitioners debt, Which they shall Cause be done for payment of the few duties for the Isles and other debts resting to the Earle of Seaforth to his Majestie And in the mean time Recommends to the saids Lords of his Majesties Thesaury To Supply the petitioners urgent necessity, and to allow her something for her mantinance and Subsistance and to preserve her alyve her alyve till She shall gett payment of the Earle of Seaforths debt She assigneing for his majesties use pro rata.

1. NRS, PC2/27, 204v-205v.

2. Insertion.

3. Sic.

1. NRS, PC2/27, 204v-205v.

2. Insertion.

3. Sic.

Sederunt, 30 March 1699, Edinburgh

Att Edinburgh The Threttie day of March Jaj vic Nyntie Nyne years1

D1699/3/192

Sederunt

Lord Chancelor; Duke of Queensberry P:S:; Earl of Marr; Earl of Lowdoun; Earl of Leven; Lord Strathnaver; Lord Advocat; Lord Aberurchill; Lord Halcraig; Lord Crossrig; Lord Phesdoe; Lord Provest of Edinburgh

Att Edinburgh The Threttie day of March Jaj vic Nyntie Nyne years1

D1699/3/192

Sederunt

Lord Chancelor; Duke of Queensberry P:S:; Earl of Marr; Earl of Lowdoun; Earl of Leven; Lord Strathnaver; Lord Advocat; Lord Aberurchill; Lord Halcraig; Lord Crossrig; Lord Phesdoe; Lord Provest of Edinburgh

1. NRS, PC2/27, 204v.

2. NRS, PC2/27, 204v.

1. NRS, PC2/27, 204v.

2. NRS, PC2/27, 204v.

Order, 30 March 1699, Edinburgh

Att Edinburgh The Thirty day of March Jaj vjc nynty and nyne years

A1699/3/371

Order

Recommendation To the Lord Advocate To process Kincardine Gray and others as forstallers of the mercats

The Lords of his majesties privy Councill being Informed That Alexander Colvill of Kincardine, Alexander McGill the horse merchant Alexander Gray merchant in Edinburgh and […] Hepburn of Bearfoord Bailie Buckney in Linlithgow and […] Glen there are fore-stallers of mercats and Regraters of victuall contrary to the orders and proclamationes of privy Councill, They heirby give order and warrant, To Sir James Stewart his majesties Advocat To Intent proces, against the saids persons And to pursue them for their Crymes as they are lyable in Law before the Councill against the first Councill day in Aprile next.

Att Edinburgh The Thirty day of March Jaj vjc nynty and nyne years

A1699/3/371

Order

Recommendation To the Lord Advocate To process Kincardine Gray and others as forstallers of the mercats

The Lords of his majesties privy Councill being Informed That Alexander Colvill of Kincardine, Alexander McGill the horse merchant Alexander Gray merchant in Edinburgh and […] Hepburn of Bearfoord Bailie Buckney in Linlithgow and […] Glen there are fore-stallers of mercats and Regraters of victuall contrary to the orders and proclamationes of privy Councill, They heirby give order and warrant, To Sir James Stewart his majesties Advocat To Intent proces, against the saids persons And to pursue them for their Crymes as they are lyable in Law before the Councill against the first Councill day in Aprile next.

1. NRS, PC1/51, 563.

1. NRS, PC1/51, 563.

Procedure: committee formed, 30 March 1699, Edinburgh

Att Edinburgh The Thirty day of March Jaj vjc nynty and nyne years

A1699/3/361

Procedure: committee formed

Committee anent the Earle of Seaforth

Petition for the Earle of Seaforth craving Liberty in Respect of Two Consents, one under Pitlivers hand, and another under Tullochs hand Read, And the Councill having heard ane Information or Complaint produced by his Majesties Advocate, In name of Mr Cornelius Ocon Complaining of the great Injustice Cruellty and unnaturall oppression Exerced against him by the Earle of Seaforth, The Councill nominats and Apoints the Earle of Leven, His Majesties Advocate, The Lords Halcraig Crosrig and Phesdoe, To be a Committee To call for, and Examine the said Mr Con, Anent the points of the said Informatione or Complaint, And upon such other poynts or Interrogaters as their Lordships shall Find pertinent, with power to the said Committee To Recommend to the Earle of Leven to give further Enlargement To the said Mr Ocon from his closs Imprisonment, as they shall find Convenient, And Recomends to his Majesties Advocate To Intent and follow furth a Criminall process at his Instance before the Lords Commissioners of his majesties Justiciary or otherways against the said Earle of Seaforth, for his unjustice cruelty and unnaturall oppression against the said Mr Ocon, Conform to the said Information or Complaint read as above, or what further Information The Said Lord Advocate can find against the said Earle And Recomends and Impowers the said Committee To Issue furth their orders Commanding the said Earle of Seaforth To produce before the saids Lords Commissioners of Justiciary the persons liveing upon his Lands who were accomplices, to be Condescended on by The Lord Advocate in the forsaids Crimes as he shall be required thereto. And Recomends to the forsaid Committee To meet to morrow at nyne of the Clock in the morning, And declaires any one of the said Committee with the Lord Advocate to be a sufficient quorum.

Att Edinburgh The Thirty day of March Jaj vjc nynty and nyne years

A1699/3/361

Procedure: committee formed

Committee anent the Earle of Seaforth

Petition for the Earle of Seaforth craving Liberty in Respect of Two Consents, one under Pitlivers hand, and another under Tullochs hand Read, And the Councill having heard ane Information or Complaint produced by his Majesties Advocate, In name of Mr Cornelius Ocon Complaining of the great Injustice Cruellty and unnaturall oppression Exerced against him by the Earle of Seaforth, The Councill nominats and Apoints the Earle of Leven, His Majesties Advocate, The Lords Halcraig Crosrig and Phesdoe, To be a Committee To call for, and Examine the said Mr Con, Anent the points of the said Informatione or Complaint, And upon such other poynts or Interrogaters as their Lordships shall Find pertinent, with power to the said Committee To Recommend to the Earle of Leven to give further Enlargement To the said Mr Ocon from his closs Imprisonment, as they shall find Convenient, And Recomends to his Majesties Advocate To Intent and follow furth a Criminall process at his Instance before the Lords Commissioners of his majesties Justiciary or otherways against the said Earle of Seaforth, for his unjustice cruelty and unnaturall oppression against the said Mr Ocon, Conform to the said Information or Complaint read as above, or what further Information The Said Lord Advocate can find against the said Earle And Recomends and Impowers the said Committee To Issue furth their orders Commanding the said Earle of Seaforth To produce before the saids Lords Commissioners of Justiciary the persons liveing upon his Lands who were accomplices, to be Condescended on by The Lord Advocate in the forsaids Crimes as he shall be required thereto. And Recomends to the forsaid Committee To meet to morrow at nyne of the Clock in the morning, And declaires any one of the said Committee with the Lord Advocate to be a sufficient quorum.

1. NRS, PC1/51, 562-3.

1. NRS, PC1/51, 562-3.

Proclamation, 30 March 1699, Edinburgh

Att Edinburgh The Thirty day of March Jaj vjc nynty and nyne years

A1699/3/351

Proclamation

Proclamation For Re Establishing the Staple port at Camphire

The following Proclamation being Read was votted approven and signed, whereof the tenor follows
William By the grace of God, King of great Brittain France and Ireland defender of the faith To; […] macers of our privy Councill messengers att armes our sheriffs in that pairt Conjunctly and Severallie Specialy Constitute Greeting Forasmuchas By a Treaty betwixt our Commissioners appointed by us, as Marques of Camphire and the Commissioners of our Town of Camphire And the Royall Burrows of this our ancient Kingdom, concerning the continuation and Re-Establishment of the staple Port of this Kingdom within the forsaid Town. The staple port of this Kingdom, for the Natherlands is Re-Established by contract and Setled at the Said Town of Camphire, and the same Contract Ratified and approven by the States of Zeland and the Convention of our Royall Burrows on the one and other parts. And we being Satisfied, That the said Contract is for the Advantage of the trade and Commerce of this our ancient Kingdom, and that by long Experience, It hath been found that the Town of Camphire is the most convenient and Fitt place to be the Staple port for this our Ancient Kingdom, Have therfore by a Signature under our Royall hand, of the date, The Twenty day of march Current, Ratified approved and Confirmed the said Contract in it’s whole heads clauses and articles: And we being further Resolved, That the same be duely observed by all the Subjects of this our ancient Kingdom Trading to the united provinces of the Netherlands, and that all the Standing Laws and acts of parliament with all other Acts of our Councill or Exchequer, relating to the said staple, And acts of Convention of our Royall Burrows, be put to Full and vigorous Execution, for the due and Exact observance of the said Staple port for the future, Therfore we with advice of the Lords of our privy Councill, Doe heirby Require and Command all our Subjects, To give due and punctuall obedience to the Laws and acts of Parliament with all other Acts of our Councill or Exchequer relating to the said Staple and acts of the Convention of our Royall Burroughs made for the observing of the Staple port which are all heirby Declared to be in full force. And seing now the forsaid Scots Staple port is Re Established and Continued att the said Town of Camphire. Therfore we with advice forsaid, prohibite and discharge all merchants and Skippers or any other of our Subjects To Export furth of this our Kingdom, any goods, ware, or Commodities which are, or shall be declared to be staple Commodities, to any other port or place of the United Provinces of the Netherlands but only to the said Staple port, and Town of Camphire in Zeland under the pains and Certificationes Contained in the saids acts of parliament, with all other acts of our Councill or Exchequer relating to the said staple, and acts of Convention of Burrows, which pains and penalties we ordain to be Exacted from the transgressors with all rigor. And That they be furder proceeded against as our privy Councill shall find cause, And Wee with Advice forsaid, doe heirby Require the Farmers, Tacks-men or Collectors of our Customes and their Sub-collectors and Surveyers for the tyme being, that they make Exact Search and Tryall for all Staple goods and Commodities That shall be hereafter Exported furth of this Kingdom, To any part or port of the United Provinces of in the Netherlands, And that they and their Clerks and all Clerks of Coquets take Sufficient Security from the merchants or skippers, sailers and Transporters of goods to the said Netherlands, That they shall carry and Liver the same at the said staple port of Camphire, and at no other place nor port within the said United Provinces, And That they shall not brake Bulk before their arrival thereat Conform to the acts of Parliament, oblidging Exporters to Report Certificats from the Conservator or his deputs at Camphire. Bearing that the said staple Commodities were livered there, without Braking Bulk as they will be Answerable to the Lords of our privy Councill thereanent, And we doe ordain the saids Certificates to be delivered in quarterly by the Collectors and their clerks at the severall ports, to the Agent of our Royall Burrows for the time, To the End Exact diligence may be done by him against all the Transgressors of the said staple, conform to the Laws and acts made thereanent. Our Will is Heirfore And we charge yow Strictly and Command That Incontinent these our Letters seen ye pass to the mercat Cross of Edinburgh, and whole Remanent Royall Burrows of this Kingdom, and other places needfull and thereat in our name and authority by open proclamation, make publication of the premises, To the Effect our Royall Burrows and all merchants and other persones may have timeous notice hereof. And give due and punctuall obedience, as they will be Answerable att their outmost perrill. And Appoints Coppies to be Affixed at the several Custom houses and seaports of this Kingdom, That none pretend Ignorance, And ordains these presents to be printed. Given under our Signet at Edinburgh The Thirty day of march. And of our Reign the Tenth year 1699. Sic subscribitur.
Staple Commodities are:
All Sorts of Wool, Woolen and Linnen yearn, all woollen and Linnen manufactories, Hydes and skins of all sorts, plaiding, Jherseys, Scots Cloath Stockings, Salmond Tallow, oyl, all sorts of Barrell flesh, Pork, Butter, Leather Dressed and undressed.

Att Edinburgh The Thirty day of March Jaj vjc nynty and nyne years

A1699/3/351

Proclamation

Proclamation For Re Establishing the Staple port at Camphire

The following Proclamation being Read was votted approven and signed, whereof the tenor follows
William By the grace of God, King of great Brittain France and Ireland defender of the faith To; […] macers of our privy Councill messengers att armes our sheriffs in that pairt Conjunctly and Severallie Specialy Constitute Greeting Forasmuchas By a Treaty betwixt our Commissioners appointed by us, as Marques of Camphire and the Commissioners of our Town of Camphire And the Royall Burrows of this our ancient Kingdom, concerning the continuation and Re-Establishment of the staple Port of this Kingdom within the forsaid Town. The staple port of this Kingdom, for the Natherlands is Re-Established by contract and Setled at the Said Town of Camphire, and the same Contract Ratified and approven by the States of Zeland and the Convention of our Royall Burrows on the one and other parts. And we being Satisfied, That the said Contract is for the Advantage of the trade and Commerce of this our ancient Kingdom, and that by long Experience, It hath been found that the Town of Camphire is the most convenient and Fitt place to be the Staple port for this our Ancient Kingdom, Have therfore by a Signature under our Royall hand, of the date, The Twenty day of march Current, Ratified approved and Confirmed the said Contract in it’s whole heads clauses and articles: And we being further Resolved, That the same be duely observed by all the Subjects of this our ancient Kingdom Trading to the united provinces of the Netherlands, and that all the Standing Laws and acts of parliament with all other Acts of our Councill or Exchequer, relating to the said staple, And acts of Convention of our Royall Burrows, be put to Full and vigorous Execution, for the due and Exact observance of the said Staple port for the future, Therfore we with advice of the Lords of our privy Councill, Doe heirby Require and Command all our Subjects, To give due and punctuall obedience to the Laws and acts of Parliament with all other Acts of our Councill or Exchequer relating to the said Staple and acts of the Convention of our Royall Burroughs made for the observing of the Staple port which are all heirby Declared to be in full force. And seing now the forsaid Scots Staple port is Re Established and Continued att the said Town of Camphire. Therfore we with advice forsaid, prohibite and discharge all merchants and Skippers or any other of our Subjects To Export furth of this our Kingdom, any goods, ware, or Commodities which are, or shall be declared to be staple Commodities, to any other port or place of the United Provinces of the Netherlands but only to the said Staple port, and Town of Camphire in Zeland under the pains and Certificationes Contained in the saids acts of parliament, with all other acts of our Councill or Exchequer relating to the said staple, and acts of Convention of Burrows, which pains and penalties we ordain to be Exacted from the transgressors with all rigor. And That they be furder proceeded against as our privy Councill shall find cause, And Wee with Advice forsaid, doe heirby Require the Farmers, Tacks-men or Collectors of our Customes and their Sub-collectors and Surveyers for the tyme being, that they make Exact Search and Tryall for all Staple goods and Commodities That shall be hereafter Exported furth of this Kingdom, To any part or port of the United Provinces of in the Netherlands, And that they and their Clerks and all Clerks of Coquets take Sufficient Security from the merchants or skippers, sailers and Transporters of goods to the said Netherlands, That they shall carry and Liver the same at the said staple port of Camphire, and at no other place nor port within the said United Provinces, And That they shall not brake Bulk before their arrival thereat Conform to the acts of Parliament, oblidging Exporters to Report Certificats from the Conservator or his deputs at Camphire. Bearing that the said staple Commodities were livered there, without Braking Bulk as they will be Answerable to the Lords of our privy Councill thereanent, And we doe ordain the saids Certificates to be delivered in quarterly by the Collectors and their clerks at the severall ports, to the Agent of our Royall Burrows for the time, To the End Exact diligence may be done by him against all the Transgressors of the said staple, conform to the Laws and acts made thereanent. Our Will is Heirfore And we charge yow Strictly and Command That Incontinent these our Letters seen ye pass to the mercat Cross of Edinburgh, and whole Remanent Royall Burrows of this Kingdom, and other places needfull and thereat in our name and authority by open proclamation, make publication of the premises, To the Effect our Royall Burrows and all merchants and other persones may have timeous notice hereof. And give due and punctuall obedience, as they will be Answerable att their outmost perrill. And Appoints Coppies to be Affixed at the several Custom houses and seaports of this Kingdom, That none pretend Ignorance, And ordains these presents to be printed. Given under our Signet at Edinburgh The Thirty day of march. And of our Reign the Tenth year 1699. Sic subscribitur.
Staple Commodities are:
All Sorts of Wool, Woolen and Linnen yearn, all woollen and Linnen manufactories, Hydes and skins of all sorts, plaiding, Jherseys, Scots Cloath Stockings, Salmond Tallow, oyl, all sorts of Barrell flesh, Pork, Butter, Leather Dressed and undressed.

1. NRS, PC1/51, 561-2.

1. NRS, PC1/51, 561-2.

Sederunt, 30 March 1699, Edinburgh

Att Edinburgh The Thirty day of March Jaj vjc nynty and nyne years1

A1699/3/342

Sederunt

Lord Chancellor; Duke of Queensberrie P.S.; Earl of Mar; Earl of Loudoun; Earl of Leven; Earl of Annandale; Lord Strathnaver; Lord Advocate; Lord Aberuchill; Lord Halcraig; Lord Crosrigg; Lord Phesdoe

Att Edinburgh The Thirty day of March Jaj vjc nynty and nyne years1

A1699/3/342

Sederunt

Lord Chancellor; Duke of Queensberrie P.S.; Earl of Mar; Earl of Loudoun; Earl of Leven; Earl of Annandale; Lord Strathnaver; Lord Advocate; Lord Aberuchill; Lord Halcraig; Lord Crosrigg; Lord Phesdoe

1. NRS, PC1/51, 560.

2. NRS, PC1/51, 560.

1. NRS, PC1/51, 560.

2. NRS, PC1/51, 560.