Tag Archives: 4 March 1701

Act, 4 March 1701, Edinburgh

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Att Edinburgh the fourt day of March 1701

D1701/3/71

Act

Act Thomas Mitchell anent drying Malt and brewing Liquors

Anent the petition given in and presented to the Lords of His Majesties privie Councill by Thomas Mitchell in Saltcoats Humbly Shewing That where the prepairing of Malt and brewing of ale and Beer as it is now used hes bein of Long continuance and that the same is Improveable not only as to the taste But to a great Degree more wholesome and the petitioner haveing found out a new method of prepairing Malt and brewing Liquors therof By Building of Kilnes for dryeing of grain without smoak The same ascending in vents contained in a pillar in the midle therof and that after barlie or any other grain is Duely and Clearlie Malted and shilled so farr as it will suffer Then winoued Grinded and Boulted, to make Liquors of the pure flour and smeddum of the Malt so prepaired and Fountain water and it being the Laudable custome of this and every other weell governed nation to Incurrage all Improvements especially of the Native product by particular priviledges and seeing the petitioner was willing to pay Excyse conforme to Law Therfore Humblie Craveing to the effect aftermentioned As the said petition bears The Lords of His Majesteis privie Councill haveing considered the above petition given in to them by the above Thomas Mitchell They Doe heirby Grant and Allow to the petitioner and his assigneyes the sole pouer and Libertie to Build Kilnes for dryeing of Grain without smoak the same ascending vents contained in a pillar in the midle therof and that after Barelie or other grain is duely and clearly Malted and shilled as farr as it will suffer Then winoued grinded and Boulted To make Liquors of the pure flour and smeddon the Malt so prepaired and Fountain water The petitioner and his assigneyes payeing Excyse according to Law And Discharges all Brewars and venders of ale or Beir within this Kingdome for the space of seven years after the date having to Build Kilnes Make and prepair Malt or Brew Liquors after the forsaid mainer under the penaltie of three hundreth merks for each Failzie The one half therof to be payed to the Poor of the paroch and other half to be payed to the petitioner or his assigneyes Except the saids Brewars or venders of ale or Beir Shall verefie to the Judge ordinary before whom they shall be persewed for the said penalties That they have at any time before the first day of November last bypast made use of such Kilnes and Malt so prepared and Dryed and after that manner Brewed Liquors therof in which caise They shall have libertie so to doe notwithstanding of the privliedges granted to the petitioner Declareing heirby that such of the Leidges as have Libertie of Brewing without Excyse shall not be restricted from the said manner of preparing of Malt and Brewing of Liquor therof The petitioner being allwayes willing and oblidged to make patent the full and particular Directions for doeing every pairt therof to any such requyring it

Att Edinburgh the fourt day of March 1701

D1701/3/71

Act

Act Thomas Mitchell anent drying Malt and brewing Liquors

Anent the petition given in and presented to the Lords of His Majesties privie Councill by Thomas Mitchell in Saltcoats Humbly Shewing That where the prepairing of Malt and brewing of ale and Beer as it is now used hes bein of Long continuance and that the same is Improveable not only as to the taste But to a great Degree more wholesome and the petitioner haveing found out a new method of prepairing Malt and brewing Liquors therof By Building of Kilnes for dryeing of grain without smoak The same ascending in vents contained in a pillar in the midle therof and that after barlie or any other grain is Duely and Clearlie Malted and shilled so farr as it will suffer Then winoued Grinded and Boulted, to make Liquors of the pure flour and smeddum of the Malt so prepaired and Fountain water and it being the Laudable custome of this and every other weell governed nation to Incurrage all Improvements especially of the Native product by particular priviledges and seeing the petitioner was willing to pay Excyse conforme to Law Therfore Humblie Craveing to the effect aftermentioned As the said petition bears The Lords of His Majesteis privie Councill haveing considered the above petition given in to them by the above Thomas Mitchell They Doe heirby Grant and Allow to the petitioner and his assigneyes the sole pouer and Libertie to Build Kilnes for dryeing of Grain without smoak the same ascending vents contained in a pillar in the midle therof and that after Barelie or other grain is duely and clearly Malted and shilled as farr as it will suffer Then winoued grinded and Boulted To make Liquors of the pure flour and smeddon the Malt so prepaired and Fountain water The petitioner and his assigneyes payeing Excyse according to Law And Discharges all Brewars and venders of ale or Beir within this Kingdome for the space of seven years after the date having to Build Kilnes Make and prepair Malt or Brew Liquors after the forsaid mainer under the penaltie of three hundreth merks for each Failzie The one half therof to be payed to the Poor of the paroch and other half to be payed to the petitioner or his assigneyes Except the saids Brewars or venders of ale or Beir Shall verefie to the Judge ordinary before whom they shall be persewed for the said penalties That they have at any time before the first day of November last bypast made use of such Kilnes and Malt so prepared and Dryed and after that manner Brewed Liquors therof in which caise They shall have libertie so to doe notwithstanding of the privliedges granted to the petitioner Declareing heirby that such of the Leidges as have Libertie of Brewing without Excyse shall not be restricted from the said manner of preparing of Malt and Brewing of Liquor therof The petitioner being allwayes willing and oblidged to make patent the full and particular Directions for doeing every pairt therof to any such requyring it

1. NRS, PC2/28, 46r-v.

1. NRS, PC2/28, 46r-v.

Act, 4 March 1701, Edinburgh

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Att Edinburgh the fourt day of March 1701

D1701/3/61

Act

Act for ane Contribution for ane Harbour at Eymouth

Anent the petition given in and presented to the Lords of His Majesties privie Councill By Sir John Home of Blacader and Sir John Swintoun of that ilk for themselves and in name and behalf of the remanent Commissioners of Supplie and other Heretors within the Shyre of Berwick Shewing That where The port and harbour of Eymouth would be the only harbour and convenient port betwixt Leith and Humbarmouth in Yorkshyre fitt for the shelter of vessells in Distress saileing North or south as also the Daptnes of water would be more there then at Leith And so more capable to receive greater vessells as a Certificat under severall Skippers, pillots and seaments hands produced did Instruct if there were a safe harbour or peir built there Thorrow want wherof there hath been many shipps taken within sight of the port by privateirs Which might have Escaped if they durst have attempted to have sought the harbour as also severall shipps and boats who pairtly by storme and pairtly by privateirs have been forced in thither have perished in the very mouth of the harbour for want of a peer or head there Lykewayes many shipps after a long voyage haveing aryved at the mouth of the Firth and ther meett with strong westerly winds have bein again Forced back to sea and for many dayes after have not bein able to reach the Firth But have bein driven to Norway and other remote places to their great Loss so that thorow these inconveniencies The shyres of Berwick and Roxburgh are Necessitat to Furnish themselves with the greatest pairt of their most usefull Comodities from Berwick, Neucastle and other touns in England wherby the mony is exported which would be prevented if there were a safe and convenient harbour at that port as also It would tend much to the advancement of Trade and the bettering of His Majesties Customes. And in respect the building such a safe and sufficient port Doeth requyre a very considerable soume of mony and that Contributions at the Church doors are ordinarly but inconsiderable and that this is a matter of great Importance and concerne to the whole Nation Therfore Craveing that the Lordships would have bein pleased to consider the premises and therupon to appoynt a generall voluntary contribution thorrow the whole Kingdome for the use abovewrytten And to Nominat and appoynt George Winraham of Eymouth Collector thereof who was content to give bond to apply what he received for the uses above wrytten and to be Comptable to their Lordships for the samen and to Recomend to the venerable Assemblie then sitting To cause Intimat and Collect the samen in the respective paroches of this Kingdome in such wayes and methods as they shall think fitt for making the same most effectuall for the ends abovespecified as the said petition bears The Lords of His Majesties privie Councill haveing considered the above petition given in to them by the above Sir John Home of Blacader and Sir John Suintoun of that ilk for themselves and in name and behalf of the remanent Commissioners of Supplie and heretors of the shyre of Berwick They Doe heirby allow a voluntar Collection to be made at the Church dores of the severall paroches within this KingdomeAnd that upon such dayes as the Ministers of the severall paroches and the saids petitioners shall agree wpon To be Applyed for rebuilding the port and harbour of Eymouth and Appoynts the Contributions which shall be Collected and gathered wpon this account to be given and Delivered to George Winraham of Eymouth Collector therof In respect the said George Before extracting heirof had given bond and found sufficient Caution acted within the books of privie Councill That he shall Collect and apply the saids Collections or contributions for building the said port or Harbour of Eymouth and that by Advyce and at sight of Patrick Earle of Marchmont Lord High Chancelor of Scotland The said Sir John Home and Sir John Swintoun and Sir Patrick Home Advocat his Majesties solicitor And Appoynts Intimation to be made of this act att the paroch Churches where the Collections shall be made And that upon the sabath dayes Immediatly preceiding the dayes appointed or to be appoynted for these Collections.

Att Edinburgh the fourt day of March 1701

D1701/3/61

Act

Act for ane Contribution for ane Harbour at Eymouth

Anent the petition given in and presented to the Lords of His Majesties privie Councill By Sir John Home of Blacader and Sir John Swintoun of that ilk for themselves and in name and behalf of the remanent Commissioners of Supplie and other Heretors within the Shyre of Berwick Shewing That where The port and harbour of Eymouth would be the only harbour and convenient port betwixt Leith and Humbarmouth in Yorkshyre fitt for the shelter of vessells in Distress saileing North or south as also the Daptnes of water would be more there then at Leith And so more capable to receive greater vessells as a Certificat under severall Skippers, pillots and seaments hands produced did Instruct if there were a safe harbour or peir built there Thorrow want wherof there hath been many shipps taken within sight of the port by privateirs Which might have Escaped if they durst have attempted to have sought the harbour as also severall shipps and boats who pairtly by storme and pairtly by privateirs have been forced in thither have perished in the very mouth of the harbour for want of a peer or head there Lykewayes many shipps after a long voyage haveing aryved at the mouth of the Firth and ther meett with strong westerly winds have bein again Forced back to sea and for many dayes after have not bein able to reach the Firth But have bein driven to Norway and other remote places to their great Loss so that thorow these inconveniencies The shyres of Berwick and Roxburgh are Necessitat to Furnish themselves with the greatest pairt of their most usefull Comodities from Berwick, Neucastle and other touns in England wherby the mony is exported which would be prevented if there were a safe and convenient harbour at that port as also It would tend much to the advancement of Trade and the bettering of His Majesties Customes. And in respect the building such a safe and sufficient port Doeth requyre a very considerable soume of mony and that Contributions at the Church doors are ordinarly but inconsiderable and that this is a matter of great Importance and concerne to the whole Nation Therfore Craveing that the Lordships would have bein pleased to consider the premises and therupon to appoynt a generall voluntary contribution thorrow the whole Kingdome for the use abovewrytten And to Nominat and appoynt George Winraham of Eymouth Collector thereof who was content to give bond to apply what he received for the uses above wrytten and to be Comptable to their Lordships for the samen and to Recomend to the venerable Assemblie then sitting To cause Intimat and Collect the samen in the respective paroches of this Kingdome in such wayes and methods as they shall think fitt for making the same most effectuall for the ends abovespecified as the said petition bears The Lords of His Majesties privie Councill haveing considered the above petition given in to them by the above Sir John Home of Blacader and Sir John Suintoun of that ilk for themselves and in name and behalf of the remanent Commissioners of Supplie and heretors of the shyre of Berwick They Doe heirby allow a voluntar Collection to be made at the Church dores of the severall paroches within this KingdomeAnd that upon such dayes as the Ministers of the severall paroches and the saids petitioners shall agree wpon To be Applyed for rebuilding the port and harbour of Eymouth and Appoynts the Contributions which shall be Collected and gathered wpon this account to be given and Delivered to George Winraham of Eymouth Collector therof In respect the said George Before extracting heirof had given bond and found sufficient Caution acted within the books of privie Councill That he shall Collect and apply the saids Collections or contributions for building the said port or Harbour of Eymouth and that by Advyce and at sight of Patrick Earle of Marchmont Lord High Chancelor of Scotland The said Sir John Home and Sir John Swintoun and Sir Patrick Home Advocat his Majesties solicitor And Appoynts Intimation to be made of this act att the paroch Churches where the Collections shall be made And that upon the sabath dayes Immediatly preceiding the dayes appointed or to be appoynted for these Collections.

1. NRS, PC2/28, 45r-46r.

1. NRS, PC2/28, 45r-46r.

Act, 4 March 1701, Edinburgh

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Att Edinburgh the fourt day of March 1701

D1701/3/51

Act

Aliment To Helen Aytoun

Anent the petition given in and presented to the Lords of Her2 Majesties privie Councill The petition of Helen Aytoun Relict of the Deceist Doctor Alexander Balfour of Colluthie now spouse to Mr David Bechun Shewing That where the petitioner haveing bein provyded by the said Doctor Alexander Balfour to ane Lyfrent of ten Chalders of victwall furth of the Lands of Colluthie and Lileathen besyds the soume of three thousand merks to be at her Disposeall It was her Fate and unhapienes (though she was ashamed to say and nothing but extremity of Miserie could have induced her to repent it) to Mary the said Mr David Bechun (being at that tyme in such Circumstances as she might have lived very comfortablie) Who by his prodigall and extravagant way of Liveing Did not only uplift and squander away the forsaid soume of three thousand merks But was also therby reduced to such dificulties and straits as rendered him obnoxious to personall distresses and dilligence from which he could not after Exstricat himself and the petitioner was Forced from the tendernes and affection she had for him and to prevent his takeing desperat Courses, Notwithout the Melancholy prospect of the condition and Circumstances she was then brought to Raither to denude her self of a considerable pairt of Her Joynture Then suffer him to be harrassed by the persutes of His Creditors and Did actually renounce her Lyfrent right of the saids Lands of Colluchie In favours of the Laird of Barburne Fiar therof being persuaded he would so apply the pryce as to prevent our fwrder trouble and hopeing therby to Reclaim him But so litle effect had this her Conjugall tendernes and affection towards him and so farr was he from any just returns of gratitude That he hath now it seems altogither deserted the petitioner without any other Fund for her subsistance But the Charity of Freinds haveing no access to the small remander of her Lyfrent which is now reduced to ane hundreth pound scots and Fourtein bolls of oats For the uplifting wherof he hath left ane Factory with Mr David Nicolson a man every way quallified for such unfavourable Managements and he hath accordingly uplifted the same ever since the said Mr Davids departure from this Kingdome about tuo years agoe and although the petitioners Circumstances were sufficiently unhappy whyll he lived with her They are now much worse being redacted to such a Condition of Miserie and povertie as she was ashamed to represent Yea so was the rigor and severitie of the said Mr David his Factor towards the petitioner presumeing it seems wpon her temper and aversion to such harsh representations Especially against her Husband That when any thing is demanded from him he treats the petitioner only with contempt and scorne and it being their Lordships constant custom and practise to vindicat such as are in the petitioners circumstances from such barbarous useage and treatment by allowing them compitent and suteable aliments where there is any Fond and seing the said Mr David hath dilapidat the most pairt of the petitioners Lyfrent so that the remainder could only aliment her very narouly Being now throw age sicknes and Infirmity utterly incapable of doeing any thing for herself Therfore Craveing to the effect aftermentioned as the said petition bears The Lords of Her Majesties privie Councill haveing considered the above petition given in to them by the said Helen Aytoun They heirby Decerne and ordain […] Watson relict of the deceist John Balfour in Lileathen to make payment and satisfaction to the petitioner of the soume of ane hundreth pound scots and Fourtein bolls of oats for the Cropt and year of God Jai vijc years and of the lyke soume of ane hundreth pound scots and lyke number of Fourtein bolls of oats for the cropt and year of God Jai vijc and one years instant And that betuixt the Feasts and termes of Whitsonday and Mertimes nixt to come and of the Lyke soume and Lyke number of bolls of oats yearly in all tyme comeing Dureing the said Helen Aytoun her lyftyme and that for her subsistance and aliment The termes of payment of the samen being alwayes first come and bygone and ordains Letters of Horning and all other execution necessary under the signet of Councill to be direct heirupon in forme as effeirs

Att Edinburgh the fourt day of March 1701

D1701/3/51

Act

Aliment To Helen Aytoun

Anent the petition given in and presented to the Lords of Her2 Majesties privie Councill The petition of Helen Aytoun Relict of the Deceist Doctor Alexander Balfour of Colluthie now spouse to Mr David Bechun Shewing That where the petitioner haveing bein provyded by the said Doctor Alexander Balfour to ane Lyfrent of ten Chalders of victwall furth of the Lands of Colluthie and Lileathen besyds the soume of three thousand merks to be at her Disposeall It was her Fate and unhapienes (though she was ashamed to say and nothing but extremity of Miserie could have induced her to repent it) to Mary the said Mr David Bechun (being at that tyme in such Circumstances as she might have lived very comfortablie) Who by his prodigall and extravagant way of Liveing Did not only uplift and squander away the forsaid soume of three thousand merks But was also therby reduced to such dificulties and straits as rendered him obnoxious to personall distresses and dilligence from which he could not after Exstricat himself and the petitioner was Forced from the tendernes and affection she had for him and to prevent his takeing desperat Courses, Notwithout the Melancholy prospect of the condition and Circumstances she was then brought to Raither to denude her self of a considerable pairt of Her Joynture Then suffer him to be harrassed by the persutes of His Creditors and Did actually renounce her Lyfrent right of the saids Lands of Colluchie In favours of the Laird of Barburne Fiar therof being persuaded he would so apply the pryce as to prevent our fwrder trouble and hopeing therby to Reclaim him But so litle effect had this her Conjugall tendernes and affection towards him and so farr was he from any just returns of gratitude That he hath now it seems altogither deserted the petitioner without any other Fund for her subsistance But the Charity of Freinds haveing no access to the small remander of her Lyfrent which is now reduced to ane hundreth pound scots and Fourtein bolls of oats For the uplifting wherof he hath left ane Factory with Mr David Nicolson a man every way quallified for such unfavourable Managements and he hath accordingly uplifted the same ever since the said Mr Davids departure from this Kingdome about tuo years agoe and although the petitioners Circumstances were sufficiently unhappy whyll he lived with her They are now much worse being redacted to such a Condition of Miserie and povertie as she was ashamed to represent Yea so was the rigor and severitie of the said Mr David his Factor towards the petitioner presumeing it seems wpon her temper and aversion to such harsh representations Especially against her Husband That when any thing is demanded from him he treats the petitioner only with contempt and scorne and it being their Lordships constant custom and practise to vindicat such as are in the petitioners circumstances from such barbarous useage and treatment by allowing them compitent and suteable aliments where there is any Fond and seing the said Mr David hath dilapidat the most pairt of the petitioners Lyfrent so that the remainder could only aliment her very narouly Being now throw age sicknes and Infirmity utterly incapable of doeing any thing for herself Therfore Craveing to the effect aftermentioned as the said petition bears The Lords of Her Majesties privie Councill haveing considered the above petition given in to them by the said Helen Aytoun They heirby Decerne and ordain […] Watson relict of the deceist John Balfour in Lileathen to make payment and satisfaction to the petitioner of the soume of ane hundreth pound scots and Fourtein bolls of oats for the Cropt and year of God Jai vijc years and of the lyke soume of ane hundreth pound scots and lyke number of Fourtein bolls of oats for the cropt and year of God Jai vijc and one years instant And that betuixt the Feasts and termes of Whitsonday and Mertimes nixt to come and of the Lyke soume and Lyke number of bolls of oats yearly in all tyme comeing Dureing the said Helen Aytoun her lyftyme and that for her subsistance and aliment The termes of payment of the samen being alwayes first come and bygone and ordains Letters of Horning and all other execution necessary under the signet of Councill to be direct heirupon in forme as effeirs

1. NRS, PC2/28, 44r-45r.

2. Sic.

1. NRS, PC2/28, 44r-45r.

2. Sic.

Act, 4 March 1701, Edinburgh

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Att Edinburgh the fourt day of March 1701

D1701/3/41

Act

Repryve Peter and Donald Brouns

Anent the petition given in and presented to the Lords of His Majesties privie Councill By Peter and Donald Brouns prisoners in the Tolbooth of Banff Shewing That where wpon a verdict of Assyse already represented and considered by the saids Lords and wherin nothing was proven against the petitioners saveing their being held and repute vagabound Egyptians They are now by the sherriff deput of Bamph wpon the act of parliament Jaj vjc and nyn Intituled act anent the Egyptians Condemned to be execute to death the second of Apryll nixt Which their Lordships knew to be a great hardship and serveritie In respect that both by the tenor of that act of parliament and practique of the Court of Justiciary theron some farder cryme of robbing and stealling hath comonly bein found requisit togither with the said held and repute to Inferr the said pain of Death and seing the forsaid day is short and no doubt perremptorie and that a longer tyme may be requisite aither for their releiff or due preparation Therfore Craveing to the effect aftermentioned as the said petition Bears The Lords of His Majesties privie Councill Haveing considered the above petition given in to them by the saids Peter and Donald Broun prisoners in the Tolbooth of Bamff They heirby Repryve the saids petitioners from the sentence of Death pronounced against them by the sherriff deput of Banff untill the second wednesday of June nixt to come and ordains the said sentence of Death to be put to execution against them wpon the said second wedensday of June nixt to come unles His Majestie or the Councill gives order to the contrary sic subscribitur Marchmont Cancellar Argyll Mar Leven James Stewart CCampbell JHope FMontgomrie Ludovick Grant Pattrick Johnstoun

Att Edinburgh the fourt day of March 1701

D1701/3/41

Act

Repryve Peter and Donald Brouns

Anent the petition given in and presented to the Lords of His Majesties privie Councill By Peter and Donald Brouns prisoners in the Tolbooth of Banff Shewing That where wpon a verdict of Assyse already represented and considered by the saids Lords and wherin nothing was proven against the petitioners saveing their being held and repute vagabound Egyptians They are now by the sherriff deput of Bamph wpon the act of parliament Jaj vjc and nyn Intituled act anent the Egyptians Condemned to be execute to death the second of Apryll nixt Which their Lordships knew to be a great hardship and serveritie In respect that both by the tenor of that act of parliament and practique of the Court of Justiciary theron some farder cryme of robbing and stealling hath comonly bein found requisit togither with the said held and repute to Inferr the said pain of Death and seing the forsaid day is short and no doubt perremptorie and that a longer tyme may be requisite aither for their releiff or due preparation Therfore Craveing to the effect aftermentioned as the said petition Bears The Lords of His Majesties privie Councill Haveing considered the above petition given in to them by the saids Peter and Donald Broun prisoners in the Tolbooth of Bamff They heirby Repryve the saids petitioners from the sentence of Death pronounced against them by the sherriff deput of Banff untill the second wednesday of June nixt to come and ordains the said sentence of Death to be put to execution against them wpon the said second wedensday of June nixt to come unles His Majestie or the Councill gives order to the contrary sic subscribitur Marchmont Cancellar Argyll Mar Leven James Stewart CCampbell JHope FMontgomrie Ludovick Grant Pattrick Johnstoun

1. NRS, PC2/28, 43v.

1. NRS, PC2/28, 43v.

Act, 4 March 1701, Edinburgh

Posted on by

Att Edinburgh the fourt day of March 1701

D1701/3/31

Act

Act Livetennent Collonell Erskine anent the Chartor Chest of Kincardine

Anent the petition given in and presented to the Lords of His Majesties privie Councill By Livetennent Collonell John Erskine Governour of Dumbarton Castle Shewing That where wpon application made to their Lordships by the Deceist Henry Lord Cardose The Chartor Chist of Kincardine and wrytts therin contained was sequestrat in their Lordships Clerks hands and ordained to remain therin till farther orders from the saids Lords and seing the petitioner hath purchased the estate of Kincardine at a publict Roup before the Lords of Councill and session as the decreit of sale produced did testifie Wherby he is unquestionable propriator of said estate and hes right to the Chartor Chist and wrytts therin contained and haill wrytts and evidence of the saids Lands and estate Therfore Craveing that it might have pleased the saids Lords in consideration of the premissis To ordaine and give warrant to the saids Clerks of privie Councill In whose hands the said Chartor Chist and wrytts was sequestrat To Deliver upon the same to the petitioner and to ordain the havers of the keyes and all others havers of any of the wrytts and evidents taken out of the said Chartor Chist to deliver the samen to the petitioner wpon oath as haveing right in maner forsaid and that upon a Charge of six dayes as the said petition bears Which petition being read wpon the Nynth of August Jai vijc years In presence of His Grace His Majseties high Commissioner and the Lords of His Majesties privie Councill They alloued the Countes of Kincardine to sie and ansuer the samen against tuesday then nixt, according to which appoyntment the said Countes and the Earle of Kincardin her sone haveing seen the said petition They returned the same with the ansuers following viz Primo That it was notourly knoune they have ane intrest in the said Chartor Chist and all the wrytts belonging to the Late Earle of Kincardine and both the Countes and the Earle being then out of toun Their Lawers were not particularly informed of all the objections that might be made: why the said Chartor Chest and wryts aught not to be delivered up to the Livetennent Collonell and it then being in the vaccance tyme when people did not ordinarly attend Their Lordships might be pleased to delay the matter till November and then all parties concerned might be heared why the Chartor Chest and wryts aught not to be delivered up Secundo The Livetennent Collonells petition bears That the said Chartor Chest and wryts were sequestrat upon the application of the deceist Lord Cardros so that the sequestration being upon the application of a particular person It aught not to be taken off without Calling some person who will take upon them to represent the Lord Cardros Tertio when the Livetennent Collonell was caryeing on the action of Sale There being Compearance made for the Earle of Kincardine and it being alleadged for him that the sale could not proceed at the instance of the Creditors of Earle Alexander his Father Because the Estate belonged to Earle Eduard this Earles Uncle and he was served air to him in speciall and infeft so that this earle as air to Earle Eduard had the only right to the estate and therfore It could not be sold for payment of Earle Alexanders debts and if Earle Alexander had any right to the estate in his person as he had not It was satisfied and Extinguished by his Intromissions And wpon these grounds this Earle had raised a Reduction which he repeated and was instantly ready to debate his right wpon which The Lords of Session by their act the fourteinth of February Jaj vjc Nynty nyn allowed the proces of sale to proceid Reserveing the present Earle his Reduction as accords As appeared by the act produced which was lykwayes insert in the decreit of sale and if the Earle prevaill in his reduction as he did not doubt but he would Then the Decreit of Sale and all that hes folloued upon will fall in consequence So that the Earle haveing so good and clear ane intrest to the Chartor Chest and wryts of the estate They aught not to be given up to the Livetennent collonell But lye still in the Clerks hands before the event of the Earles Reduction Especially seeing there is many wryts in the Chartor Chest That the Earle will have use for in caryeing on of the Reduction and the Livetennent Collonell hes no prejudice by the Chartor Chest and wryts being continued and sequestrat in the Clerks hands For in the mein tyme he may have out what papers he hes use for in order to the passing Infeftment upon his decreit of sale if he has a mynd as the Earle may take out such wryts as he shall think necessary for caryeing on the Reduction parties giveing their recepts to deliver the samen back to the Clerks of Councill and certainly if the forsaid reservation of the Earles Right and Reduction have any effect it most be this That the Charter Chist and wryts of the estate should lye sequestrat in the Clerks hands before the event of the said Reduction Quarto As to that pairt of the petition Craveing that all other havers of any wryts taken out of the Chartor Chist should be ordained to2 deliver the samen back upon oath and that upon a summar charge of sex days It is most rediculous and abswrd For first how can there be a decreit against any person for exhibition and delivery of wryts without Calling of them secundo This were to grant Generall Letters against all and sundrie Which is Dounright contrair to the act of parliament dischargeing Generall Letters except for the Kings rents In respect wherof The desyre of the petition aught to be Refused and the Chartor chist and wryts aught to continue sequestrat in the Clerks hands untill the event of the Earles Reduction alloueing aither partie in the mean tyme to have up such of the wryts as they shall have use for upon their Recept and obligation to deliver the same back again to the Clerks as the saids ansuers also bears Therafter the Lords of His Majesties privie Councill haveing upon the day and date of thir presents Considered the above petition given in to them by the above Livetennents Collonell Erskine with the above ansuers therto by the Countes of Kincardine and ane petition for Sir Alexander Bruce of Broomhall They heirby nominat and appoynt The Lord Theasurer deput The Lords Aberuchill and Rankeilor or any tuo of them to Inspect the Chartor chest of the Estate of Kincardine formerly sequestrat in the hands of the Clerks of Councill upon application of the Lord Cardross and to Deliver up to the said Livetennent Collonell John Erskine such wrytts rights and evidents of the Estate of Kincardine bought by him at a publict roup as shall be found in the said Chartor chest upon Inventar first made of the same and his granting Recept wpon the foot of the Inventar of the wryts received by him Which is to be left in the said Chartor Chist where the saids wryts shall be taken out And alloues the said Countes and Sir Alexander Bruce or any for them in their name to be present at Inspecting of the said Chartor Chest and Delivering up to the said Livetennent collonell John Erskine the wryts Rights and evidents he shall have right to in mainer forsaid and Recomends to the said Committie to take inspection of the other rights and papers that shall be left in the saids Chartor Chists and to report their proceidings therin and anent the premises to the Councill with their first convenience and appoynts any tuo of the forsaid Committie to be a sufficient quourm

Att Edinburgh the fourt day of March 1701

D1701/3/31

Act

Act Livetennent Collonell Erskine anent the Chartor Chest of Kincardine

Anent the petition given in and presented to the Lords of His Majesties privie Councill By Livetennent Collonell John Erskine Governour of Dumbarton Castle Shewing That where wpon application made to their Lordships by the Deceist Henry Lord Cardose The Chartor Chist of Kincardine and wrytts therin contained was sequestrat in their Lordships Clerks hands and ordained to remain therin till farther orders from the saids Lords and seing the petitioner hath purchased the estate of Kincardine at a publict Roup before the Lords of Councill and session as the decreit of sale produced did testifie Wherby he is unquestionable propriator of said estate and hes right to the Chartor Chist and wrytts therin contained and haill wrytts and evidence of the saids Lands and estate Therfore Craveing that it might have pleased the saids Lords in consideration of the premissis To ordaine and give warrant to the saids Clerks of privie Councill In whose hands the said Chartor Chist and wrytts was sequestrat To Deliver upon the same to the petitioner and to ordain the havers of the keyes and all others havers of any of the wrytts and evidents taken out of the said Chartor Chist to deliver the samen to the petitioner wpon oath as haveing right in maner forsaid and that upon a Charge of six dayes as the said petition bears Which petition being read wpon the Nynth of August Jai vijc years In presence of His Grace His Majseties high Commissioner and the Lords of His Majesties privie Councill They alloued the Countes of Kincardine to sie and ansuer the samen against tuesday then nixt, according to which appoyntment the said Countes and the Earle of Kincardin her sone haveing seen the said petition They returned the same with the ansuers following viz Primo That it was notourly knoune they have ane intrest in the said Chartor Chist and all the wrytts belonging to the Late Earle of Kincardine and both the Countes and the Earle being then out of toun Their Lawers were not particularly informed of all the objections that might be made: why the said Chartor Chest and wryts aught not to be delivered up to the Livetennent Collonell and it then being in the vaccance tyme when people did not ordinarly attend Their Lordships might be pleased to delay the matter till November and then all parties concerned might be heared why the Chartor Chest and wryts aught not to be delivered up Secundo The Livetennent Collonells petition bears That the said Chartor Chest and wryts were sequestrat upon the application of the deceist Lord Cardros so that the sequestration being upon the application of a particular person It aught not to be taken off without Calling some person who will take upon them to represent the Lord Cardros Tertio when the Livetennent Collonell was caryeing on the action of Sale There being Compearance made for the Earle of Kincardine and it being alleadged for him that the sale could not proceed at the instance of the Creditors of Earle Alexander his Father Because the Estate belonged to Earle Eduard this Earles Uncle and he was served air to him in speciall and infeft so that this earle as air to Earle Eduard had the only right to the estate and therfore It could not be sold for payment of Earle Alexanders debts and if Earle Alexander had any right to the estate in his person as he had not It was satisfied and Extinguished by his Intromissions And wpon these grounds this Earle had raised a Reduction which he repeated and was instantly ready to debate his right wpon which The Lords of Session by their act the fourteinth of February Jaj vjc Nynty nyn allowed the proces of sale to proceid Reserveing the present Earle his Reduction as accords As appeared by the act produced which was lykwayes insert in the decreit of sale and if the Earle prevaill in his reduction as he did not doubt but he would Then the Decreit of Sale and all that hes folloued upon will fall in consequence So that the Earle haveing so good and clear ane intrest to the Chartor Chest and wryts of the estate They aught not to be given up to the Livetennent collonell But lye still in the Clerks hands before the event of the Earles Reduction Especially seeing there is many wryts in the Chartor Chest That the Earle will have use for in caryeing on of the Reduction and the Livetennent Collonell hes no prejudice by the Chartor Chest and wryts being continued and sequestrat in the Clerks hands For in the mein tyme he may have out what papers he hes use for in order to the passing Infeftment upon his decreit of sale if he has a mynd as the Earle may take out such wryts as he shall think necessary for caryeing on the Reduction parties giveing their recepts to deliver the samen back to the Clerks of Councill and certainly if the forsaid reservation of the Earles Right and Reduction have any effect it most be this That the Charter Chist and wryts of the estate should lye sequestrat in the Clerks hands before the event of the said Reduction Quarto As to that pairt of the petition Craveing that all other havers of any wryts taken out of the Chartor Chist should be ordained to2 deliver the samen back upon oath and that upon a summar charge of sex days It is most rediculous and abswrd For first how can there be a decreit against any person for exhibition and delivery of wryts without Calling of them secundo This were to grant Generall Letters against all and sundrie Which is Dounright contrair to the act of parliament dischargeing Generall Letters except for the Kings rents In respect wherof The desyre of the petition aught to be Refused and the Chartor chist and wryts aught to continue sequestrat in the Clerks hands untill the event of the Earles Reduction alloueing aither partie in the mean tyme to have up such of the wryts as they shall have use for upon their Recept and obligation to deliver the same back again to the Clerks as the saids ansuers also bears Therafter the Lords of His Majesties privie Councill haveing upon the day and date of thir presents Considered the above petition given in to them by the above Livetennents Collonell Erskine with the above ansuers therto by the Countes of Kincardine and ane petition for Sir Alexander Bruce of Broomhall They heirby nominat and appoynt The Lord Theasurer deput The Lords Aberuchill and Rankeilor or any tuo of them to Inspect the Chartor chest of the Estate of Kincardine formerly sequestrat in the hands of the Clerks of Councill upon application of the Lord Cardross and to Deliver up to the said Livetennent Collonell John Erskine such wrytts rights and evidents of the Estate of Kincardine bought by him at a publict roup as shall be found in the said Chartor chest upon Inventar first made of the same and his granting Recept wpon the foot of the Inventar of the wryts received by him Which is to be left in the said Chartor Chist where the saids wryts shall be taken out And alloues the said Countes and Sir Alexander Bruce or any for them in their name to be present at Inspecting of the said Chartor Chest and Delivering up to the said Livetennent collonell John Erskine the wryts Rights and evidents he shall have right to in mainer forsaid and Recomends to the said Committie to take inspection of the other rights and papers that shall be left in the saids Chartor Chists and to report their proceidings therin and anent the premises to the Councill with their first convenience and appoynts any tuo of the forsaid Committie to be a sufficient quourm

1. NRS, PC2/28, 4v-43v.

2. The word ‘be’ scored out here.

1. NRS, PC2/28, 4v-43v.

2. The word ‘be’ scored out here.

Act, 4 March 1701, Edinburgh

Posted on by

Att Edinburgh the fourt day of March 1701

D1701/3/21

Act

Act Gordon of Campdell for a protection to Witneses

Anent the petition given in to the Lord of his Majesties privie Councill by Alexander Gordon of Campdell Shewing That where The Lords of his Majesties privie Councill at the Advyseing of the decreits and suspenswns obtained and raised toutching The barbarous depredation Hamsucken and roberie Committed upon Glenkindie in his oune house The saids Lords ordained That besyd the Tutor of Weem and the petitioner Gordon of Cambdell against whom the account of their men found to have had some accession to the said depredation decreits had passed Which they had suspended and the saids Lords found orderly proceided and that the petitioner and they should goe on to persew the principall actors or other accessaries both men and masters To the effect that all being Decerned They might the better recover their releiff In persewance of which ordinance The petitioner and the said Tutor have raised summonds before the saids Lords against certain persons pairt of them belonging to the Earl of Aboyn and pairt to the Laird of Grant and also against Knockespocks elder and younger and Adam Gordon Late of Glenbucket, In which proces They are to adduce Donald Camron somtyme in Carniserach Alexander Menzies in Kinilachar, John Roy Menzies alias Mcockvie there John M’artur somtyme in Carrie brother to Robert M’artur of Aird Angus M’coil vic Jandus vig in […] Rorie Kennedie in […] Camiferach Callum Breack M’Jean vic Phadrick Glengairdne Grigar Breack M’Jan vc phandrick his brother in Daocharn John Crookshank younger in Rinaira William Bain M’pherson in Pilgalish as necessary witnesses as the petitioner was content to give his oath therupon conforme to the act of parliament Jaj vjc Eighty one, Who needed the said proces Lykeas ther are some of them to whom the saids Lords granted their protection against the petitioner So that the saids Lords would certainly allow the petitioner the same Justice That was alloued against him and seing that by the forsaid act of parliament Jaj vjc Eighty one The said Lords are authorized and also in use to grant protection in such caises Therfore humbly Craveing That it might have pleased the saids Lords to grant the protection to the forsaids persons To the effect That they may Compear to give evidence in the proces and that for the space and in the termes of the forsaid act of parliament Reserveing objections against the witnesses as accords as the said petition bears Which petition being read upon the fourt of February last In presence of His Majesties high Commissioner and Lords of His majesties privie Councell They alloued any persons concerned to sie and answer the same Therafter wpon the tuenty day of the said moneth of Feburary their Lordships haveing considered the said petition and ansuers made therto by Charles Earle of Aboyn The Lairds of Grant Knockespocks elder and younger and Glenbucket They Delayed to give ansuer to the said petition untill both parties procurators were heard and appoynted both parties and their procurators to be readie and attend the Councill wpon the tuenty seventh day of the said moneth now bygone and therafter the saids Lords of his Majesties privie Councill haveing considered the said petition and ansuers forsaid made therto by the said Earle of Aboyn and others abovenamed and Sir James Stewart Her2 Majesties Advocat Mr David Dalrymple Mr James Mackenzie Mr William Carmichell Mr William Calderwood and Mr Robert Forbes senior Compearing as Advocats for the said Gordon of Camdell and Mr James Nesmyth Mr Francis Grant and Sir Alexander Cumming Compearing as Advocats for the saids Earle of Aboyn Lairds of Grant Knockespocks elder and younger and Glenbucket and the Lauers for both parties being fully heard at the Councill barrr The Councill Nominated and Appoynted a Committie of their oune number to endeavour to setle and agree both parties in the matter mentioned in the said petition and ansuers made therto and the said Commity haveing Failzied to setle and agree the saids parties and the saids Lords of His Majesties privie Councill haveing this day considered the said petition with the ansuers forsaid made therto by the abovenamed Earle and others in their oune presence They Doe heirby Grant personall protection To Donald Camron somtyme in Camiserach Alexander Menzies in Kinilacher John Roy Menzies alias M’coile vick Indue John M’artur somtyme in Carie Brother to Robert M’artur of Aird Angus M’oile vc Ian due vig in […] Rorie Kennedie in Camiserach Callum Breack M’Ian vic phadrick on Glengairdine Grigor Breack M’Ian vic phadrick3 his brother in Daocharn John Crookshank younger in Kinaira, William Bain M’pherson in Pitgalish as necessary witnesses in the above proces from the first day of June nixt to the first day of July therafter Riserveing all objections which may be made against them when they are Laid as witneses as accords Heirby Dischargeing all Macers Messingers at armes officers within burgh or Landward to putt any Letters of Caption acts of warding or any other personall dilligence to execution against the forenamed persons untill the forsaid day Excepting alwayes His Majesties Rents and publict dues, subscribitur ut in sederunt

Att Edinburgh the fourt day of March 1701

D1701/3/21

Act

Act Gordon of Campdell for a protection to Witneses

Anent the petition given in to the Lord of his Majesties privie Councill by Alexander Gordon of Campdell Shewing That where The Lords of his Majesties privie Councill at the Advyseing of the decreits and suspenswns obtained and raised toutching The barbarous depredation Hamsucken and roberie Committed upon Glenkindie in his oune house The saids Lords ordained That besyd the Tutor of Weem and the petitioner Gordon of Cambdell against whom the account of their men found to have had some accession to the said depredation decreits had passed Which they had suspended and the saids Lords found orderly proceided and that the petitioner and they should goe on to persew the principall actors or other accessaries both men and masters To the effect that all being Decerned They might the better recover their releiff In persewance of which ordinance The petitioner and the said Tutor have raised summonds before the saids Lords against certain persons pairt of them belonging to the Earl of Aboyn and pairt to the Laird of Grant and also against Knockespocks elder and younger and Adam Gordon Late of Glenbucket, In which proces They are to adduce Donald Camron somtyme in Carniserach Alexander Menzies in Kinilachar, John Roy Menzies alias Mcockvie there John M’artur somtyme in Carrie brother to Robert M’artur of Aird Angus M’coil vic Jandus vig in […] Rorie Kennedie in […] Camiferach Callum Breack M’Jean vic Phadrick Glengairdne Grigar Breack M’Jan vc phandrick his brother in Daocharn John Crookshank younger in Rinaira William Bain M’pherson in Pilgalish as necessary witnesses as the petitioner was content to give his oath therupon conforme to the act of parliament Jaj vjc Eighty one, Who needed the said proces Lykeas ther are some of them to whom the saids Lords granted their protection against the petitioner So that the saids Lords would certainly allow the petitioner the same Justice That was alloued against him and seing that by the forsaid act of parliament Jaj vjc Eighty one The said Lords are authorized and also in use to grant protection in such caises Therfore humbly Craveing That it might have pleased the saids Lords to grant the protection to the forsaids persons To the effect That they may Compear to give evidence in the proces and that for the space and in the termes of the forsaid act of parliament Reserveing objections against the witnesses as accords as the said petition bears Which petition being read upon the fourt of February last In presence of His Majesties high Commissioner and Lords of His majesties privie Councell They alloued any persons concerned to sie and answer the same Therafter wpon the tuenty day of the said moneth of Feburary their Lordships haveing considered the said petition and ansuers made therto by Charles Earle of Aboyn The Lairds of Grant Knockespocks elder and younger and Glenbucket They Delayed to give ansuer to the said petition untill both parties procurators were heard and appoynted both parties and their procurators to be readie and attend the Councill wpon the tuenty seventh day of the said moneth now bygone and therafter the saids Lords of his Majesties privie Councill haveing considered the said petition and ansuers forsaid made therto by the said Earle of Aboyn and others abovenamed and Sir James Stewart Her2 Majesties Advocat Mr David Dalrymple Mr James Mackenzie Mr William Carmichell Mr William Calderwood and Mr Robert Forbes senior Compearing as Advocats for the said Gordon of Camdell and Mr James Nesmyth Mr Francis Grant and Sir Alexander Cumming Compearing as Advocats for the saids Earle of Aboyn Lairds of Grant Knockespocks elder and younger and Glenbucket and the Lauers for both parties being fully heard at the Councill barrr The Councill Nominated and Appoynted a Committie of their oune number to endeavour to setle and agree both parties in the matter mentioned in the said petition and ansuers made therto and the said Commity haveing Failzied to setle and agree the saids parties and the saids Lords of His Majesties privie Councill haveing this day considered the said petition with the ansuers forsaid made therto by the abovenamed Earle and others in their oune presence They Doe heirby Grant personall protection To Donald Camron somtyme in Camiserach Alexander Menzies in Kinilacher John Roy Menzies alias M’coile vick Indue John M’artur somtyme in Carie Brother to Robert M’artur of Aird Angus M’oile vc Ian due vig in […] Rorie Kennedie in Camiserach Callum Breack M’Ian vic phadrick on Glengairdine Grigor Breack M’Ian vic phadrick3 his brother in Daocharn John Crookshank younger in Kinaira, William Bain M’pherson in Pitgalish as necessary witnesses in the above proces from the first day of June nixt to the first day of July therafter Riserveing all objections which may be made against them when they are Laid as witneses as accords Heirby Dischargeing all Macers Messingers at armes officers within burgh or Landward to putt any Letters of Caption acts of warding or any other personall dilligence to execution against the forenamed persons untill the forsaid day Excepting alwayes His Majesties Rents and publict dues, subscribitur ut in sederunt

1. NRS, PC2/28, 40r-41r.

2. Sic.

3. The words ‘in Glengard’ scored out here.

1. NRS, PC2/28, 40r-41r.

2. Sic.

3. The words ‘in Glengard’ scored out here.

Sederunt, 4 March 1701, Edinburgh

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Att Edinburgh the fourt day of March 17011

D1701/3/12

Sederunt

Lord Chancelor; Earl of Argyle; Earl of Mar; Earl of Buchan; Earl of Leven; Lord Montgomrie; Lord Jedburgh; Lord Forbes; Lord Advocat; Lord Theasurer deput; Lord Aberuchill; Lord Halcraig; Lord Rankeilor; Mr Frances Montgomry; Laird of Grant; Lord provost Edinburgh

Att Edinburgh the fourt day of March 17011

D1701/3/12

Sederunt

Lord Chancelor; Earl of Argyle; Earl of Mar; Earl of Buchan; Earl of Leven; Lord Montgomrie; Lord Jedburgh; Lord Forbes; Lord Advocat; Lord Theasurer deput; Lord Aberuchill; Lord Halcraig; Lord Rankeilor; Mr Frances Montgomry; Laird of Grant; Lord provost Edinburgh

1. NRS, PC2/28, 40r.

2. NRS, PC2/28, 40r.

1. NRS, PC2/28, 40r.

2. NRS, PC2/28, 40r.

Order, 4 March 1701, Edinburgh

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Att Edinburgh The Fourth day of March Jaj viic and one years

A1701/3/31

Order

Recommendation To the Lords of Justiciary to appoint a day for Executing Anderson and Weir

The Lords of His Majesties privy Councill having Considered the Representation and Information given in to them against Thomas Anderson and John Weir, who hade been Condemned by the Lords of Justiciary to dy for the Crymes of which they were Found guilty, which Sentence of death was formerly Commuted and Changed into a Sentence of Banishment furth of His majestys dominions by the Saids Lords not to return into this Kingdom under the pain and Certification of having the forsaid Sentence of death put to Execution against them, And the Saids Lords Finding That the Saids Thomas Anderson and John Weir prisoners in the tolbooth of Edinburgh have Incurred the forsaid Certification, The Councill have Revoked and heirby Revoks and discharges the forsaid Commutation and Change of their Sentence from death to banishment, and have remitted and heirby Remitts the saids Thomas Andersone and John Weir, To the Lord Justice Generall, Lord Justice Clerk and Lords Commissioners of Justiciary And Recommends to them to appoint a new day for putting the Said former Sentence of death to Execution against the said Thomas Andersone and John Weir, and to give order to the magistrats of Edinburgh, to See the same duty Execute accordingly.

Att Edinburgh The Fourth day of March Jaj viic and one years

A1701/3/31

Order

Recommendation To the Lords of Justiciary to appoint a day for Executing Anderson and Weir

The Lords of His Majesties privy Councill having Considered the Representation and Information given in to them against Thomas Anderson and John Weir, who hade been Condemned by the Lords of Justiciary to dy for the Crymes of which they were Found guilty, which Sentence of death was formerly Commuted and Changed into a Sentence of Banishment furth of His majestys dominions by the Saids Lords not to return into this Kingdom under the pain and Certification of having the forsaid Sentence of death put to Execution against them, And the Saids Lords Finding That the Saids Thomas Anderson and John Weir prisoners in the tolbooth of Edinburgh have Incurred the forsaid Certification, The Councill have Revoked and heirby Revoks and discharges the forsaid Commutation and Change of their Sentence from death to banishment, and have remitted and heirby Remitts the saids Thomas Andersone and John Weir, To the Lord Justice Generall, Lord Justice Clerk and Lords Commissioners of Justiciary And Recommends to them to appoint a new day for putting the Said former Sentence of death to Execution against the said Thomas Andersone and John Weir, and to give order to the magistrats of Edinburgh, to See the same duty Execute accordingly.

1. NRS, PC1/52, 191.

1. NRS, PC1/52, 191.

Warrant, 4 March 1701, Edinburgh

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Att Edinburgh The Fourth day of March Jaj viic and one years

A1701/3/21

Warrant

Warrant Liberating Captain Urqwhart

Sir James Stewart His majestys Advocat having Represented to the Lords of His majestys privy Councill, That notwithstanding Captain Kennith Urqwhart who was taken upon the account of the late Rable, Is by their Lordships order appointed to be sitt at Liberty, That yet the master of the tolbooth of Edinburgh Scruples to sett him at liberty, In Respect there is a protestation taken against him, Since Captain Urqwhart was Incarcerat and that upon a bond of presentation granted by him before his Incarceration, and the Saids Lords of His majestys privy Councill having considered the forsaid Representation, They do heirby ordain, and gives order and warrant to the magistrats of Edinburgh and keeper of their tolbooth to sett the person of the said Captain Kenneth Urqwhart, at liberty furth therof, notwithstanding of the forsaid protestation Reserving to the persons concerned in the forsaid protestation To Insist therin as accords in Law, For which this shall be to all Concerned a Sufficient warrant

Att Edinburgh The Fourth day of March Jaj viic and one years

A1701/3/21

Warrant

Warrant Liberating Captain Urqwhart

Sir James Stewart His majestys Advocat having Represented to the Lords of His majestys privy Councill, That notwithstanding Captain Kennith Urqwhart who was taken upon the account of the late Rable, Is by their Lordships order appointed to be sitt at Liberty, That yet the master of the tolbooth of Edinburgh Scruples to sett him at liberty, In Respect there is a protestation taken against him, Since Captain Urqwhart was Incarcerat and that upon a bond of presentation granted by him before his Incarceration, and the Saids Lords of His majestys privy Councill having considered the forsaid Representation, They do heirby ordain, and gives order and warrant to the magistrats of Edinburgh and keeper of their tolbooth to sett the person of the said Captain Kenneth Urqwhart, at liberty furth therof, notwithstanding of the forsaid protestation Reserving to the persons concerned in the forsaid protestation To Insist therin as accords in Law, For which this shall be to all Concerned a Sufficient warrant

1. NRS, PC1/52, 190.

1. NRS, PC1/52, 190.

Sederunt, 4 March 1701, Edinburgh

Posted on by

Att Edinburgh The Fourth day of March Jaj viic and one years1

A1701/3/12

Sederunt

Lord Chancellor; Earl of Argyle; Earl of Mar; Earl of Buchan; Earl of Leven; Lord Montgomry; Lord Jedburgh; Lord Forbes; Lord Advocat; Lord Thesaurer Depute; Lord Aberuchill; Lord Halcraig; Lord Rankillor; Mr Fr: Montgomry; Laird of Grant; Lord Provost of Edinburgh

Att Edinburgh The Fourth day of March Jaj viic and one years1

A1701/3/12

Sederunt

Lord Chancellor; Earl of Argyle; Earl of Mar; Earl of Buchan; Earl of Leven; Lord Montgomry; Lord Jedburgh; Lord Forbes; Lord Advocat; Lord Thesaurer Depute; Lord Aberuchill; Lord Halcraig; Lord Rankillor; Mr Fr: Montgomry; Laird of Grant; Lord Provost of Edinburgh

1. NRS, PC1/52, 190.

2. NRS, PC1/52, 190.

1. NRS, PC1/52, 190.

2. NRS, PC1/52, 190.