Tag Archives: 4 July 1704

Act, 4 July 1704, Edinburgh

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Att Edinburgh the fourth day of July Jaj vic and four years

D1704/7/21

Act

Act In favours of The Earle of Carnwath and others of the keeping of Sir Thomas Dalziell of Bins

Anent the petition given in and presented to the Lords of Her Majesties privie Councill By Robert Earle of Carnwath, Collonell Thomas Dalziell uncle to the said Earle and Magdalen Dalziell sister German to Sir Thomas Dalziell of Bins, and James Monteith of Oldcathie her husband for her interest. Shewing That where the said Sir Thomas Dalziell of Bins the petitioners friend and near relation is at present, and hes been, for a good time bygone to the petitioners regrett, troubled with a sore disease and distemper, Which does affect and disturb his reason, Wherby he is continuallie exposed to great dangers to his own person by mobbs and others that does trouble him. As also by the force of his disease he is lyable to squander away and delapidat his best and readiest effects as is too nottourly known, And especiallie to seaverall of your Lordships number, Which necessitats the petitioners to make this application to their Lordships in his behalfe. And therfore humbly desireing that for preservation of the said Sir Thomas his person and Estate, And also the publict peace, Their Lordships would authorize the petitioners to take his person into Custodie within his own house at the Bins, for such a Compitent time as their Lordships shall think fitt, untill furder means be used for his recoverie, And to give orders to any of Her Majesties forces to be assistant to the petitioners, for the forsaid end in the way and manner as their Lordships shall this most Convenient. And in the mean time, To authorize the petitioners To imploy a factor for uplifting so much off Sir Thomas his Rents as may be necessar for his susistance, And the imploying doctors and appothicaries, according to the exigence of his present Condition upon Caution to be comptable for what they uplift. As the said petition Bears. The Lords of Her Majesties privie Councill Haveing considered the above petition given into them By Robert Earle of Carnwath, Collonel Thomas Dalziell uncle to the said Earle, and Magdalen Dalziell sister German to Sir Thomas Dalziell of Bins, and James Monteith of Old Cathie her husband for his interest, And the samen being read in their presence. The saids Lords. Doe heirby Authorize and Impower the petitioners to take into Custodie, The person of Sir Thomas Dalziell of Bins, and detaine him within his own house at Bins till furder means be used for his recovery, and furder order of Councill theranent. And Gives order and warrand to the petitioners, To require from time to time ane Souldier or two from the Governour of Blackness, or any other officer haveing Command of Her Majesties forces to affoord the said assistance to the petitioners in keeping and detaining the said Sir Thomas as said is. And Commands and Ordains the said Governour, and nixt Commanding officer there, or other officers forsaid, To give obediance heirunto accordingly And hereby Impowers authorizes and gives warrand to the petitioners to imploy and constitute a factor for uplifting One Thousand merks Scots money of the said Sir Thomas his rents as necessar for his subsistance, and the imploying doctors and appothecaries according to the Exigence of his present condition upon the factors giveing Bond and finding sufficient Caution acted in the Books of privie Councill that he shall be comptable for what he shall uplift of the said Estate.

Att Edinburgh the fourth day of July Jaj vic and four years

D1704/7/21

Act

Act In favours of The Earle of Carnwath and others of the keeping of Sir Thomas Dalziell of Bins

Anent the petition given in and presented to the Lords of Her Majesties privie Councill By Robert Earle of Carnwath, Collonell Thomas Dalziell uncle to the said Earle and Magdalen Dalziell sister German to Sir Thomas Dalziell of Bins, and James Monteith of Oldcathie her husband for her interest. Shewing That where the said Sir Thomas Dalziell of Bins the petitioners friend and near relation is at present, and hes been, for a good time bygone to the petitioners regrett, troubled with a sore disease and distemper, Which does affect and disturb his reason, Wherby he is continuallie exposed to great dangers to his own person by mobbs and others that does trouble him. As also by the force of his disease he is lyable to squander away and delapidat his best and readiest effects as is too nottourly known, And especiallie to seaverall of your Lordships number, Which necessitats the petitioners to make this application to their Lordships in his behalfe. And therfore humbly desireing that for preservation of the said Sir Thomas his person and Estate, And also the publict peace, Their Lordships would authorize the petitioners to take his person into Custodie within his own house at the Bins, for such a Compitent time as their Lordships shall think fitt, untill furder means be used for his recoverie, And to give orders to any of Her Majesties forces to be assistant to the petitioners, for the forsaid end in the way and manner as their Lordships shall this most Convenient. And in the mean time, To authorize the petitioners To imploy a factor for uplifting so much off Sir Thomas his Rents as may be necessar for his susistance, And the imploying doctors and appothicaries, according to the exigence of his present Condition upon Caution to be comptable for what they uplift. As the said petition Bears. The Lords of Her Majesties privie Councill Haveing considered the above petition given into them By Robert Earle of Carnwath, Collonel Thomas Dalziell uncle to the said Earle, and Magdalen Dalziell sister German to Sir Thomas Dalziell of Bins, and James Monteith of Old Cathie her husband for his interest, And the samen being read in their presence. The saids Lords. Doe heirby Authorize and Impower the petitioners to take into Custodie, The person of Sir Thomas Dalziell of Bins, and detaine him within his own house at Bins till furder means be used for his recovery, and furder order of Councill theranent. And Gives order and warrand to the petitioners, To require from time to time ane Souldier or two from the Governour of Blackness, or any other officer haveing Command of Her Majesties forces to affoord the said assistance to the petitioners in keeping and detaining the said Sir Thomas as said is. And Commands and Ordains the said Governour, and nixt Commanding officer there, or other officers forsaid, To give obediance heirunto accordingly And hereby Impowers authorizes and gives warrand to the petitioners to imploy and constitute a factor for uplifting One Thousand merks Scots money of the said Sir Thomas his rents as necessar for his subsistance, and the imploying doctors and appothecaries according to the Exigence of his present condition upon the factors giveing Bond and finding sufficient Caution acted in the Books of privie Councill that he shall be comptable for what he shall uplift of the said Estate.

1. NRS, PC2/28, 287r-288v.

1. NRS, PC2/28, 287r-288v.

Sederunt, 4 July 1704, Edinburgh

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Att Edinburgh the fourth day of July Jaj vic and four years1

D1704/7/12

Sederunt

Lord Chancellor; Earl of Cromarty S:; Earl of Erroll; Earl of Eglintoun; Earl of Lauderdale; Earl of Loudoun; Earl of Findlatter; Earl of Forfar; Earl of Kintore; Viscount Garnock; Lord Register; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomry; Laird of Collingtoun; Laird of Carnwath; Laird of Prestongrange; Lord Provost of Edinburgh

Att Edinburgh the fourth day of July Jaj vic and four years1

D1704/7/12

Sederunt

Lord Chancellor; Earl of Cromarty S:; Earl of Erroll; Earl of Eglintoun; Earl of Lauderdale; Earl of Loudoun; Earl of Findlatter; Earl of Forfar; Earl of Kintore; Viscount Garnock; Lord Register; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomry; Laird of Collingtoun; Laird of Carnwath; Laird of Prestongrange; Lord Provost of Edinburgh

1. NRS, PC2/28, 287v.

2. NRS, PC2/28, 287v.

1. NRS, PC2/28, 287v.

2. NRS, PC2/28, 287v.

Decreet, 4 July 1704, Edinburgh

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Att Edinburgh the fourth day of July Jaj vijc and four years

A1704/7/31

Decreet

Decreit Her Majesties Advocat against Highland Clanns

Anent the Lyble or Letters of Complaint Raised and persued before the Lords of Her Majesties Privie Councill at the instance of Sir James Steuart Her Majesties Advocat for Her interest in the matter under wrytten Mentioning That where by diverse Laws and acts of Parliament made for secureing the pace and quiet of the Highlands and Countries adjacent and keeping good order within the same And particularly by the Nyntie thrid Act of the Eleventh Parliament of King James the Sixth It is statute and ordained That all Landlords and Baillies of Lands in the Highlands where broken men duelt or does dwell should be charged to find sufficient Caution and soverty, Landed men in the in Country to the contentment of the Soveraigne Lord, and his Privie Councill within Fyfteen dayes next after the Charge under the paine of Rebellion And if they failzie to put them to the horne in maner aftermentioned That is to say if any of there mentennents servants of indwellers on there Lands, Rooms steedings or possessions or within their Baillieries, Committs any masterfull Reiff, Thift or reset of Thift Depredations open and avoued fyre raisings, open deadly feads That the Land Lords and Baillies on whose Lands and in whose jurisdictiones they dwell, shall bring and present the persons Complained on to Justice, abyd tryall and underly the Law for the same And that the saids Land Lords and Baillies be debt bound to satisfie the pairtie skaithed, and to refound content and pay to them there heirships and skaiths of their oun proper goods and Lands according to the availl and quantity taken from the Complainer as the samen shall be modified in maner and upon the termes mentioned in the saids acts. And Sicklyke By the thretty nynth act of the fourth Session of King Williams Parliament. His Majestie and the Estates of Parliament Considering that the extending of the acts made anent Clanns and their Chiftanns for the more effectuall Repressing thifts and depredations in the Highlands may also be singularly usefull for preserving the publict peace, Did therfore by the said Act Extend the same to the case of the publict peace and for preserving therof als well as the case of the saids Thifts and Depredations, as the saids Acts bears. And Whereas The Lords of Her Majesties Privie Councill, By there act of the date the seventeenth of March instant In persuance of the forsaids Acts of Parliament Have found it necessary That the persons under wrytten shall be cited in manner specified in the saids of Parliament To the day particularly aftermentioned Therefore necessary it is that the Complainer have Letters direct at his instance against them To cite them to Compear before the saids Lords of Her Majesties Privie Councill, and Bring with them, and find sufficient Inland Caution in manner specified in the forsaids Acts of Parliament, And because it may be pretended by sundry of the saids persons, Who shall be Charged to find the Caution forsaid That they cannot safelie appear before the saids Lords without a protection to them for such a Compitent time As the saids Lords of Her Majesties Privie Councill shall think fitt, That therfore the saids Lords would be pleased to Declare that the Coppie to be given heirupon shall be a sufficient protection to each of the saids persons from all Civill debts for Ten dayes before the day of Compearance and Fyfteen days therafter, Conforme to the Exception of the Act of parliament Jaj vjc and Eightie one anent protections. And anent the Charge given to Allan McDouell Captain of Clanronnald and […] McDonald of Benbecula. To have Compeared before the Lords of Her Majesties Privie Councill upon the day and date of thir presents. To have answered to the forsaid Complaint, And to have heard and seen such order and course taken thereanent as appertains As the saids Lords of Privie Councill shall think fitt under the paine of Rebellion and putting of them to the horne with Certification As in the said Letters of Complaint and Executiones therof at more length is contained. Which Lyble being upon the day and date of thir presents Called, And the Defenders Compearing personallie at the bar, and the Lybell being read In presence of the Lords of Her Majesties Privie Councill They Doe heirby Appoint and Ordaine the Defenders to give Bond and find sufficient Caution acted in the books of Privie Councill in the termes of the Highland Bands. And Allowes John Duke of Argyle to be receaved as Cautioner for the said Allan McDouell Captain of Clanronnald in the Band to be granted by him, and that under the penaltie of Nyne Thousand merks scots money And the said John Duke of Argyle to be lyke wayes receaved as Cautioner for the said […] McDonell of Benbecula in the Bond to be granted by him, And that under the penaltie of One Thousand merks money forsaid. And appoints the Clerks of Councill to fill up the Bonds boath as to Cautioner and penaltie accordingly.

Att Edinburgh the fourth day of July Jaj vijc and four years

A1704/7/31

Decreet

Decreit Her Majesties Advocat against Highland Clanns

Anent the Lyble or Letters of Complaint Raised and persued before the Lords of Her Majesties Privie Councill at the instance of Sir James Steuart Her Majesties Advocat for Her interest in the matter under wrytten Mentioning That where by diverse Laws and acts of Parliament made for secureing the pace and quiet of the Highlands and Countries adjacent and keeping good order within the same And particularly by the Nyntie thrid Act of the Eleventh Parliament of King James the Sixth It is statute and ordained That all Landlords and Baillies of Lands in the Highlands where broken men duelt or does dwell should be charged to find sufficient Caution and soverty, Landed men in the in Country to the contentment of the Soveraigne Lord, and his Privie Councill within Fyfteen dayes next after the Charge under the paine of Rebellion And if they failzie to put them to the horne in maner aftermentioned That is to say if any of there mentennents servants of indwellers on there Lands, Rooms steedings or possessions or within their Baillieries, Committs any masterfull Reiff, Thift or reset of Thift Depredations open and avoued fyre raisings, open deadly feads That the Land Lords and Baillies on whose Lands and in whose jurisdictiones they dwell, shall bring and present the persons Complained on to Justice, abyd tryall and underly the Law for the same And that the saids Land Lords and Baillies be debt bound to satisfie the pairtie skaithed, and to refound content and pay to them there heirships and skaiths of their oun proper goods and Lands according to the availl and quantity taken from the Complainer as the samen shall be modified in maner and upon the termes mentioned in the saids acts. And Sicklyke By the thretty nynth act of the fourth Session of King Williams Parliament. His Majestie and the Estates of Parliament Considering that the extending of the acts made anent Clanns and their Chiftanns for the more effectuall Repressing thifts and depredations in the Highlands may also be singularly usefull for preserving the publict peace, Did therfore by the said Act Extend the same to the case of the publict peace and for preserving therof als well as the case of the saids Thifts and Depredations, as the saids Acts bears. And Whereas The Lords of Her Majesties Privie Councill, By there act of the date the seventeenth of March instant In persuance of the forsaids Acts of Parliament Have found it necessary That the persons under wrytten shall be cited in manner specified in the saids of Parliament To the day particularly aftermentioned Therefore necessary it is that the Complainer have Letters direct at his instance against them To cite them to Compear before the saids Lords of Her Majesties Privie Councill, and Bring with them, and find sufficient Inland Caution in manner specified in the forsaids Acts of Parliament, And because it may be pretended by sundry of the saids persons, Who shall be Charged to find the Caution forsaid That they cannot safelie appear before the saids Lords without a protection to them for such a Compitent time As the saids Lords of Her Majesties Privie Councill shall think fitt, That therfore the saids Lords would be pleased to Declare that the Coppie to be given heirupon shall be a sufficient protection to each of the saids persons from all Civill debts for Ten dayes before the day of Compearance and Fyfteen days therafter, Conforme to the Exception of the Act of parliament Jaj vjc and Eightie one anent protections. And anent the Charge given to Allan McDouell Captain of Clanronnald and […] McDonald of Benbecula. To have Compeared before the Lords of Her Majesties Privie Councill upon the day and date of thir presents. To have answered to the forsaid Complaint, And to have heard and seen such order and course taken thereanent as appertains As the saids Lords of Privie Councill shall think fitt under the paine of Rebellion and putting of them to the horne with Certification As in the said Letters of Complaint and Executiones therof at more length is contained. Which Lyble being upon the day and date of thir presents Called, And the Defenders Compearing personallie at the bar, and the Lybell being read In presence of the Lords of Her Majesties Privie Councill They Doe heirby Appoint and Ordaine the Defenders to give Bond and find sufficient Caution acted in the books of Privie Councill in the termes of the Highland Bands. And Allowes John Duke of Argyle to be receaved as Cautioner for the said Allan McDouell Captain of Clanronnald in the Band to be granted by him, and that under the penaltie of Nyne Thousand merks scots money And the said John Duke of Argyle to be lyke wayes receaved as Cautioner for the said […] McDonell of Benbecula in the Bond to be granted by him, And that under the penaltie of One Thousand merks money forsaid. And appoints the Clerks of Councill to fill up the Bonds boath as to Cautioner and penaltie accordingly.

1. NRS, PC1/53, 256-8.

1. NRS, PC1/53, 256-8.

Procedure, 4 July 1704, Edinburgh

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Att Edinburgh the fourth day of July Jaj vijc and four years

A1704/7/21

Procedure

[James Johnstoun sworn as Lord Register]

James Johnstoun late secretary now Lord Register being this day present in Councill Did qualifie himselfe to Her Majestie By swearing the oath of alleadgence and subscrybeing the same with the assureance to Her Majestie as one of Her Majesties privie Councill, And the Lord Chancellor Did tender to him the oath de fideli, And he took his place at the board accordingly.

Att Edinburgh the fourth day of July Jaj vijc and four years

A1704/7/21

Procedure

[James Johnstoun sworn as Lord Register]

James Johnstoun late secretary now Lord Register being this day present in Councill Did qualifie himselfe to Her Majestie By swearing the oath of alleadgence and subscrybeing the same with the assureance to Her Majestie as one of Her Majesties privie Councill, And the Lord Chancellor Did tender to him the oath de fideli, And he took his place at the board accordingly.

1. NRS, PC1/53, 256.

1. NRS, PC1/53, 256.

Sederunt, 4 July 1704, Edinburgh

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Att Edinburgh the fourth day of July Jaj vijc and four years1

A1704/7/12

Sederunt

Lord Chancellor; Earl of Cromartie S:; Earl of Erroll; Earl of Eglingtoun; Earl of Lauderdale; Earl of Loudoun; Earl of Findlatter; Earl of Forfar; Earl of Kintore; Viscount Garnock; Lord Register; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomery; Laird of Collingtoun; Laird of Carnwath; Laird of Prestongrange; Lord Provost of Edinburgh

Att Edinburgh the fourth day of July Jaj vijc and four years1

A1704/7/12

Sederunt

Lord Chancellor; Earl of Cromartie S:; Earl of Erroll; Earl of Eglingtoun; Earl of Lauderdale; Earl of Loudoun; Earl of Findlatter; Earl of Forfar; Earl of Kintore; Viscount Garnock; Lord Register; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Lord Rankeillor; Mr Fra: Montgomery; Laird of Collingtoun; Laird of Carnwath; Laird of Prestongrange; Lord Provost of Edinburgh

1. NRS, PC1/53, 256.

2. NRS, PC1/53, 256.

1. NRS, PC1/53, 256.

2. NRS, PC1/53, 256.