Act, 6 January 1701, Edinburgh

Att Holyrudhouse the sixth day of January one Thousand seven hundred years

D1701/1/61

Act

Act the Viscount of Arbuthnet anent Choiseing Curators

Anent a Petition given in to His Majesties high Commissioner and the Lords of his Majesties privy Councill be the Viscount of Arbuthnot Shewing That wher in obedience to the deliverance of Councill the Tenth day of December on the Muttuall petitiones by the Earle of Southerland and the petitioner and and in Complyance to my Lord Chancelors Letter wryten at the desire of the Councill the petitioner hade returned to Edinburgh and hade waited upon his Grace; The Lord Chancelor and others of the privy Councill and hade owned as weell as showen that the petitioners withdrawing from his Grandfathers familly was without any disrespect of the petitioners own free Choise, Bot albeit by the Letter which the petitioner hade the honor to receive from the Chancelor The petitioner understood he was to be left at Libertie upon the petitioners returne and presenting of the petitioners self to his Grace to proceed in Choiseing of the petitioners Curators yet the interloquitor of Councill does stope and Discharge the petitioners choiseing of Curators serving of edicts or doeing any other thing for the effect untill farder order of Councill and although this prohibition be only in the mean time untill petitioner should present himself to his Majesties high Commissioner and that is not to be thought till his Grace and the saids Lords intended Imped the free Choise of the petitioners Curators yet least the petitioner should seem to faill the due respect to any ordinance of Councill The petitioner hade abstained from the Choiseing of the Currators untill his Grace and the saids Lords take off the very appearance of a prohibitione and therfore humbly Craveing the saids Lords to Find that he might freely proceed to Choise Curators As the petition bears His Majesties high Commissioner and the Lords of privy Councill haveing Considered this petition given in to them by the above Viscount of Arbuthnot They hereby take off any stop made by them to the said petitioner his Choiseing of his Curators; And Declares his Lordship to be at full and free Libertie to ellect and Choise the Same notwithstanding therof, and alse fully and freely as if the Samen hade never been Laid on as accords in Law.

Att Holyrudhouse the sixth day of January one Thousand seven hundred years

D1701/1/61

Act

Act the Viscount of Arbuthnet anent Choiseing Curators

Anent a Petition given in to His Majesties high Commissioner and the Lords of his Majesties privy Councill be the Viscount of Arbuthnot Shewing That wher in obedience to the deliverance of Councill the Tenth day of December on the Muttuall petitiones by the Earle of Southerland and the petitioner and and in Complyance to my Lord Chancelors Letter wryten at the desire of the Councill the petitioner hade returned to Edinburgh and hade waited upon his Grace; The Lord Chancelor and others of the privy Councill and hade owned as weell as showen that the petitioners withdrawing from his Grandfathers familly was without any disrespect of the petitioners own free Choise, Bot albeit by the Letter which the petitioner hade the honor to receive from the Chancelor The petitioner understood he was to be left at Libertie upon the petitioners returne and presenting of the petitioners self to his Grace to proceed in Choiseing of the petitioners Curators yet the interloquitor of Councill does stope and Discharge the petitioners choiseing of Curators serving of edicts or doeing any other thing for the effect untill farder order of Councill and although this prohibition be only in the mean time untill petitioner should present himself to his Majesties high Commissioner and that is not to be thought till his Grace and the saids Lords intended Imped the free Choise of the petitioners Curators yet least the petitioner should seem to faill the due respect to any ordinance of Councill The petitioner hade abstained from the Choiseing of the Currators untill his Grace and the saids Lords take off the very appearance of a prohibitione and therfore humbly Craveing the saids Lords to Find that he might freely proceed to Choise Curators As the petition bears His Majesties high Commissioner and the Lords of privy Councill haveing Considered this petition given in to them by the above Viscount of Arbuthnot They hereby take off any stop made by them to the said petitioner his Choiseing of his Curators; And Declares his Lordship to be at full and free Libertie to ellect and Choise the Same notwithstanding therof, and alse fully and freely as if the Samen hade never been Laid on as accords in Law.

1. NRS, PC2/28, 25v-26r.

1. NRS, PC2/28, 25v-26r.

Act, 6 January 1701, Edinburgh

Att Holyrudhouse the sixth day of January one Thousand seven hundred years

D1701/1/51

Act

Protection To Coll Mcdonald

Anent a Petition given in to the Lords of his Majesties privy Councill be Coll Mcdonald in Keppoch Shewing That wher it pleased the Lords of his Majesties privy Councill by their act dated the nynth day of August Last to grant the petitioner a personall protection to the first of January nixt to come That the petitioner might treat with the persones named in a former act of the date the twelth day of march last anent the Laird of Mcintoshes affairs in presence of Brigadeer Maitland governor of Fort William In prosecutione wherof the petitioner hade treated accordingly, And the Laird of Mcintosh and the petitioner was fully settled by a subscribed agreement and wryting reported to the saids Lords by the said Brigadeer Maitland, and seeing it would be necessary both to the effect that the petitioner might attend the saids Lords pleasure in relatione to the said report, as Likewayes for extending the wrytes and papers betwixt the Laird of Mcintosh and the petitioner For Implement of the said agreement, That the saids Lords protectione be prorogued for some time with a farder Libertie for the petitioner to attend the saids Lords at Edinburgh to the effect forsaid, as also that the saids Lords protectione be granted to Angus Mcdonald Mcdonald2 a person necessary for the perfecting the saids wrytes And Therfor humbly supplicating the saids Lords to the effect aftermentioned. As the said petition bears; His Majesties high Commmissioner and the Lords of his Majesties privy Councill having Considered this petition given in to them be the above Coll McDonald in Keppoch For himself and Angus Mcdonald his brother His Grace and their Lordships Doe hereby Grant personall protectione to the said Coll Mcdonald and to the said Angus Mcdonald his brother untill the sixth day of July Nixt to come inclusive, as to any thing may be Laid to their Charge upon the accompt of their actings against the government allenarly To the effect the said Coll Mcdonald may Continue to treat with the persones named in the former acts of Councill of the date the twelth day of March and nynth of August Last by past anent the Laird of Mcintoshes privat affairs, In presence of Brigadeer Maitland Governour of Fort William and Discharges all macers messengers at armes and other officers of the Law whatsomever to trouble or mollest the said Coll and Angus Mcdonalds upon accompt of any thing may be Laid to their Charge for their by past actings against the Government before the said day be elapsed, and dureing the space of the said protection have allowed and hereby Allowes the saids Coll and Angus Mcdonalds to repair to the city of Edinburgh or other places needfull within this kingdome to the effect abovementioned.

Att Holyrudhouse the sixth day of January one Thousand seven hundred years

D1701/1/51

Act

Protection To Coll Mcdonald

Anent a Petition given in to the Lords of his Majesties privy Councill be Coll Mcdonald in Keppoch Shewing That wher it pleased the Lords of his Majesties privy Councill by their act dated the nynth day of August Last to grant the petitioner a personall protection to the first of January nixt to come That the petitioner might treat with the persones named in a former act of the date the twelth day of march last anent the Laird of Mcintoshes affairs in presence of Brigadeer Maitland governor of Fort William In prosecutione wherof the petitioner hade treated accordingly, And the Laird of Mcintosh and the petitioner was fully settled by a subscribed agreement and wryting reported to the saids Lords by the said Brigadeer Maitland, and seeing it would be necessary both to the effect that the petitioner might attend the saids Lords pleasure in relatione to the said report, as Likewayes for extending the wrytes and papers betwixt the Laird of Mcintosh and the petitioner For Implement of the said agreement, That the saids Lords protectione be prorogued for some time with a farder Libertie for the petitioner to attend the saids Lords at Edinburgh to the effect forsaid, as also that the saids Lords protectione be granted to Angus Mcdonald Mcdonald2 a person necessary for the perfecting the saids wrytes And Therfor humbly supplicating the saids Lords to the effect aftermentioned. As the said petition bears; His Majesties high Commmissioner and the Lords of his Majesties privy Councill having Considered this petition given in to them be the above Coll McDonald in Keppoch For himself and Angus Mcdonald his brother His Grace and their Lordships Doe hereby Grant personall protectione to the said Coll Mcdonald and to the said Angus Mcdonald his brother untill the sixth day of July Nixt to come inclusive, as to any thing may be Laid to their Charge upon the accompt of their actings against the government allenarly To the effect the said Coll Mcdonald may Continue to treat with the persones named in the former acts of Councill of the date the twelth day of March and nynth of August Last by past anent the Laird of Mcintoshes privat affairs, In presence of Brigadeer Maitland Governour of Fort William and Discharges all macers messengers at armes and other officers of the Law whatsomever to trouble or mollest the said Coll and Angus Mcdonalds upon accompt of any thing may be Laid to their Charge for their by past actings against the Government before the said day be elapsed, and dureing the space of the said protection have allowed and hereby Allowes the saids Coll and Angus Mcdonalds to repair to the city of Edinburgh or other places needfull within this kingdome to the effect abovementioned.

1. NRS, PC2/28, 25r-v.

2. Sic.

1. NRS, PC2/28, 25r-v.

2. Sic.

Sederunt, 6 January 1701, Edinburgh

Att1 Holyrudhouse the sixth day of January one Thousand seven hundred years2

D1701/1/43

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Argyll; Earl of Crafurd; Earl of Marr; Earl of Mortone; Earl of Cassills; Earl of Strathmore; Earl of Galloway; Earl of Lothian; Earl of Lowdon; Earl of Finlator; Earl of Kintoir; Lord Montgomrie; Lord Jedburgh; Lord Carmicheall S; Lord Forbes; Lord Ross; Lord Boyle; Lord President of session; Lord Advocat; Lord Thesaurer deput; Lord Aberuchill; Lord Stevenson; Lord provest of Edinburgh

Att1 Holyrudhouse the sixth day of January one Thousand seven hundred years2

D1701/1/43

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Argyll; Earl of Crafurd; Earl of Marr; Earl of Mortone; Earl of Cassills; Earl of Strathmore; Earl of Galloway; Earl of Lothian; Earl of Lowdon; Earl of Finlator; Earl of Kintoir; Lord Montgomrie; Lord Jedburgh; Lord Carmicheall S; Lord Forbes; Lord Ross; Lord Boyle; Lord President of session; Lord Advocat; Lord Thesaurer deput; Lord Aberuchill; Lord Stevenson; Lord provest of Edinburgh

1. The word ‘Edinburgh’ scored out.

2. Sic. NRS, PC2/28, 25r.

3. NRS, PC2/28, 25r.

1. The word ‘Edinburgh’ scored out.

2. Sic. NRS, PC2/28, 25r.

3. NRS, PC2/28, 25r.

Proclamation, 6 January 1701, Edinburgh

Att the Abbay of Halyroodhouse The Sixth day of January one Thousand Seven Hundered and one years

A1701/1/51

Proclamation

Proclamation against Importing of Irish victuall

The Following Proclamation being Read was voted approven and Signed and ordered to be published and Recorded. Whereof the Tenor Follows
William by the Grace of God King of great Brittan France and Ireland defender of the faith To […] macers of our privy Councill, messengers at arms, our Shiriffs in that pairt Conjunctly and severally Specially constitute greeting, Forasmuchas albeit by the Fourteenth act Parliament Jaj vic Eighty Six, The Importing Irish victuall is Strictly prohibite and discharged with certification, That all the Victuall That shall be Imported Shall be Sunk and destroyed, and the Seizer and discoverer for his Reward shall have the Boat Bark or vessell wherin the Said victuall Shall be Imported, To dispose off at his pleasure Together with the half of the fines, Imposed upon the Importers, Resetters or Heretors By The Third Act, Third Session parliament Second Charles Second Ratified also by the act of parliament abovementioned which appoints the other half of the saids Fynes to belong to his Majesty Nevertheless Sundry persons preferring their own privat Interests to their obedience to the Laws and good of the Kingdom, do presume and adventure to Import divers quantities of victuall from Ireland and Vent and Sell the Same in this Kingdom, wherby the sale of the Corns growing within the Same is Stopped, and much money unwarrantably carried out of the Kingdom, and Wee being Resolved for the good of this our antient Kingdom, to take ane Effectuall course for preventing and Restraining such courses in tyme coming. Therfore Wee with advice of the Lords of our Privy Councill, Strictly prohibite and discharge all persons whatsoever, whither Natives or Forraigners, To Import or being into this Kingdom any Victual from Ireland, from and after the date hereof, or to buy, make use of or Retail the Same, under the pains contained in the acts of parliament abovementioned, Requiring hereby all Sheriffs, of the severall Shyres Justices of peace, and magistrats of Burghs within their Respective Jurisdictions, not only to Sink and destroy the forsaid victuall from Ireland if any Shall be Imported, but also to take and apprehend the persons of all such mariners Seamen or Sailers Importing any Victuall from Ireland to this Kingdom in manifest Transgression of the premisses, and to Committ and detain them in prison, untill they shall be thence delivered by Express Warrant from the Lords of our privy Councill to be granted for that Effect. Our Will is Heirfore and Wee Charge yow Straitly and Command, That Incontinent these our Letters Seen ye pass to the mercat Cross of Edinburgh and to the mercat Crosses of Glasgow and Dumfreis, and of the hail head burghs of the Severall Shyres within the bounds betwixt Dumfreis and the Sound of Mull, and therat make publication heirof by open proclamation of the premises, That none may pretend Ignorance, and ordains these presents to be printed, Given under our Signet at the Abbay of Halyroodhouse the Sixth day of January and of our Reign the Twelfth year. 1701 Sic Subscribitur.

Att the Abbay of Halyroodhouse The Sixth day of January one Thousand Seven Hundered and one years

A1701/1/51

Proclamation

Proclamation against Importing of Irish victuall

The Following Proclamation being Read was voted approven and Signed and ordered to be published and Recorded. Whereof the Tenor Follows
William by the Grace of God King of great Brittan France and Ireland defender of the faith To […] macers of our privy Councill, messengers at arms, our Shiriffs in that pairt Conjunctly and severally Specially constitute greeting, Forasmuchas albeit by the Fourteenth act Parliament Jaj vic Eighty Six, The Importing Irish victuall is Strictly prohibite and discharged with certification, That all the Victuall That shall be Imported Shall be Sunk and destroyed, and the Seizer and discoverer for his Reward shall have the Boat Bark or vessell wherin the Said victuall Shall be Imported, To dispose off at his pleasure Together with the half of the fines, Imposed upon the Importers, Resetters or Heretors By The Third Act, Third Session parliament Second Charles Second Ratified also by the act of parliament abovementioned which appoints the other half of the saids Fynes to belong to his Majesty Nevertheless Sundry persons preferring their own privat Interests to their obedience to the Laws and good of the Kingdom, do presume and adventure to Import divers quantities of victuall from Ireland and Vent and Sell the Same in this Kingdom, wherby the sale of the Corns growing within the Same is Stopped, and much money unwarrantably carried out of the Kingdom, and Wee being Resolved for the good of this our antient Kingdom, to take ane Effectuall course for preventing and Restraining such courses in tyme coming. Therfore Wee with advice of the Lords of our Privy Councill, Strictly prohibite and discharge all persons whatsoever, whither Natives or Forraigners, To Import or being into this Kingdom any Victual from Ireland, from and after the date hereof, or to buy, make use of or Retail the Same, under the pains contained in the acts of parliament abovementioned, Requiring hereby all Sheriffs, of the severall Shyres Justices of peace, and magistrats of Burghs within their Respective Jurisdictions, not only to Sink and destroy the forsaid victuall from Ireland if any Shall be Imported, but also to take and apprehend the persons of all such mariners Seamen or Sailers Importing any Victuall from Ireland to this Kingdom in manifest Transgression of the premisses, and to Committ and detain them in prison, untill they shall be thence delivered by Express Warrant from the Lords of our privy Councill to be granted for that Effect. Our Will is Heirfore and Wee Charge yow Straitly and Command, That Incontinent these our Letters Seen ye pass to the mercat Cross of Edinburgh and to the mercat Crosses of Glasgow and Dumfreis, and of the hail head burghs of the Severall Shyres within the bounds betwixt Dumfreis and the Sound of Mull, and therat make publication heirof by open proclamation of the premises, That none may pretend Ignorance, and ordains these presents to be printed, Given under our Signet at the Abbay of Halyroodhouse the Sixth day of January and of our Reign the Twelfth year. 1701 Sic Subscribitur.

1. NRS, PC1/52, 165-6.

1. NRS, PC1/52, 165-6.

Act, 6 January 1701, Edinburgh

Att the Abbay of Halyroodhouse The Sixth day of January one Thousand Seven Hundered and one years

A1701/1/41

Act

Act Gilbert Stewart in Edinburgh anent Gold dust

Anent The Petition given in to the His Grace His majesties high Commissioner and the Right Honourable The Lords of His Majesties Privy Councill by Gilbert Stewart merchant in Edinburgh, Shewing That their Petitioner having frequently applyed to the officers of the mint for coyning of some Gold dust in the terms of their Lordships former ordinance They have hitherto postponed the giving obedience to their Lordships act and ordinance, upon pretence That they wanted ane order from their Lordships for making of the puncheons, and Recommendation upon the Lords of the Thesaury for some advance to them for Supporting of the Coynadge and defraying the Charge of the Tools, That they have already provided and were to provide, which pretensions hade bended greatly to the prejudice of their Supplicant, And Therfore Humbly Craving to the Effect underwrittin as the said Petition bears. His Majesties high Commissioner And The Lords of His majesties privy Councill having Considered the above petition given in to them by Gilbert Stewart, They heirby ordain and Require The severall officers within his Majesties mint-house with James Clark Graver to the said mint, To Concurr in obeying the former acts and ordinances of Councill of the date the Fourteenth day of August last bypast anent the said matter and particularly ordains the said James Clark to make the materesses puncheons, Counter pouncheons and other Instruments of his trade necessar for Expeading the Said Coynadge, And Recommends to the Lords Commissioners of his majesties Thesaury to allow what they Shall think Competent for Supporting of the Coynadge of the said Gold, and defraying the Charge of the saids tools that are provided or to be provided by the other officers of the mint or the said James Clark for that End, according to use and wont.

Att the Abbay of Halyroodhouse The Sixth day of January one Thousand Seven Hundered and one years

A1701/1/41

Act

Act Gilbert Stewart in Edinburgh anent Gold dust

Anent The Petition given in to the His Grace His majesties high Commissioner and the Right Honourable The Lords of His Majesties Privy Councill by Gilbert Stewart merchant in Edinburgh, Shewing That their Petitioner having frequently applyed to the officers of the mint for coyning of some Gold dust in the terms of their Lordships former ordinance They have hitherto postponed the giving obedience to their Lordships act and ordinance, upon pretence That they wanted ane order from their Lordships for making of the puncheons, and Recommendation upon the Lords of the Thesaury for some advance to them for Supporting of the Coynadge and defraying the Charge of the Tools, That they have already provided and were to provide, which pretensions hade bended greatly to the prejudice of their Supplicant, And Therfore Humbly Craving to the Effect underwrittin as the said Petition bears. His Majesties high Commissioner And The Lords of His majesties privy Councill having Considered the above petition given in to them by Gilbert Stewart, They heirby ordain and Require The severall officers within his Majesties mint-house with James Clark Graver to the said mint, To Concurr in obeying the former acts and ordinances of Councill of the date the Fourteenth day of August last bypast anent the said matter and particularly ordains the said James Clark to make the materesses puncheons, Counter pouncheons and other Instruments of his trade necessar for Expeading the Said Coynadge, And Recommends to the Lords Commissioners of his majesties Thesaury to allow what they Shall think Competent for Supporting of the Coynadge of the said Gold, and defraying the Charge of the saids tools that are provided or to be provided by the other officers of the mint or the said James Clark for that End, according to use and wont.

1. NRS, PC1/52, 165.

1. NRS, PC1/52, 165.

Sederunt, 6 January 1701, Edinburgh

Att the Abbay of Halyroodhouse The Sixth day of January one Thousand Seven Hundered and one years1

A1701/1/32

Sederunt

His Majesties high Commissioner; Lord Chancellor; Earl of Argyle; Earl of Crafurd; Earl of Mar; Earl of Morton; Earl of Cassills; Earl of Strathmore; Earl of Galloway; Earl of Lothian; Earl of Loudoun; Earl of Finlater; Earl of Northesk; Earl of Kintore; Lord Montgomry; Lord Jedburgh; Lord Carmichaell S.; Lord Forbes; Lord Ross; Lord Boyle; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Aberuchill; Laird of Stevensone; Lord Provost of Edinburgh

Att the Abbay of Halyroodhouse The Sixth day of January one Thousand Seven Hundered and one years1

A1701/1/32

Sederunt

His Majesties high Commissioner; Lord Chancellor; Earl of Argyle; Earl of Crafurd; Earl of Mar; Earl of Morton; Earl of Cassills; Earl of Strathmore; Earl of Galloway; Earl of Lothian; Earl of Loudoun; Earl of Finlater; Earl of Northesk; Earl of Kintore; Lord Montgomry; Lord Jedburgh; Lord Carmichaell S.; Lord Forbes; Lord Ross; Lord Boyle; Lord President of Session; Lord Advocat; Lord Thesaurer Deput; Lord Aberuchill; Laird of Stevensone; Lord Provost of Edinburgh

1. NRS, PC1/52, 164.

2. NRS, PC1/52, 164.

1. NRS, PC1/52, 164.

2. NRS, PC1/52, 164.