Tag Archives: 7 November 1704

Act, 7 November 1704, Edinburgh

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Edinburgh the 7th November 1704

D1704/11/71

Act

Act in favours of Barbara Cockburn Spouse to Saint Mairtins for citeing her Husband

Anent the petition given in and presented to the Lords of her Majesties privie Councill by Barbara Cockburn spouse to the Laird of St Martines Shewing that wher she was married to James Dallas of St Martines upon the […] day of […] who very shortly after their marriage began to treat her with extream rigour and unkindness, which nevertheless she supported with all Dutifull Submission and patience, and would had continowed to the last moment of her life to doe soe if her said husband his Inclemency and hard usadge had not brock out so openly and in ane instance which did visibly threaten her life and in such ane manner as excluded all hopes of living in any peace or safty with him heirafter She did therfore now humbly represent her Distrest Condition in the following Circumstances, and primo albeit her husband was so cautious as to avoid these things openly which might affoord a legall ground of Seperation yet she was not able to express the bitterness she mett with in secret and which she can no otherwayes prove than by adducing the servants in the house and these in the neighbourhood to witnes the mournings which had been heard in the roume wher she was shut up with her husband, and that she had been heard to walk bare footed diverse nights in that mourning Condition, Secundo after a tract of Severties and when she came to be delyvered of her Child she offered to prove by the neighbourhood and servants in her familie that she continowed to Cry out in Labour from ten at night to seven the nixt Morning without having any help or assistance called, and then when a Midwife was sent for who was accidentally out of the way and could not attend herselfe, she sent ane other Skilled woman to assist her, yet that woman was not suffered to give her any help, and unless it had been from the help she received in her uttermost Extremitie from ane other her Mother sent for she most had then perished with her Child, Tertio when he husband was quarrelled for so great Crueltie He made frivolous and unsatisfactorie pretences implieing that the treatment had been studied, and to compleat all, wished that he had power to bring fire from Heaven to consume her and her friends, Quarto after so dangerous and hard usadge She was depryved of the pleasure of seeing her infant, which was carryed out of the house some dayes after it was born without so much as ever letting her see it or telling her whither it was Convoyed, Quinto by these hard useadges she was brought to the Danger of her life, which She offered to prove, ther are many other important Circumstances which no doubt will concurr to satisfie their Lordships of the necessity of seperation and which she is ready also to prove, but these she only mentioned in generall out of the Decent respect which she had to her Husband and most humbly beseech their Lordships to believe that nothing could have made her expose her misfortune and affliction in a Complaint of this nature but a settled beliefe deryved from the sad experience she had of her Husbands utter aversion to her, and that if any opposition be made by her in a Seperation it is not out of affection and will inevitably end in her Ruine, and therfore Creaving to the effect aftermentioned as the said petition bears, The Lords of her Majesties privie Councill having Considered the above petition Given in to them by Barbara Cockburn spouse to St Mertines, and the samen being read in their presence the saids Lords Doe heirby grant Warrand to Macers of privie Councill or Messengers at arms to Cite the said James Dallas of St Martines the petitioners husband to Compeir before the saids Lords upon the fourteenth day of November instant to hear and see the Circumstances particularly and generally Contained in the above petition proven and for that effect Grants warrand to the saids Macers or Messingers to Cite such witness as the petitioner shall Condescend one for proving the matter Contained in the forsaid above petition to appear before the saids Lords day and place forsaid, and bear leill and Suithfast witnessing in suae far as they know or shall be speared at them in the forsaid matter.

Edinburgh the 7th November 1704

D1704/11/71

Act

Act in favours of Barbara Cockburn Spouse to Saint Mairtins for citeing her Husband

Anent the petition given in and presented to the Lords of her Majesties privie Councill by Barbara Cockburn spouse to the Laird of St Martines Shewing that wher she was married to James Dallas of St Martines upon the […] day of […] who very shortly after their marriage began to treat her with extream rigour and unkindness, which nevertheless she supported with all Dutifull Submission and patience, and would had continowed to the last moment of her life to doe soe if her said husband his Inclemency and hard usadge had not brock out so openly and in ane instance which did visibly threaten her life and in such ane manner as excluded all hopes of living in any peace or safty with him heirafter She did therfore now humbly represent her Distrest Condition in the following Circumstances, and primo albeit her husband was so cautious as to avoid these things openly which might affoord a legall ground of Seperation yet she was not able to express the bitterness she mett with in secret and which she can no otherwayes prove than by adducing the servants in the house and these in the neighbourhood to witnes the mournings which had been heard in the roume wher she was shut up with her husband, and that she had been heard to walk bare footed diverse nights in that mourning Condition, Secundo after a tract of Severties and when she came to be delyvered of her Child she offered to prove by the neighbourhood and servants in her familie that she continowed to Cry out in Labour from ten at night to seven the nixt Morning without having any help or assistance called, and then when a Midwife was sent for who was accidentally out of the way and could not attend herselfe, she sent ane other Skilled woman to assist her, yet that woman was not suffered to give her any help, and unless it had been from the help she received in her uttermost Extremitie from ane other her Mother sent for she most had then perished with her Child, Tertio when he husband was quarrelled for so great Crueltie He made frivolous and unsatisfactorie pretences implieing that the treatment had been studied, and to compleat all, wished that he had power to bring fire from Heaven to consume her and her friends, Quarto after so dangerous and hard usadge She was depryved of the pleasure of seeing her infant, which was carryed out of the house some dayes after it was born without so much as ever letting her see it or telling her whither it was Convoyed, Quinto by these hard useadges she was brought to the Danger of her life, which She offered to prove, ther are many other important Circumstances which no doubt will concurr to satisfie their Lordships of the necessity of seperation and which she is ready also to prove, but these she only mentioned in generall out of the Decent respect which she had to her Husband and most humbly beseech their Lordships to believe that nothing could have made her expose her misfortune and affliction in a Complaint of this nature but a settled beliefe deryved from the sad experience she had of her Husbands utter aversion to her, and that if any opposition be made by her in a Seperation it is not out of affection and will inevitably end in her Ruine, and therfore Creaving to the effect aftermentioned as the said petition bears, The Lords of her Majesties privie Councill having Considered the above petition Given in to them by Barbara Cockburn spouse to St Mertines, and the samen being read in their presence the saids Lords Doe heirby grant Warrand to Macers of privie Councill or Messengers at arms to Cite the said James Dallas of St Martines the petitioners husband to Compeir before the saids Lords upon the fourteenth day of November instant to hear and see the Circumstances particularly and generally Contained in the above petition proven and for that effect Grants warrand to the saids Macers or Messingers to Cite such witness as the petitioner shall Condescend one for proving the matter Contained in the forsaid above petition to appear before the saids Lords day and place forsaid, and bear leill and Suithfast witnessing in suae far as they know or shall be speared at them in the forsaid matter.

1. NRS, PC2/28, 300r-301r.

1. NRS, PC2/28, 300r-301r.

Act, 7 November 1704, Edinburgh

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Edinburgh the 7th November 1704

D1704/11/61

Act

Act in favours of Patton of Panholls for Citeing of the Earle of Perth and others

Anent the petition given in and presented to the Lords of her Majesties privie Councill by William Patton of Panholls and his Tennants Shewing that wheras the theivs and brocken men in the Highlands having in December Jaj vic and eighty nyne years fallen doun upon his Lands and robbed and Spulizied from them all their goods to the value of six thousand pound and laid waste ane great pairt therof and they having raised ane pursute before their Lordships in January Jaj vic and nyntie years against the Earle of Perth and others foundit upon the acts of parliament and proclamation’s of the Councill against heirships and Depredations committed in the Highlands, and the Lybell being admitted to their probation and witnesses examined and the probation ready to be advysed, and seeing the said proces is now Sleeping and therfore Creaving to the effect aftermentioned as the said petition bears. The Lords of her Majesties privie Councill having Considered the above petition given in to them by William Patton of Panholls, and the samen being read in their presence the saids Lords doe heirby grant Warrand to the petitioner to maek Intimation by by ane nottar and witnesses as effeirs to the Earle of Perth and others his Factors and Chamberland such of them as are within this Kingdome personally or at their dwelling places upon fifteen dayes and such as are furth therof at the Mercat Cross of Edinburgh peir and Shoar of Leith Upon Sixtie dayes to Compear before the saids Lords upon the eleventh day of January next to Come to hear and see the probation led at the petitioners instance against them advised to the finall End and Decision therof.

Edinburgh the 7th November 1704

D1704/11/61

Act

Act in favours of Patton of Panholls for Citeing of the Earle of Perth and others

Anent the petition given in and presented to the Lords of her Majesties privie Councill by William Patton of Panholls and his Tennants Shewing that wheras the theivs and brocken men in the Highlands having in December Jaj vic and eighty nyne years fallen doun upon his Lands and robbed and Spulizied from them all their goods to the value of six thousand pound and laid waste ane great pairt therof and they having raised ane pursute before their Lordships in January Jaj vic and nyntie years against the Earle of Perth and others foundit upon the acts of parliament and proclamation’s of the Councill against heirships and Depredations committed in the Highlands, and the Lybell being admitted to their probation and witnesses examined and the probation ready to be advysed, and seeing the said proces is now Sleeping and therfore Creaving to the effect aftermentioned as the said petition bears. The Lords of her Majesties privie Councill having Considered the above petition given in to them by William Patton of Panholls, and the samen being read in their presence the saids Lords doe heirby grant Warrand to the petitioner to maek Intimation by by ane nottar and witnesses as effeirs to the Earle of Perth and others his Factors and Chamberland such of them as are within this Kingdome personally or at their dwelling places upon fifteen dayes and such as are furth therof at the Mercat Cross of Edinburgh peir and Shoar of Leith Upon Sixtie dayes to Compear before the saids Lords upon the eleventh day of January next to Come to hear and see the probation led at the petitioners instance against them advised to the finall End and Decision therof.

1. NRS, PC2/28, 299v-300r.

1. NRS, PC2/28, 299v-300r.

Act, 7 November 1704, Edinburgh

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Edinburgh the 7th November 1704

D1704/11/51

Act

Act in favours of Sir James Dalrymple for printing a book

The Lords of her Majesties privie Councill Doe heirby Grant to Sir James Dalrymple on of the Clerks of Councell and Session his airs and assigney’s the sole priviledge of printing vending and seeling ane book Entituled Collections concerning the Scottish History preceeding the Death of King David the first In the year One thousand one hundered and Fiftie three, wherin the soveraignity of the Croun and the Independency of the Church is cleared with ane account of the antiquity and purity of the Scottish Brittish Church and the Novelty of popery in this Kingdome and Discharges all other persones whatsomever to print Reprint sell or import into this Kingdome any of the saids books for the space of nynteen years from the Date heirof and that under the pain and penalty of Confiscation of the saids books, to the use of the said Sir James Dalrymple or his forsaids and furder under the penalty of fyve hundred merks Scots money to be payed by the Contraveeners to the said Sir James Dalrymple or his forsaids Besides the seizure and forfaulture forsaid.

Edinburgh the 7th November 1704

D1704/11/51

Act

Act in favours of Sir James Dalrymple for printing a book

The Lords of her Majesties privie Councill Doe heirby Grant to Sir James Dalrymple on of the Clerks of Councell and Session his airs and assigney’s the sole priviledge of printing vending and seeling ane book Entituled Collections concerning the Scottish History preceeding the Death of King David the first In the year One thousand one hundered and Fiftie three, wherin the soveraignity of the Croun and the Independency of the Church is cleared with ane account of the antiquity and purity of the Scottish Brittish Church and the Novelty of popery in this Kingdome and Discharges all other persones whatsomever to print Reprint sell or import into this Kingdome any of the saids books for the space of nynteen years from the Date heirof and that under the pain and penalty of Confiscation of the saids books, to the use of the said Sir James Dalrymple or his forsaids and furder under the penalty of fyve hundred merks Scots money to be payed by the Contraveeners to the said Sir James Dalrymple or his forsaids Besides the seizure and forfaulture forsaid.

1. NRS, PC2/28, 299r-299v.

1. NRS, PC2/28, 299r-299v.

Act, 7 November 1704, Edinburgh

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Edinburgh the 7th November 1704

D1704/11/41

Act

Act the Toun of Edinburgh, and Recommendation to the advocat to call for George Drummond and adjust matters, betwixt him and the Toun anent criminall prisoners

Anent the petition given in and presented to the Lords of her Majesties privie Councill by the Lord provost Magistrats and Counsell of Edinburgh, Shewing that wher their Lordships upon the third of October last being the Day of their annall2 Election of the Magistrats ther was procured from their Lordships ane act in favours of George Drummond Keeper of their Tolbooth of Edinburgh for payment making to him of the house dues of all prisoners as had been or should be incarcerat for murder thift and other such Crimes against which they Creave leave humbly to represent to their Lordships that this is a new unpresedented thing never before hard of, and they are certainly informed that their Lordships opinion were only that the Good Toune of Edinburgh were obliedged to provyde a sufficient Goall for keeping such prisoners, as all other Royall Burghs are obliedged to doe but that no payment of these dues by them to any of their Keepers was ever designed by their Lordships. And therfore Creaving their Lordships to reconsider and rectifie the forsaid act, as the said petition bears. The Lords of her Majesties privie Councill having Considered the above petition, Given in to them by the Lord Provost Magistrats and Councell of the Burgh of Edinburgh and the samen being read in their presence the saids Lords doe heirby stop all Execution to be past on ane act of their Lordships, In favours of George Drummond Keeper of the Tolbooth of Edinburgh of the Date the third day of october last, and Recommends to the Lord advocat and Provost of Edinburgh to call for the said George Drummond and adjust all Differences and matters betwixt the saids magistrats and Toun Councill of Edinburgh and him anent the house dues for Criminall prisoners at the sight of the Lords of her Majesties Thesaury allenarly.

Edinburgh the 7th November 1704

D1704/11/41

Act

Act the Toun of Edinburgh, and Recommendation to the advocat to call for George Drummond and adjust matters, betwixt him and the Toun anent criminall prisoners

Anent the petition given in and presented to the Lords of her Majesties privie Councill by the Lord provost Magistrats and Counsell of Edinburgh, Shewing that wher their Lordships upon the third of October last being the Day of their annall2 Election of the Magistrats ther was procured from their Lordships ane act in favours of George Drummond Keeper of their Tolbooth of Edinburgh for payment making to him of the house dues of all prisoners as had been or should be incarcerat for murder thift and other such Crimes against which they Creave leave humbly to represent to their Lordships that this is a new unpresedented thing never before hard of, and they are certainly informed that their Lordships opinion were only that the Good Toune of Edinburgh were obliedged to provyde a sufficient Goall for keeping such prisoners, as all other Royall Burghs are obliedged to doe but that no payment of these dues by them to any of their Keepers was ever designed by their Lordships. And therfore Creaving their Lordships to reconsider and rectifie the forsaid act, as the said petition bears. The Lords of her Majesties privie Councill having Considered the above petition, Given in to them by the Lord Provost Magistrats and Councell of the Burgh of Edinburgh and the samen being read in their presence the saids Lords doe heirby stop all Execution to be past on ane act of their Lordships, In favours of George Drummond Keeper of the Tolbooth of Edinburgh of the Date the third day of october last, and Recommends to the Lord advocat and Provost of Edinburgh to call for the said George Drummond and adjust all Differences and matters betwixt the saids magistrats and Toun Councill of Edinburgh and him anent the house dues for Criminall prisoners at the sight of the Lords of her Majesties Thesaury allenarly.

1. NRS, PC2/28, 298v-299r.

2. Sic.

1. NRS, PC2/28, 298v-299r.

2. Sic.

Warrant, 7 November 1704, Edinburgh

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Edinburgh the 7th November 1704

D1704/11/31

Warrant

Warrand for passing Sir Francis Scotts Commission to be Master of work per Saltum

Anent the petition given in and presented to the Lords of her Majesties privie Councill by Sir Francis Scott of Thirlstane, Shewing that wher her Majestie hes been graciously pleased to grant the petitioner ane Commission to be Master of works within the Kingdome, which Commission wants the ordinar warrant for passing the great seall per saltum, and their Lordships being in use to Supply the samen in common forme And therfore Creaving to the effect aftermentioned as the said petition bears. The Lords of her Majesties privie Councill having Considered the above petition given in to them by Sir Francis Scott of Thirleston and the samen being read in their presence The saids Lords doe heirby appoynt and ordain the Commission in favours of the petitioner to be master of work to pass the great seall per Saltum, and for that effect Grants warrand to the Director of her Majesties Chancellary and his Deputs for wryting therof, and to the Keepers of the great seall to append the samen therto without passing any other Register or Seall

Edinburgh the 7th November 1704

D1704/11/31

Warrant

Warrand for passing Sir Francis Scotts Commission to be Master of work per Saltum

Anent the petition given in and presented to the Lords of her Majesties privie Councill by Sir Francis Scott of Thirlstane, Shewing that wher her Majestie hes been graciously pleased to grant the petitioner ane Commission to be Master of works within the Kingdome, which Commission wants the ordinar warrant for passing the great seall per saltum, and their Lordships being in use to Supply the samen in common forme And therfore Creaving to the effect aftermentioned as the said petition bears. The Lords of her Majesties privie Councill having Considered the above petition given in to them by Sir Francis Scott of Thirleston and the samen being read in their presence The saids Lords doe heirby appoynt and ordain the Commission in favours of the petitioner to be master of work to pass the great seall per Saltum, and for that effect Grants warrand to the Director of her Majesties Chancellary and his Deputs for wryting therof, and to the Keepers of the great seall to append the samen therto without passing any other Register or Seall

1. NRS, PC2/28, 298v.

1. NRS, PC2/28, 298v.

Warrant, 7 November 1704, Edinburgh

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Edinburgh the 7th November 1704

D1704/11/21

Warrant

Warrand to the Clerks of Councill to give out the Commission in favours of Megnish to be stewart of Strathren

The Lords of her Majesties privie Councill Doe heirby appoynt and ordain their Clerks to give out the Commission in favours of Adam Drummond of Megnish to be Stewart of Strathren of the Date the twentie eight day of March last bypast and that in respect of ane letter from the Viscount of Dupline to Mr James Graham of Newyoun Shewing His Consent and willingness therto.

Edinburgh the 7th November 1704

D1704/11/21

Warrant

Warrand to the Clerks of Councill to give out the Commission in favours of Megnish to be stewart of Strathren

The Lords of her Majesties privie Councill Doe heirby appoynt and ordain their Clerks to give out the Commission in favours of Adam Drummond of Megnish to be Stewart of Strathren of the Date the twentie eight day of March last bypast and that in respect of ane letter from the Viscount of Dupline to Mr James Graham of Newyoun Shewing His Consent and willingness therto.

1. NRS, PC2/28, 298v.

1. NRS, PC2/28, 298v.

Sederunt, 7 November 1704, Edinburgh

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Edinburgh the 7th November 17041

D1704/11/12

Sederunt

Marquis of Annandale P:C:; Earl of Lauderdale; Earl of Forfar; Lord President of Session; Lord Advocat; Lord Halcraig; Lord Enstruther; Lord Rankeilor; Mr Francis Montgomery; Lord Collingtoun; Lord Stevensone; Lord Carnwath; Lord Provost of Edinburgh

Edinburgh the 7th November 17041

D1704/11/12

Sederunt

Marquis of Annandale P:C:; Earl of Lauderdale; Earl of Forfar; Lord President of Session; Lord Advocat; Lord Halcraig; Lord Enstruther; Lord Rankeilor; Mr Francis Montgomery; Lord Collingtoun; Lord Stevensone; Lord Carnwath; Lord Provost of Edinburgh

1. NRS, PC2/28, 298r.

2. NRS, PC2/28, 298r.

1. NRS, PC2/28, 298r.

2. NRS, PC2/28, 298r.

Procedure: committee formed, 7 November 1704, Edinburgh

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Att Edinburgh the seventh day of November Jaj vijc and [four] years

A1704/11/71

Procedure: committee formed

Committee upon the petition By the Shyre of Elgine anent Justices of the peace

The Lords of her Majesties privy Councill Haveing considerd the petition given into them By James Donaldson merchant in Edinburgh And the samen being read in there presence The saids Lords Doe heirby Nominat and Appoint The Earle of Lauderdale Lord Anstruther, and The Provest of Edinburgh. To be a Committee to consider the forsaid petition And the matter therin represented, And to report the nixt Councill day And declaires any two a Quorum.

Att Edinburgh the seventh day of November Jaj vijc and [four] years

A1704/11/71

Procedure: committee formed

Committee upon the petition By the Shyre of Elgine anent Justices of the peace

The Lords of her Majesties privy Councill Haveing considerd the petition given into them By James Donaldson merchant in Edinburgh And the samen being read in there presence The saids Lords Doe heirby Nominat and Appoint The Earle of Lauderdale Lord Anstruther, and The Provest of Edinburgh. To be a Committee to consider the forsaid petition And the matter therin represented, And to report the nixt Councill day And declaires any two a Quorum.

1. NRS, PC1/53, 284.

1. NRS, PC1/53, 284.

Procedure: committee formed, 7 November 1704, Edinburgh

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Att Edinburgh the seventh day of November Jaj vijc and [four] years

A1704/11/61

Procedure: committee formed

Committee anent the false Coyn and Coyners at Drumfreis

The Lords of her Majesties privie Councill Doe heirby Nominat and Appoint, The Earle of Lauderdale Lord Advocat and Mr Francis Montgomery To be a Committee to consider the Letter sent by the Magistrats of Drumfreis to the Lord president of privie Councill Togither with the Information Given by the saids Magistrats Anent the false Coyne and Coyners Discovered and found out ther And Recommends to the said Committee to meett to morrow at Tuelve of the Clock in the Midday And declaires any two a Quorum And to report.

Att Edinburgh the seventh day of November Jaj vijc and [four] years

A1704/11/61

Procedure: committee formed

Committee anent the false Coyn and Coyners at Drumfreis

The Lords of her Majesties privie Councill Doe heirby Nominat and Appoint, The Earle of Lauderdale Lord Advocat and Mr Francis Montgomery To be a Committee to consider the Letter sent by the Magistrats of Drumfreis to the Lord president of privie Councill Togither with the Information Given by the saids Magistrats Anent the false Coyne and Coyners Discovered and found out ther And Recommends to the said Committee to meett to morrow at Tuelve of the Clock in the Midday And declaires any two a Quorum And to report.

1. NRS, PC1/53, 284.

1. NRS, PC1/53, 284.

Order, 7 November 1704, Edinburgh

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Att Edinburgh the seventh day of November Jaj vijc and [four] years

A1704/11/51

Order

Recommendation to the Theasaury Infavours of Rot Greirson and James Hunter

The Lords of her Majesties privie Councill Doe heirby Recommend Robert Greirson at the Kirk of Taynron and James Huntar in Craigencoen in the said paroch, To the Lords Commissioners of Her Majesties Theasaurie for five Hundred merks As their praemium in apprehending James Innes ane preist. And Recommends to the saids Lords Commissioners of Theasaury To cause present and ready payment be made accordingly.

Att Edinburgh the seventh day of November Jaj vijc and [four] years

A1704/11/51

Order

Recommendation to the Theasaury Infavours of Rot Greirson and James Hunter

The Lords of her Majesties privie Councill Doe heirby Recommend Robert Greirson at the Kirk of Taynron and James Huntar in Craigencoen in the said paroch, To the Lords Commissioners of Her Majesties Theasaurie for five Hundred merks As their praemium in apprehending James Innes ane preist. And Recommends to the saids Lords Commissioners of Theasaury To cause present and ready payment be made accordingly.

1. NRS, PC1/53, 284.

1. NRS, PC1/53, 284.