Warrant, 30 October 1704, Edinburgh

Edinburgh the 30th October 1704

D1704/10/61

Warrant

Warrand for Setting Peter Aggat Commander of the Fox at liberty Furth of the Tolbuith of Edinburgh

The Lords of her Majesties privie Councill Doe heirby appoynt and ordain the Magistrats of Edinburgh and keepers of their Tolbooth to Sett at Liberty furth therof the persone of Captain Peter Aggat Commander of the Fox of Dunkirk upon his enacting himselfe in presence and to the satisfaction of Sir James Stewart her Majesties advocate that he shall procure […] Hyndshaw sone to Gilbert Hyndshaw one of the Keepers of the Tolbooth of Edinburgh now prisoner at Dinnant in France his Libertie with a sufficient passport to goe about his own lawfull affairs, and to return for Scotland and that betwixt and the first day of January nixt to come and Recommends to Sir James Stewart her Majesties Advocate to grant the petitioner a pass to return to his own Countrey upon his enacting himselfe in manner forsaid.

Edinburgh the 30th October 1704

D1704/10/61

Warrant

Warrand for Setting Peter Aggat Commander of the Fox at liberty Furth of the Tolbuith of Edinburgh

The Lords of her Majesties privie Councill Doe heirby appoynt and ordain the Magistrats of Edinburgh and keepers of their Tolbooth to Sett at Liberty furth therof the persone of Captain Peter Aggat Commander of the Fox of Dunkirk upon his enacting himselfe in presence and to the satisfaction of Sir James Stewart her Majesties advocate that he shall procure […] Hyndshaw sone to Gilbert Hyndshaw one of the Keepers of the Tolbooth of Edinburgh now prisoner at Dinnant in France his Libertie with a sufficient passport to goe about his own lawfull affairs, and to return for Scotland and that betwixt and the first day of January nixt to come and Recommends to Sir James Stewart her Majesties Advocate to grant the petitioner a pass to return to his own Countrey upon his enacting himselfe in manner forsaid.

1. NRS, PC2/28, 297r-298r.

1. NRS, PC2/28, 297r-298r.

Warrant, 30 October 1704, Edinburgh

Edinburgh the 30th October 1704

D1704/10/51

Warrant

Warrand for setting Gerard Druiver Lievtennant of the privateir at libertie upon his giving bond for 100 livres sterling that Mr Gray shall be leased and have a sufficient pass from Dunkirk

Anent the petition given in and presented to the Lords of her Majesties privy Councill by Jacobus Soetany Captain of the Marmedon privateir, Shewing that wher I my Leivtennant and Mate and Detained prisoners in the Tolbooth of Edinburgh till the petitioners find Caution under the penaltie of four hunder pound sterling that Robert Gray and his two men prisoners at Dunkirk be released, the finding of which Caution is a thing altogether impracticable for me to doe, and therfore He most humbly represented to their Lordships That all He could prevaill with his acquaintances heire to baill him for is two hunder pound Sterling, Which baill he was instantly content to find, and in Corroboration therof to leave his Leivetennant and Mate prisoners till he return ane Certificat of Mr Grayes Liberation provyding they be instantly liberated upon return of these Certificats, He begged likewayes leave to represent to their Lordships that of the allowance granted by their Lordships for their Subsistance while in prison They had not gott one farthing these two Months and ane halfe which renders their present Circumstances almost insupportable being meer Strangers in the place without access to their own Countrey for releife and destitute of friends to advance for them, In consideration of all which, and therfore Creaving their Lordships to take the premisses to their serious Consideration, and to allow him the said Captain his libertie to return hom to his own Countrie and grant him sufficient pasport for that effect Upon his granting Bond and finding Caution under the penalty of one hunder pound sterling to procure Mr Gray, and his two men their liberty and his leaving his Leivetennant and Mate prisoners in Corroboration of his said bond, or if that does not please that their Lordships would sett his Leivetennant and Mate at Libertie to return home to negotiat Mr Gray’s Liberation and Detain him till their Lordships be certiorat that he is att Libertie, and in either of the causes that it may please their Lordships to order the allowance granted to them by their Lordships for their subsistance to be payed instantly up to them that so they may clear what hath been advanced to them in the place on the faith of the same, as the said petition bears. The Lords of her Majesties privy Councill having Considered the petition Given in to them by Jacobus Soetany Captain of the Marmedon privateir and the Samen being read in their presence The saids Lords Doe heirby appoynt and ordain the Magistrats of Edinburgh and keepers of their Tolbooth to sett the persone of Gerard Druiver the petitioners Leivetennant at Libertie and allow him to returne to Dunkirk free of trouble or molestation upon the said Captain his giving bond and finding sufficient Caution Under the penalty of one hundred pound Sterling that betwixt and the first day of January nixt to come the said Leivetennant shall procure Robert Gray Skipper in Leith and his two men now prisoners in Dunkirk ther Libertie and that free of Ransome, with Sufficient passport to goe about their lawfull affairs, and to return for Scotland, and so soon, as the said Robert Gray and his two men ther being at Liberty free of Ransome as said is sufficiently instructed heire by valid Certificats, Ordains the Magistrats of Edinburgh and Keepers of their said Tolbooth to sett the petitioner and his Majestie at Liberty furth therof with full freedome to return home to their own Countrey without any trouble and appoynts and ordains the Receivers of her Majesties Rents and Revenues instantly to make payment to the petitioner and other French prisoner the allowance formerly allowed them for all the Dayes they have been in prison Resting owing to them and weekly in tyme Comeing during their Continuance there Conform to the precepts drawen by the Lords of Thesaury for that effect.

Edinburgh the 30th October 1704

D1704/10/51

Warrant

Warrand for setting Gerard Druiver Lievtennant of the privateir at libertie upon his giving bond for 100 livres sterling that Mr Gray shall be leased and have a sufficient pass from Dunkirk

Anent the petition given in and presented to the Lords of her Majesties privy Councill by Jacobus Soetany Captain of the Marmedon privateir, Shewing that wher I my Leivtennant and Mate and Detained prisoners in the Tolbooth of Edinburgh till the petitioners find Caution under the penaltie of four hunder pound sterling that Robert Gray and his two men prisoners at Dunkirk be released, the finding of which Caution is a thing altogether impracticable for me to doe, and therfore He most humbly represented to their Lordships That all He could prevaill with his acquaintances heire to baill him for is two hunder pound Sterling, Which baill he was instantly content to find, and in Corroboration therof to leave his Leivetennant and Mate prisoners till he return ane Certificat of Mr Grayes Liberation provyding they be instantly liberated upon return of these Certificats, He begged likewayes leave to represent to their Lordships that of the allowance granted by their Lordships for their Subsistance while in prison They had not gott one farthing these two Months and ane halfe which renders their present Circumstances almost insupportable being meer Strangers in the place without access to their own Countrey for releife and destitute of friends to advance for them, In consideration of all which, and therfore Creaving their Lordships to take the premisses to their serious Consideration, and to allow him the said Captain his libertie to return hom to his own Countrie and grant him sufficient pasport for that effect Upon his granting Bond and finding Caution under the penalty of one hunder pound sterling to procure Mr Gray, and his two men their liberty and his leaving his Leivetennant and Mate prisoners in Corroboration of his said bond, or if that does not please that their Lordships would sett his Leivetennant and Mate at Libertie to return home to negotiat Mr Gray’s Liberation and Detain him till their Lordships be certiorat that he is att Libertie, and in either of the causes that it may please their Lordships to order the allowance granted to them by their Lordships for their subsistance to be payed instantly up to them that so they may clear what hath been advanced to them in the place on the faith of the same, as the said petition bears. The Lords of her Majesties privy Councill having Considered the petition Given in to them by Jacobus Soetany Captain of the Marmedon privateir and the Samen being read in their presence The saids Lords Doe heirby appoynt and ordain the Magistrats of Edinburgh and keepers of their Tolbooth to sett the persone of Gerard Druiver the petitioners Leivetennant at Libertie and allow him to returne to Dunkirk free of trouble or molestation upon the said Captain his giving bond and finding sufficient Caution Under the penalty of one hundred pound Sterling that betwixt and the first day of January nixt to come the said Leivetennant shall procure Robert Gray Skipper in Leith and his two men now prisoners in Dunkirk ther Libertie and that free of Ransome, with Sufficient passport to goe about their lawfull affairs, and to return for Scotland, and so soon, as the said Robert Gray and his two men ther being at Liberty free of Ransome as said is sufficiently instructed heire by valid Certificats, Ordains the Magistrats of Edinburgh and Keepers of their said Tolbooth to sett the petitioner and his Majestie at Liberty furth therof with full freedome to return home to their own Countrey without any trouble and appoynts and ordains the Receivers of her Majesties Rents and Revenues instantly to make payment to the petitioner and other French prisoner the allowance formerly allowed them for all the Dayes they have been in prison Resting owing to them and weekly in tyme Comeing during their Continuance there Conform to the precepts drawen by the Lords of Thesaury for that effect.

1. NRS, PC2/28, 297r-298r.

1. NRS, PC2/28, 297r-298r.

Warrant, 30 October 1704, Edinburgh

Edinburgh the 30th October 1704

D1704/10/41

Warrant

Warrand for citeing Severall persons at the instance of the Meacers of Councill, for exhibiting wreats belonging to them as Meacers

Anent the petition given in and presented to the Lord high Chancellor and the Lords of her Majesties privie Councill by their Maxers. Shewing that wher their petitioners having but latelie come to be their Lordships Macers and that through the Death of their predecessors they are almost rendered incapable of knowing the office soe truly as they ought to doe, and seeing that ther are severall papers in the hands of […] Reid Sheriffe Clerk of Haddingtoune who married the Relict of John Henderson one of the saids macers, and in the hands of […] Hendersone of Kirklandhill and alse in the hands of […] Relict of George Weir Macer, and lykewayes in the hands of John Hogg late meacer which peapers do truly belong to us, as their Lordships meacers, and if they were produced they would certainly give great insight to their petitioners, as to the knowledge of their said office, and therfore Creaving to the effect aftermentioned as the said petition bears. The Lords of her majesties privy Councill having Considered the above petition Given in to them by the Macers of Councill, and the same being read in their presence, The saids Lords Doe heirby Recommend to Sir James Stewart her Majesties advocat with anie other privie Councellor who shall be present and concurr with him to call for the persones abovementioned alleadged havers of wryts relating to the petitioners offices and to examine them upon oath anent what peapers they had or have in their Custody concerning the said office and to appoynt and ordain them to exhibite the saids peapers in the hands of the Clerks of Councill till the affair be reported, Reserving alwayes till the havers of the wryts have Defences againest Delivery of the Samen to the petitioners as accords, and grants warrant to Messengers to Summond them to appear before the Lord advocat at Edinburgh the […] day of […] nixt to come to the effect abovementioned.

Edinburgh the 30th October 1704

D1704/10/41

Warrant

Warrand for citeing Severall persons at the instance of the Meacers of Councill, for exhibiting wreats belonging to them as Meacers

Anent the petition given in and presented to the Lord high Chancellor and the Lords of her Majesties privie Councill by their Maxers. Shewing that wher their petitioners having but latelie come to be their Lordships Macers and that through the Death of their predecessors they are almost rendered incapable of knowing the office soe truly as they ought to doe, and seeing that ther are severall papers in the hands of […] Reid Sheriffe Clerk of Haddingtoune who married the Relict of John Henderson one of the saids macers, and in the hands of […] Hendersone of Kirklandhill and alse in the hands of […] Relict of George Weir Macer, and lykewayes in the hands of John Hogg late meacer which peapers do truly belong to us, as their Lordships meacers, and if they were produced they would certainly give great insight to their petitioners, as to the knowledge of their said office, and therfore Creaving to the effect aftermentioned as the said petition bears. The Lords of her majesties privy Councill having Considered the above petition Given in to them by the Macers of Councill, and the same being read in their presence, The saids Lords Doe heirby Recommend to Sir James Stewart her Majesties advocat with anie other privie Councellor who shall be present and concurr with him to call for the persones abovementioned alleadged havers of wryts relating to the petitioners offices and to examine them upon oath anent what peapers they had or have in their Custody concerning the said office and to appoynt and ordain them to exhibite the saids peapers in the hands of the Clerks of Councill till the affair be reported, Reserving alwayes till the havers of the wryts have Defences againest Delivery of the Samen to the petitioners as accords, and grants warrant to Messengers to Summond them to appear before the Lord advocat at Edinburgh the […] day of […] nixt to come to the effect abovementioned.

1. NRS, PC2/28, 296v-297r.

1. NRS, PC2/28, 296v-297r.

Warrant, 30 October 1704, Edinburgh

Edinburgh the 30th October 1704

D1704/10/31

Warrant

Warrand for appending the seall to the Commission granted to the Laird of Grant younger to be Sheriffe of Inverness

Anent the Petition given in and presented to the Lords of her majesties privy Councill by Alexander Grant younger of that Ilk Shewing that wher her Majestie has been graciously pleased to give to their petitioner ane Commission to be sheriff principall of Inverness during her Majesties pleasure, which Commission wants the ordinar warrand to pass the great seall per Saltum which their Lordships were in use to Supply, and therfore Creaving to the effect aftermentioned as the said petition bears. The Lords of her Majesties privie Councill having Considered the petition given in to them by Alexander Grant younger of that Ilk, and the samen being read in their presence The saids Lords doe heirby grant warrand to the Director of her Majesties Chancellary and his Deputs for wryting to the Great Seall and Registrating the Commission granted by her Majestie to the petitioner to be Sheriffe principall of Inverness, and to the Keeper of the Great Seall and his Deputs for appending the Samen therto per Saltum without passing any other Register or Seall.

Edinburgh the 30th October 1704

D1704/10/31

Warrant

Warrand for appending the seall to the Commission granted to the Laird of Grant younger to be Sheriffe of Inverness

Anent the Petition given in and presented to the Lords of her majesties privy Councill by Alexander Grant younger of that Ilk Shewing that wher her Majestie has been graciously pleased to give to their petitioner ane Commission to be sheriff principall of Inverness during her Majesties pleasure, which Commission wants the ordinar warrand to pass the great seall per Saltum which their Lordships were in use to Supply, and therfore Creaving to the effect aftermentioned as the said petition bears. The Lords of her Majesties privie Councill having Considered the petition given in to them by Alexander Grant younger of that Ilk, and the samen being read in their presence The saids Lords doe heirby grant warrand to the Director of her Majesties Chancellary and his Deputs for wryting to the Great Seall and Registrating the Commission granted by her Majestie to the petitioner to be Sheriffe principall of Inverness, and to the Keeper of the Great Seall and his Deputs for appending the Samen therto per Saltum without passing any other Register or Seall.

1. NRS, PC2/28, 296v.

1. NRS, PC2/28, 296v.

Act, 30 October 1704, Edinburgh

Edinburgh the 30th October 1704

D1704/10/21

Act

Act In favours of the Laird of Braidisholme Elder

The Lords of her Majesties privy Councill having Considered the petition given in to them by James Muirhead Elder of Braidisholme and the samen being read in their presence the saids Lords stops the giving out of the act in favours of Braidisholme younger allowing him Thertie pound Sterling for his aliment during the Dependance and discharges any Execution to pass therupon untill both pairties be heard in the said matter, and Recommends to the Committee formerly appoynted in the affair betwixt the Lairds of Braidisholme Elder and younger to prepare and bring in a Report of the said matter to the Councill againest the third Councill day of November next to come and appoynt both pairties procurators to be ready to Debate the cause against the said Day.

Edinburgh the 30th October 1704

D1704/10/21

Act

Act In favours of the Laird of Braidisholme Elder

The Lords of her Majesties privy Councill having Considered the petition given in to them by James Muirhead Elder of Braidisholme and the samen being read in their presence the saids Lords stops the giving out of the act in favours of Braidisholme younger allowing him Thertie pound Sterling for his aliment during the Dependance and discharges any Execution to pass therupon untill both pairties be heard in the said matter, and Recommends to the Committee formerly appoynted in the affair betwixt the Lairds of Braidisholme Elder and younger to prepare and bring in a Report of the said matter to the Councill againest the third Councill day of November next to come and appoynt both pairties procurators to be ready to Debate the cause against the said Day.

1. NRS, PC2/28, 296r-296v.

1. NRS, PC2/28, 296r-296v.

Sederunt, 30 October 1704, Edinburgh

Edinburgh the 30th October 17041

D1704/10/12

Sederunt

Marquis of Annandale; Earl of Craufuird; Earl of Marr; Earl of Mortoune; Earl of Buchan; Earl of Lauderdale; Earl of Findlator; Earl of Leven; Earl of Dunmoir; Earl of Roseberry; Earl of Hopetoun; Lord Advocat; Laird of Collingtoune; Laird of Stevensone; Laird of Prestongrange

Edinburgh the 30th October 17041

D1704/10/12

Sederunt

Marquis of Annandale; Earl of Craufuird; Earl of Marr; Earl of Mortoune; Earl of Buchan; Earl of Lauderdale; Earl of Findlator; Earl of Leven; Earl of Dunmoir; Earl of Roseberry; Earl of Hopetoun; Lord Advocat; Laird of Collingtoune; Laird of Stevensone; Laird of Prestongrange

1. NRS, PC2/28, 296r.

2. NRS, PC2/28, 296r.

1. NRS, PC2/28, 296r.

2. NRS, PC2/28, 296r.