Tag Archives: 8 December 1702

Act, 8 December 1702, Edinburgh

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Edinburgh the Eight day of December 1702

D1702/12/101

Act

Act Infavours off The Magistrats and Toun Councill off Coupar

Annent The petition given in and presented to the Lords of her Majesties privie Councill By the Magistrats and Toun Councill of Coupar Shewing That wher The petitioners to the number of Eighteen are Conveened at the Instance of James Bethun Doctor of Medicine befoir their Lordships To answer to the Complaint exhibit By him againest us And seeing if they should all be personally present The rule and government of the place must be neglected ther being only Tuenty five of the haill Councill Soe that ther would be noe quorum remaining behind Beside that the Baillies are all cited over and seeing the Complaint will be found very frivolous and that they have given a Commission to Joseph Knox and William Greig Baillies of the said Burgh and William Fleeming Theasurer thereof Three of their oun number To Compear for them befoir their Lordships and that they are ready to fullfill and obtemper what their Lordships shall find just and ordaine in the said matter And therfore Creaving to the effect afftermentioned as the said petition bears The Lords of Her Majesties privie Councill Haveing Considered the above petition given into them be the above Magistrats and Toun Councill of the Burgh of Coupar with ane Commission by the saids Magistrats To Three of their number To Compear for them in the said processes and the samen being read in their presence They Doe heirby allow The Compearance of Joseph Knox and William Greig Baillies and William Fleeming Theasaurer of the said Burgh to satisfie for the haill remanent magistrats and Toun Councill their presence in the said processes The saids Three persones allwayes Enacting themselves that they and ther Constituents shall obtemper and fullfill the sentance of Councill to follow theron.

Edinburgh the Eight day of December 1702

D1702/12/101

Act

Act Infavours off The Magistrats and Toun Councill off Coupar

Annent The petition given in and presented to the Lords of her Majesties privie Councill By the Magistrats and Toun Councill of Coupar Shewing That wher The petitioners to the number of Eighteen are Conveened at the Instance of James Bethun Doctor of Medicine befoir their Lordships To answer to the Complaint exhibit By him againest us And seeing if they should all be personally present The rule and government of the place must be neglected ther being only Tuenty five of the haill Councill Soe that ther would be noe quorum remaining behind Beside that the Baillies are all cited over and seeing the Complaint will be found very frivolous and that they have given a Commission to Joseph Knox and William Greig Baillies of the said Burgh and William Fleeming Theasurer thereof Three of their oun number To Compear for them befoir their Lordships and that they are ready to fullfill and obtemper what their Lordships shall find just and ordaine in the said matter And therfore Creaving to the effect afftermentioned as the said petition bears The Lords of Her Majesties privie Councill Haveing Considered the above petition given into them be the above Magistrats and Toun Councill of the Burgh of Coupar with ane Commission by the saids Magistrats To Three of their number To Compear for them in the said processes and the samen being read in their presence They Doe heirby allow The Compearance of Joseph Knox and William Greig Baillies and William Fleeming Theasaurer of the said Burgh to satisfie for the haill remanent magistrats and Toun Councill their presence in the said processes The saids Three persones allwayes Enacting themselves that they and ther Constituents shall obtemper and fullfill the sentance of Councill to follow theron.

1. NRS, PC2/28, 235r.

1. NRS, PC2/28, 235r.

Decreet, 8 December 1702, Edinburgh

Posted on by

Edinburgh the Eight day of December 1702

D1702/12/91

Decreet

Decreit the Lord Montgomry Against McTaggart

Annent The Lyble or Letters of Complaint Raised and persewed Befoir the Lords of Her Majesties privie Councill att the Instance of Alexander Lord Mongromry now Earle of Eglintoun present provest of the Burgh of Irving For himself and in name of the magistrats Councill and Community therof With Concourse of Sir James Steuart Her Majesties Advocat for Her highness intrest in the matter underwrittin Mentioning That wher By the Laws of this and all other well governed realms The Magistracie and Councills of Burrowes Royall ought To be setled and mentained For the good Government therof and to Decide all matters of wrong or unlaw within the same and that all muttinies oppositiones or withdraweings to the discurradgeing or weakning therof ought to be repressed And the authors fomenters and abbetters of the same sevearly punished Nevertheless It is of verity That the Burgh of Irveing Being ane antient Royall Burgh And haveing provest, Baillies, and Councill Laufully authorized For the Government therof according to which constitution and knowen sett of the Burgh Seventeen persones Wherof the plurality The Quorum make up the Councill of the same and a certain day is prefixt about the tyme of Michaelmess yearly for electing of a new toune Councill Which happened to be in this present year The Tuenty Fyfth off september Last and was accordingly duely intimat upon which day at ringing of the Bell in the usuall manner Mr Alexander Cunynghame ther Provest Came to attend the Councill for the said Election as knoweing the dyet to be peremptory And in his way finding William Mctaggart Dean of Gild of the said Burgh, and William Thomson shoe maker ther boeth Councellors He Desired them to goe along with him for makeing of the said Election and accordingly the said William Thomson came the length of the Tolbuith stair And after he had advanced the first step The said William Mctaggert in a most insolent undutifull and indiscreet manner Came up and took the said William Thomson by the arme and pulled him back Crying out that he would be the most infamous persone one earth if he went to that meeting Wherupon the Provest Haveing called the Clerk and protested against the said William Mctaggert And haveing requyred him to attend the said meeting The said William not only refused himself to be present But dealt with the said William Thomson to withdraw and by himself and his accomplices hurried him from place to place untill at length they brought him to the house of Mosses Crafourd wher the said William McTaggart and his associats affternamed inclosed themselves and him in a roome and loocked the doors and in the mean tyme The said provest Haveing proceeded to cause call publictly and seaverall tymes upon the whole remanent Councellors To Conveen and keep the meeting Bot non appearing save Eight that wer already meet in the Councill house with James Nisbet a late Baillie of the said Burgh and voted to be ane assessor and assistant in the said Election The Provest took a new protest and then a litle after for super abundance He went in persone to the house wher the said William McTaggart and John Thomson William Broun, John Caldwell, and Samwell Duncan all toun Councellors had shut up themselves and the said William Thomson and the provest after seaverall knocks at the door requyred them all to open the door and to goe and attend the Toun Councill for the said Election at least that they should allow the said William Thomson whom they forcibly detained his freedome to come out But all of them refused Wherupon the Provest againe protested and took Instruments againest them as acting Elegally and unwarrantably and conterar to their duty and alledgence to the Burgh And then returning to the Toun Councell house and againe causeing call publictly the absent Councellors He of new took Instruments upon their Disobediance and Contempt as the said Instruments put in the Clerk of privie Councills hands will testefie Wherupon and after the forsaid and out most dilligence the Provest and these with him With a proxie for John Marshall absent whose mandat was produced and the said assessor whom they hade assumed makeing Ten in all To preserve the previlidge and government of the Burgh proceeded to Elect and Choyse Alexander Lord Montgomry, Mr Alexander Cunynghame, Mr William Cunynghame, William Stivenson, John Marshall, George Monro, Alexander Dyet, William McTaggart, John Thomson late Baillie, John Thomson Candlemaker, John Thomson Cordiner, William Davidson, Andrew Henderson, William Martain, Robert Huistie, John Calderwood, William Caldwell to be Councellors for the ensueing year, and upon the subsequent ordinar dyets. These elected and choysed the saids Alexander Lord Montgomrie provest William Stivenson, and John Marishall Baillies, George Monro Dean of Gild, and Robert Huistie Theasurer, and the it were to be the Councellor’s Who are certainly Boeth Laufullie and necessarly Elected And Therfor The saids Alexander Lord Montgomrie provest, William Stivenson, and John Marishall Baillies, George Monro Dean of Gild, and Robert Huistie Theasurer and Mr Alexander and Mr William Cunynghames, John Calderwood, Alexander Dyet, William Martain, William Davidson, and William Caldwell Councellors, Haveing accepted and being qualefied as they are according to Law ought to be accknowledged for such boeth by the remanent officers and Councellors and Community off the said burgh Notwithstanding wherof The saids Mr McTaggart and John Thomson late Baillies, John Thomson Candlemaker, and John Thomson shoe maker, and Androw Henderson who wer elected Councellors and have not accepted or qualefied themselves, Doe still contumaciously refuise to Concurr with and assist the forsaid Magistrats and Toun Councill as in duety they ought to doe And therby not only give well example But endevour to Stirr up faction and direction in the said Burgh to the great hinderance of the Government, Disturbance of the Community and prejudice of the Commone good therof By all which It is evident how necessary It is That the saids Lords of Her Majesties privie Councill To whom the oversight, Cair, direction, and policie of the Burghs royall pertaines to take the premisses to ther Consideration and not only to find Laufull and approve the forsaid electione with the preceedings of the Elections in the premisses Bot also ordaine and Decerne the forsaids other persones viz William McTaggart and John Thomson Baillies, John Thomson Candlemaker, John Thomson shoemaker and Andrew Henderson To attend and Concurr according to ther duety with Certefication That otherwayes ther places shall be Declaired vaccant and otherwayes appoynted by the saids magistrats and Toun Councill authorized by the Lords off her Majesties privie Councill to fill the same and Farder the saids persones viz William McTaggart, John Thomson late Baillies, John Thomson Candlemaker, John Thomsone shoemaker, Andrew Henderson, William Broun, Samwell Duncan, and John Caldwall mutinous and Contumacious as said is ought to be punished in persones and goods For ther said Contumacie and Faction’s withdrawing and for ther violent hurreing away and detaining the abovenamed William Thomson And also Decerned in large expensses and Coast skaith and Damnadge as the saids Lords of Her Majesties privy Councill shall think fit to the example and terror of others To Committ the lyke in tyme coming And annent The Chairge given to the saids Defenders To have Compeired personally Befoir the Lords of Her Majesties privie Councill at ane certain day now bygone To have answered to the grounds off the forsaid Complaint And to have heard and seen such order and Course taken therannent as appertaines As the said Lyble or Letters of Complaint with the Executiones therof at more length proports and annent The answers made and given in for William McTaggart Dean of Gild of Irvine, John Thomson late Baillie there, John Thomson Candlemaker there, John Thomsone shoemaker, and Andrew Henderson for themselves and in name and behalfe of the Communitie off the said Burgh To the Councill Complaint raised in name of My Lord Montgomrie Mr Alexander Cunynghame late provest hes for many years Inhanced the Majority of the Magistracie and Toun Councill off this poor Burgh Infavours of himself and his dependants By which manadgement It becomes impracticable to call him to ane effectuall accompt for the publict good disposed off by him particularly for the merk per Boll of malt allowed by act of Parliament towards payment of Debts or the benefit which was was2 accressed to the Toun through publict Tacks wher ther name hes been used etc and in the mean tyme ther debt is growen about Ten Thousand merks more when it was when he and his brother began to get themselves made provests time about Hereupon the Nighbourhood of the Community Did groan under the sense of these abuses Besides seaverall other rigors and irregularities Committed By him in the place, and because they Could not conveniently (at this last Michaelmess Election) get access to express ther sentiments by word of mouth, They expressed ther mind in ane address to the Toun Councill humbly Creaving That Mr Alexander his brother and Baillie Stivenson might not be Choysen upon the grounds above represented Notwithstanding wherof Mr Alexander Cunynghame gits togither seven with himself makeing in all about Eight of the Councill (Which is not aquorum since the sett requyres nyn as being the major pairt of Seventeen) and proceeds to make ane Election of a new Councill of Magistrats Which could not be supported by a pretended proxie for the Nynth seeing ther was noe quorum off Councill to legittimat that proxie The new Magistracie wer proceeding to prosecut such persones in the Toun as could not oun the legality of that Election Wherupon It was necessary for the defenders To raise Advocation of such proceedings befoir the Lords of Session For as Her Majesties privie Councill was not then sitting soe ther is noe form or style of Advocation Befoir the Councill and the Inhabitants wer not obleidged to suffer Decreits to pass Which besydes the Execution by poynding, Imprisonment Tearing of ther Burges The quits etc Which might be summarly used theron ther is need of Caution in Suspensiones The affair thus falling Befoir the Lords of Session in Considering the reasones of Advocation The Deffenders thought it fit That the whole matter of the Election should be Cognosced by the same Judge and therupon have raised Reduction and Declarator off Nulitie of the Election and Declarator of the priviledges off the Burgh against the present pretended Magistrats and Toun Councill etc This Advocation was intimat and this Declarator and reduction was execute befoir the raising and Execution off any Councill Complaint againest the Defenders and wheras ther is now raised a Councill Complaint in name off my Lord Montgomrie For himself and in behalfe of the pretended Magistrats and Communitie pretending that some of the Defenders withdrew From the Election and others will not attend notwithstanding off there being elected etc And Concluding that the Election shall be Declaired Laufull and the Defenders Decerned to attend and Concurr or otherwise The nomination of other’s Devolved upon those who sitt and to be punished For bygones etc It is answered Primo That the Defenders have the profoundest respect for that noble person in whose name the Lyble is raised as being not only soe illustrious in his familly But lykewayes who have been allwise very nighbourly freinds to the Burgh And as the Inhabitants and Community will allwayes pay the honour to his Lordships which is due to his Charaiters, soe they are most Confident That when his Lordships is rightly informed, he is not capable to own the rapts that have been Committed on their Liberties and Intrests. Tho Mr Alexander Cunynghame to Cover and Colour his oun designes Which he keeps up from his Lordships has presumed to make use off his name But Secundo This whole matter is lis alibi pendens Befoir the Lords of Session anterior to the Dependance off the present Complaint The forsaid Advocation herewith produced Being expressly Lybled upon the nulitie of the Election and Which Advocation they have soe far owned that they have judicially Called for it befoir the Lords of Session and soe have approven therof and Constitut the Lords as Judges to the matter therin contained and the forsaid Reduction and Declarator Calls for production off the Touns wrytts To the effect that the certain priviledges therof may be Declaired and for production off the minut’s and acts concerning the present pretended Magistrats To the effect that the same may be reduced and the Civill rights of the Inhabitants Founded upon express acts off parliament are lybled For that end And as the Lords of Session ther Jurisdiction is unquestionably founded soe it is noe wayes doubted But that the Lords of Her Majesties most honourable privie Councill when they come to know therof By the forsaid Dependance will have the respect that is due therunto and consequentelly either not sustain this Councill proces in regaird of that prejudiciallity or remit the same to the Lords of Session to be summerly Discussed And Therfor the Defenders shall not give any farder trouble to or take up the tyme of Her Majesties most honourable privie Councill in makeing any more particular answers to the speciall matters of fact lybled which in due tyme will be fully Consulted or vindicated The Defenders Doe only informative represent that the forsaid Election can never subsist in Law seeing ther was only Eight Councellors present Wheras by the sett and Constant Custome of the Burgh Nyne is aquorum And here Even by the Lyble it self It is accknowledged that Eight only wer present and the Nynth only supplied by the proxie of one absent Councellor Which proxie Could not be receaved in Councill Except ther had been a full quorum this being a judiciall act to receave and allow of a proxie The Councill of the Burgh being alwayes in use to sustain proces or not as they thought fit Besides that the proxie Being blank it was null seeing it ought to be filled up by any other But this being only informative represented The defence to the Lyble is the Depending Advocation and Declarator Befoir the Lords of Session abovementioned As the said answers bears Which Lyble Being upon the first day of December Called in presence of the Lords of Her Majesties privie Councill and the persewar Compeiring personally with Sir James Steuart her Majesties Advocat and Mr John Fergusson his Advocats And the Defenders Compeiring alsoe personally at the Barr as marked in the roll with Sir Walter Pringall, Mr Robert Steuart, Mr Francis Grant ther procurators And the Lyble with the answers therto being read, And boeth pairtes procurators Being fully heard at the Barr The Councill admits the Lyble to the point of fact of the ryot lybled and noe farder to probation And the witnesses Being Called in Did make faith as marked in the Roll The Councill Nominates and appoints The Earls of Lauderdale, Loudoun, and Forfar, The Lords Register and the Lord Halcraig To be a Committee to settle and aggree pairtes and in caice they cannot aggree to Examine the witnesses and Recommends to the said Committee to meet to morrow And Declaires any tuo aquorum And reserves all objectiones against the witnesses to be proponed and Discust Befoir the said Committee Conforme wherunto the said Committee haveing meet They made and Gave in the report Wherof the Tenner followes Edinburgh 2d December 17023 Committee for settling and aggreeing My Lord Montgomrie and William McTaggart Dean of Gild of Irving and others And For Examining the witnesses adduced by my Lord Sederunt the Earle of Lauderdale, Earle of Loudoun, Lord Register and Lord Halcraig The Earle of Lauderdale Elected preses The said day The Committee of privie Councill Haveing meet in obedience4 To ane ordinance and recommendation of privie Councill of the date The first Day of December Instant for settling and aggreeing Alexander Lord Montgomrie Lord Provest of Irving and William McTaggart Dean of Gild ther and others And boeth pairtes Haveing Compeired The Committee, Did freely and volentarly Referr them selves to the Committee To be determined by ther Lordships In every thing in debeat betuixt them And boeth pairtes being removed It is the Committees opinion That the Election made at Michaelmess last of the Magistracie of the Burgh of Irving should be ratefied And that the Lord Montgomrie Should give his assistance in Discovering and Finding out if any persones Who have been upon the manadgement or in the Government of the said burgh and have Imbazled or Misapplied the Commone good therof and in prosecuting such malversers The Expensses infinding out and prosecuting the samen being allwayes out of the Touns common good and patrimony And it is Lykewayes The Committees opinion That the proces hinc inde boeth befoir the Councill and the Lords of Session should Cease and be desisted And that the Lords of her Majesties privie Councill should interpon ther authoritie and that off Consent of boeth pairtes There should be a Decreit of Councell In the above termes To which boeth pairtes being called in aggreed and accquiesced Sic Subscribitur Lauderdale The Lords of Her Majesties privie Councill Haveing this day Considered the above report in the proces Betuixt Alexander Lord Montgomrie now Earle of Eglingtoun and William McTaggart Dean of Gild of Irving and others made and given into them By the Committee appointed in the said proces for settling and aggreeing pairtes And the samen being read in ther presence The saids Lords of Her Majesties privie Councill Have approven and heirby approves therof And ordaines Decreit of Councill To pass theron and be Extracted accordingly.

Edinburgh the Eight day of December 1702

D1702/12/91

Decreet

Decreit the Lord Montgomry Against McTaggart

Annent The Lyble or Letters of Complaint Raised and persewed Befoir the Lords of Her Majesties privie Councill att the Instance of Alexander Lord Mongromry now Earle of Eglintoun present provest of the Burgh of Irving For himself and in name of the magistrats Councill and Community therof With Concourse of Sir James Steuart Her Majesties Advocat for Her highness intrest in the matter underwrittin Mentioning That wher By the Laws of this and all other well governed realms The Magistracie and Councills of Burrowes Royall ought To be setled and mentained For the good Government therof and to Decide all matters of wrong or unlaw within the same and that all muttinies oppositiones or withdraweings to the discurradgeing or weakning therof ought to be repressed And the authors fomenters and abbetters of the same sevearly punished Nevertheless It is of verity That the Burgh of Irveing Being ane antient Royall Burgh And haveing provest, Baillies, and Councill Laufully authorized For the Government therof according to which constitution and knowen sett of the Burgh Seventeen persones Wherof the plurality The Quorum make up the Councill of the same and a certain day is prefixt about the tyme of Michaelmess yearly for electing of a new toune Councill Which happened to be in this present year The Tuenty Fyfth off september Last and was accordingly duely intimat upon which day at ringing of the Bell in the usuall manner Mr Alexander Cunynghame ther Provest Came to attend the Councill for the said Election as knoweing the dyet to be peremptory And in his way finding William Mctaggart Dean of Gild of the said Burgh, and William Thomson shoe maker ther boeth Councellors He Desired them to goe along with him for makeing of the said Election and accordingly the said William Thomson came the length of the Tolbuith stair And after he had advanced the first step The said William Mctaggert in a most insolent undutifull and indiscreet manner Came up and took the said William Thomson by the arme and pulled him back Crying out that he would be the most infamous persone one earth if he went to that meeting Wherupon the Provest Haveing called the Clerk and protested against the said William Mctaggert And haveing requyred him to attend the said meeting The said William not only refused himself to be present But dealt with the said William Thomson to withdraw and by himself and his accomplices hurried him from place to place untill at length they brought him to the house of Mosses Crafourd wher the said William McTaggart and his associats affternamed inclosed themselves and him in a roome and loocked the doors and in the mean tyme The said provest Haveing proceeded to cause call publictly and seaverall tymes upon the whole remanent Councellors To Conveen and keep the meeting Bot non appearing save Eight that wer already meet in the Councill house with James Nisbet a late Baillie of the said Burgh and voted to be ane assessor and assistant in the said Election The Provest took a new protest and then a litle after for super abundance He went in persone to the house wher the said William McTaggart and John Thomson William Broun, John Caldwell, and Samwell Duncan all toun Councellors had shut up themselves and the said William Thomson and the provest after seaverall knocks at the door requyred them all to open the door and to goe and attend the Toun Councill for the said Election at least that they should allow the said William Thomson whom they forcibly detained his freedome to come out But all of them refused Wherupon the Provest againe protested and took Instruments againest them as acting Elegally and unwarrantably and conterar to their duty and alledgence to the Burgh And then returning to the Toun Councell house and againe causeing call publictly the absent Councellors He of new took Instruments upon their Disobediance and Contempt as the said Instruments put in the Clerk of privie Councills hands will testefie Wherupon and after the forsaid and out most dilligence the Provest and these with him With a proxie for John Marshall absent whose mandat was produced and the said assessor whom they hade assumed makeing Ten in all To preserve the previlidge and government of the Burgh proceeded to Elect and Choyse Alexander Lord Montgomry, Mr Alexander Cunynghame, Mr William Cunynghame, William Stivenson, John Marshall, George Monro, Alexander Dyet, William McTaggart, John Thomson late Baillie, John Thomson Candlemaker, John Thomson Cordiner, William Davidson, Andrew Henderson, William Martain, Robert Huistie, John Calderwood, William Caldwell to be Councellors for the ensueing year, and upon the subsequent ordinar dyets. These elected and choysed the saids Alexander Lord Montgomrie provest William Stivenson, and John Marishall Baillies, George Monro Dean of Gild, and Robert Huistie Theasurer, and the it were to be the Councellor’s Who are certainly Boeth Laufullie and necessarly Elected And Therfor The saids Alexander Lord Montgomrie provest, William Stivenson, and John Marishall Baillies, George Monro Dean of Gild, and Robert Huistie Theasurer and Mr Alexander and Mr William Cunynghames, John Calderwood, Alexander Dyet, William Martain, William Davidson, and William Caldwell Councellors, Haveing accepted and being qualefied as they are according to Law ought to be accknowledged for such boeth by the remanent officers and Councellors and Community off the said burgh Notwithstanding wherof The saids Mr McTaggart and John Thomson late Baillies, John Thomson Candlemaker, and John Thomson shoe maker, and Androw Henderson who wer elected Councellors and have not accepted or qualefied themselves, Doe still contumaciously refuise to Concurr with and assist the forsaid Magistrats and Toun Councill as in duety they ought to doe And therby not only give well example But endevour to Stirr up faction and direction in the said Burgh to the great hinderance of the Government, Disturbance of the Community and prejudice of the Commone good therof By all which It is evident how necessary It is That the saids Lords of Her Majesties privie Councill To whom the oversight, Cair, direction, and policie of the Burghs royall pertaines to take the premisses to ther Consideration and not only to find Laufull and approve the forsaid electione with the preceedings of the Elections in the premisses Bot also ordaine and Decerne the forsaids other persones viz William McTaggart and John Thomson Baillies, John Thomson Candlemaker, John Thomson shoemaker and Andrew Henderson To attend and Concurr according to ther duety with Certefication That otherwayes ther places shall be Declaired vaccant and otherwayes appoynted by the saids magistrats and Toun Councill authorized by the Lords off her Majesties privie Councill to fill the same and Farder the saids persones viz William McTaggart, John Thomson late Baillies, John Thomson Candlemaker, John Thomsone shoemaker, Andrew Henderson, William Broun, Samwell Duncan, and John Caldwall mutinous and Contumacious as said is ought to be punished in persones and goods For ther said Contumacie and Faction’s withdrawing and for ther violent hurreing away and detaining the abovenamed William Thomson And also Decerned in large expensses and Coast skaith and Damnadge as the saids Lords of Her Majesties privy Councill shall think fit to the example and terror of others To Committ the lyke in tyme coming And annent The Chairge given to the saids Defenders To have Compeired personally Befoir the Lords of Her Majesties privie Councill at ane certain day now bygone To have answered to the grounds off the forsaid Complaint And to have heard and seen such order and Course taken therannent as appertaines As the said Lyble or Letters of Complaint with the Executiones therof at more length proports and annent The answers made and given in for William McTaggart Dean of Gild of Irvine, John Thomson late Baillie there, John Thomson Candlemaker there, John Thomsone shoemaker, and Andrew Henderson for themselves and in name and behalfe of the Communitie off the said Burgh To the Councill Complaint raised in name of My Lord Montgomrie Mr Alexander Cunynghame late provest hes for many years Inhanced the Majority of the Magistracie and Toun Councill off this poor Burgh Infavours of himself and his dependants By which manadgement It becomes impracticable to call him to ane effectuall accompt for the publict good disposed off by him particularly for the merk per Boll of malt allowed by act of Parliament towards payment of Debts or the benefit which was was2 accressed to the Toun through publict Tacks wher ther name hes been used etc and in the mean tyme ther debt is growen about Ten Thousand merks more when it was when he and his brother began to get themselves made provests time about Hereupon the Nighbourhood of the Community Did groan under the sense of these abuses Besides seaverall other rigors and irregularities Committed By him in the place, and because they Could not conveniently (at this last Michaelmess Election) get access to express ther sentiments by word of mouth, They expressed ther mind in ane address to the Toun Councill humbly Creaving That Mr Alexander his brother and Baillie Stivenson might not be Choysen upon the grounds above represented Notwithstanding wherof Mr Alexander Cunynghame gits togither seven with himself makeing in all about Eight of the Councill (Which is not aquorum since the sett requyres nyn as being the major pairt of Seventeen) and proceeds to make ane Election of a new Councill of Magistrats Which could not be supported by a pretended proxie for the Nynth seeing ther was noe quorum off Councill to legittimat that proxie The new Magistracie wer proceeding to prosecut such persones in the Toun as could not oun the legality of that Election Wherupon It was necessary for the defenders To raise Advocation of such proceedings befoir the Lords of Session For as Her Majesties privie Councill was not then sitting soe ther is noe form or style of Advocation Befoir the Councill and the Inhabitants wer not obleidged to suffer Decreits to pass Which besydes the Execution by poynding, Imprisonment Tearing of ther Burges The quits etc Which might be summarly used theron ther is need of Caution in Suspensiones The affair thus falling Befoir the Lords of Session in Considering the reasones of Advocation The Deffenders thought it fit That the whole matter of the Election should be Cognosced by the same Judge and therupon have raised Reduction and Declarator off Nulitie of the Election and Declarator of the priviledges off the Burgh against the present pretended Magistrats and Toun Councill etc This Advocation was intimat and this Declarator and reduction was execute befoir the raising and Execution off any Councill Complaint againest the Defenders and wheras ther is now raised a Councill Complaint in name off my Lord Montgomrie For himself and in behalfe of the pretended Magistrats and Communitie pretending that some of the Defenders withdrew From the Election and others will not attend notwithstanding off there being elected etc And Concluding that the Election shall be Declaired Laufull and the Defenders Decerned to attend and Concurr or otherwise The nomination of other’s Devolved upon those who sitt and to be punished For bygones etc It is answered Primo That the Defenders have the profoundest respect for that noble person in whose name the Lyble is raised as being not only soe illustrious in his familly But lykewayes who have been allwise very nighbourly freinds to the Burgh And as the Inhabitants and Community will allwayes pay the honour to his Lordships which is due to his Charaiters, soe they are most Confident That when his Lordships is rightly informed, he is not capable to own the rapts that have been Committed on their Liberties and Intrests. Tho Mr Alexander Cunynghame to Cover and Colour his oun designes Which he keeps up from his Lordships has presumed to make use off his name But Secundo This whole matter is lis alibi pendens Befoir the Lords of Session anterior to the Dependance off the present Complaint The forsaid Advocation herewith produced Being expressly Lybled upon the nulitie of the Election and Which Advocation they have soe far owned that they have judicially Called for it befoir the Lords of Session and soe have approven therof and Constitut the Lords as Judges to the matter therin contained and the forsaid Reduction and Declarator Calls for production off the Touns wrytts To the effect that the certain priviledges therof may be Declaired and for production off the minut’s and acts concerning the present pretended Magistrats To the effect that the same may be reduced and the Civill rights of the Inhabitants Founded upon express acts off parliament are lybled For that end And as the Lords of Session ther Jurisdiction is unquestionably founded soe it is noe wayes doubted But that the Lords of Her Majesties most honourable privie Councill when they come to know therof By the forsaid Dependance will have the respect that is due therunto and consequentelly either not sustain this Councill proces in regaird of that prejudiciallity or remit the same to the Lords of Session to be summerly Discussed And Therfor the Defenders shall not give any farder trouble to or take up the tyme of Her Majesties most honourable privie Councill in makeing any more particular answers to the speciall matters of fact lybled which in due tyme will be fully Consulted or vindicated The Defenders Doe only informative represent that the forsaid Election can never subsist in Law seeing ther was only Eight Councellors present Wheras by the sett and Constant Custome of the Burgh Nyne is aquorum And here Even by the Lyble it self It is accknowledged that Eight only wer present and the Nynth only supplied by the proxie of one absent Councellor Which proxie Could not be receaved in Councill Except ther had been a full quorum this being a judiciall act to receave and allow of a proxie The Councill of the Burgh being alwayes in use to sustain proces or not as they thought fit Besides that the proxie Being blank it was null seeing it ought to be filled up by any other But this being only informative represented The defence to the Lyble is the Depending Advocation and Declarator Befoir the Lords of Session abovementioned As the said answers bears Which Lyble Being upon the first day of December Called in presence of the Lords of Her Majesties privie Councill and the persewar Compeiring personally with Sir James Steuart her Majesties Advocat and Mr John Fergusson his Advocats And the Defenders Compeiring alsoe personally at the Barr as marked in the roll with Sir Walter Pringall, Mr Robert Steuart, Mr Francis Grant ther procurators And the Lyble with the answers therto being read, And boeth pairtes procurators Being fully heard at the Barr The Councill admits the Lyble to the point of fact of the ryot lybled and noe farder to probation And the witnesses Being Called in Did make faith as marked in the Roll The Councill Nominates and appoints The Earls of Lauderdale, Loudoun, and Forfar, The Lords Register and the Lord Halcraig To be a Committee to settle and aggree pairtes and in caice they cannot aggree to Examine the witnesses and Recommends to the said Committee to meet to morrow And Declaires any tuo aquorum And reserves all objectiones against the witnesses to be proponed and Discust Befoir the said Committee Conforme wherunto the said Committee haveing meet They made and Gave in the report Wherof the Tenner followes Edinburgh 2d December 17023 Committee for settling and aggreeing My Lord Montgomrie and William McTaggart Dean of Gild of Irving and others And For Examining the witnesses adduced by my Lord Sederunt the Earle of Lauderdale, Earle of Loudoun, Lord Register and Lord Halcraig The Earle of Lauderdale Elected preses The said day The Committee of privie Councill Haveing meet in obedience4 To ane ordinance and recommendation of privie Councill of the date The first Day of December Instant for settling and aggreeing Alexander Lord Montgomrie Lord Provest of Irving and William McTaggart Dean of Gild ther and others And boeth pairtes Haveing Compeired The Committee, Did freely and volentarly Referr them selves to the Committee To be determined by ther Lordships In every thing in debeat betuixt them And boeth pairtes being removed It is the Committees opinion That the Election made at Michaelmess last of the Magistracie of the Burgh of Irving should be ratefied And that the Lord Montgomrie Should give his assistance in Discovering and Finding out if any persones Who have been upon the manadgement or in the Government of the said burgh and have Imbazled or Misapplied the Commone good therof and in prosecuting such malversers The Expensses infinding out and prosecuting the samen being allwayes out of the Touns common good and patrimony And it is Lykewayes The Committees opinion That the proces hinc inde boeth befoir the Councill and the Lords of Session should Cease and be desisted And that the Lords of her Majesties privie Councill should interpon ther authoritie and that off Consent of boeth pairtes There should be a Decreit of Councell In the above termes To which boeth pairtes being called in aggreed and accquiesced Sic Subscribitur Lauderdale The Lords of Her Majesties privie Councill Haveing this day Considered the above report in the proces Betuixt Alexander Lord Montgomrie now Earle of Eglingtoun and William McTaggart Dean of Gild of Irving and others made and given into them By the Committee appointed in the said proces for settling and aggreeing pairtes And the samen being read in ther presence The saids Lords of Her Majesties privie Councill Have approven and heirby approves therof And ordaines Decreit of Councill To pass theron and be Extracted accordingly.

1. NRS, PC2/28, 231r-235r.

2. Sic.

3. The words ‘Edinburgh 2d December 1702′ are an insertion.

4. The words ‘in obedience’ are an insertion.

1. NRS, PC2/28, 231r-235r.

2. Sic.

3. The words ‘Edinburgh 2d December 1702′ are an insertion.

4. The words ‘in obedience’ are an insertion.

Sederunt, 8 December 1702, Edinburgh

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Edinburgh the Eight day of December 17021

D1702/12/82

Sederunt

Earl of Melvill P:C:; Earl of Buchan; Earl of Eglintoun; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Forfar; Lord Register; Lord Advocat; Lord Aberuchill; Lord Halcraig; Lord Crossrigg; Lord Rankeillor; Mr Francis Montgomery; Lord Provost of Edinburgh; Laird of Meggens

Edinburgh the Eight day of December 17021

D1702/12/82

Sederunt

Earl of Melvill P:C:; Earl of Buchan; Earl of Eglintoun; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Forfar; Lord Register; Lord Advocat; Lord Aberuchill; Lord Halcraig; Lord Crossrigg; Lord Rankeillor; Mr Francis Montgomery; Lord Provost of Edinburgh; Laird of Meggens

1. NRS, PC2/28, 231r.

2. NRS, PC2/28, 231r.

1. NRS, PC2/28, 231r.

2. NRS, PC2/28, 231r.

Decreet, 8 December 1702, Edinburgh

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Att Edinburgh the Eight day of December Jaj viic and two years

A1702/12/171

Decreet

Decreit of Deprivation The Agent for the Kirk and her Majesties Advocat against Mr Robert Caddell intruder at old Aberdeen

Anent the Lybell or Letters raised and pursued before the Lords of her Majesties privy Councill be John Blair agent for the kirk with Concourse of Sir James Stewart her Majesties advocat for her highnes intrest in the matter underwritin Making Mention, That wher by the Sixth act of the fourth Session of the Last parliament Entituled act for takeing the oath of alledgance and assurance It is Statute That all preachers and ministers of the Gospell whatsomever doe Swear the Oath of alledgance; and that they Subscrybe the Same with the assurance Sett doun in the said act; Certifieing that all Ministers provided to kirks and not Swearing and Subscrybing as said is Shall be deprived of their benefices and Stipends; and that preachers not provided to kirks shall be punished by banishment or otherwayes as the saids Lords of privy Councill shall think fitt Likeas by the twenty two act of the fifth session of the said last parliament It is Statute That who ever therafter Should intrude themselves into any Church or possess Manse and Gleib or exercise any part of the Ministeriall function within any parioch without any orderly call from the heritors and eldership and legall admission from the presbytrie of the bounds should be removed and declared incapable of enjoying any Church, Stipend, or benefice for the Space of Seven years therafter; And farder it is Recommended to the Saids Lords of privy Councill to remove all such who preceeding the said act Did Since the Establishment of the present Church Government intrude in maner forsaid; Yet Nevertheless It is of verity That Mr Robert Caddell late incumbent at Nenthorne Contrary to the saids acts Hath presumed and continued to sett up a Meetting house in the old toune of Aberdeen of purpose to withdraw the people their from their duty both to God and her Majesties by promoveing of Schisme and devision in that place and keeping people from the publict ordinances; And doeth preach and exercise the other parts of his Ministeriall function without haveing qualified himself conforme to the appointment of the said act by Swearing the Oath of alledgance and Subscrybeing the Samen with the assurance As also he hath intruded himself into the said burgh and meetting house without ane orderly call from the heritors and eldership and legall admission from the presbytrie of the bounds; And as a farder evidence of his disaffectione to the present Government; The said Mr Robert Refused to read and obey the publict proclamationes appointed by Authority for observing Solemn dayes of fastings or thanksgiveings But on the Contrary the Said Mr Robert most maliciously dispised and mocked at the reasones and Causes contained in the Saids proclamationes; And he the said Mr Robert Caddell Still continues in the Said Meetting house infesting and troubling that bounds to the great disqueit of the Setled order and peace of this Church Wherby he hath incurred the Certificationes Contained in the saids acts and proclamationes Conforme to his condition and Character; And these Crymes are the more aggravat That the said Mr Robert was in the year Jaj vic nyntie four Conveened in a process of Treason for disouning and indeavouring to raise rebellion against the late King William From which process he was not assoylzied but only the dyet deserted, which being nottour and certaine, and such as he neither does nor can deny He ought to be punished Conforme to the forsaids acts and proclamations and farder effectually restrained for hereafter from Committing any Such abuses to the example and teror of others to doe the Like in any time comeing And Anent the Chairge given to the Said Mr Robert Caddell defender To have Compeared personally before the saids Lords of privy Councill at a Certaine day now bygone To have answered to what Should be Laid to his Charge in the points of the Said Complaint; And to have heard and seen such order and Course taken theranent as they should find Just As in the said Lybell or Letters of Complaint and executiones thereof at more Length is contained; Which Lybell or Letters being this day Called; And both parties Compearing personally at the bar, and the Lybell with ane acknowledgment under the hand of the said Mr Robert Caddell defender Being all read and both parties heard at the Barr; The saids Lords of her Majesties privy Councill Have Ordained and hereby Ordaines the said Mr Robert Caddell defender to remove himself Twelve myles from Aberdeen and that betwixt and the first day of February nixt to come; And Ordaines his Meetting house their presently to be shutt up; And Ordaines the Magistrates of the said burgh of Aberdeen to See the Samen effectually and orderly done; And that his said meetting house be not opened again for the use forsaid.

Att Edinburgh the Eight day of December Jaj viic and two years

A1702/12/171

Decreet

Decreit of Deprivation The Agent for the Kirk and her Majesties Advocat against Mr Robert Caddell intruder at old Aberdeen

Anent the Lybell or Letters raised and pursued before the Lords of her Majesties privy Councill be John Blair agent for the kirk with Concourse of Sir James Stewart her Majesties advocat for her highnes intrest in the matter underwritin Making Mention, That wher by the Sixth act of the fourth Session of the Last parliament Entituled act for takeing the oath of alledgance and assurance It is Statute That all preachers and ministers of the Gospell whatsomever doe Swear the Oath of alledgance; and that they Subscrybe the Same with the assurance Sett doun in the said act; Certifieing that all Ministers provided to kirks and not Swearing and Subscrybing as said is Shall be deprived of their benefices and Stipends; and that preachers not provided to kirks shall be punished by banishment or otherwayes as the saids Lords of privy Councill shall think fitt Likeas by the twenty two act of the fifth session of the said last parliament It is Statute That who ever therafter Should intrude themselves into any Church or possess Manse and Gleib or exercise any part of the Ministeriall function within any parioch without any orderly call from the heritors and eldership and legall admission from the presbytrie of the bounds should be removed and declared incapable of enjoying any Church, Stipend, or benefice for the Space of Seven years therafter; And farder it is Recommended to the Saids Lords of privy Councill to remove all such who preceeding the said act Did Since the Establishment of the present Church Government intrude in maner forsaid; Yet Nevertheless It is of verity That Mr Robert Caddell late incumbent at Nenthorne Contrary to the saids acts Hath presumed and continued to sett up a Meetting house in the old toune of Aberdeen of purpose to withdraw the people their from their duty both to God and her Majesties by promoveing of Schisme and devision in that place and keeping people from the publict ordinances; And doeth preach and exercise the other parts of his Ministeriall function without haveing qualified himself conforme to the appointment of the said act by Swearing the Oath of alledgance and Subscrybeing the Samen with the assurance As also he hath intruded himself into the said burgh and meetting house without ane orderly call from the heritors and eldership and legall admission from the presbytrie of the bounds; And as a farder evidence of his disaffectione to the present Government; The said Mr Robert Refused to read and obey the publict proclamationes appointed by Authority for observing Solemn dayes of fastings or thanksgiveings But on the Contrary the Said Mr Robert most maliciously dispised and mocked at the reasones and Causes contained in the Saids proclamationes; And he the said Mr Robert Caddell Still continues in the Said Meetting house infesting and troubling that bounds to the great disqueit of the Setled order and peace of this Church Wherby he hath incurred the Certificationes Contained in the saids acts and proclamationes Conforme to his condition and Character; And these Crymes are the more aggravat That the said Mr Robert was in the year Jaj vic nyntie four Conveened in a process of Treason for disouning and indeavouring to raise rebellion against the late King William From which process he was not assoylzied but only the dyet deserted, which being nottour and certaine, and such as he neither does nor can deny He ought to be punished Conforme to the forsaids acts and proclamations and farder effectually restrained for hereafter from Committing any Such abuses to the example and teror of others to doe the Like in any time comeing And Anent the Chairge given to the Said Mr Robert Caddell defender To have Compeared personally before the saids Lords of privy Councill at a Certaine day now bygone To have answered to what Should be Laid to his Charge in the points of the Said Complaint; And to have heard and seen such order and Course taken theranent as they should find Just As in the said Lybell or Letters of Complaint and executiones thereof at more Length is contained; Which Lybell or Letters being this day Called; And both parties Compearing personally at the bar, and the Lybell with ane acknowledgment under the hand of the said Mr Robert Caddell defender Being all read and both parties heard at the Barr; The saids Lords of her Majesties privy Councill Have Ordained and hereby Ordaines the said Mr Robert Caddell defender to remove himself Twelve myles from Aberdeen and that betwixt and the first day of February nixt to come; And Ordaines his Meetting house their presently to be shutt up; And Ordaines the Magistrates of the said burgh of Aberdeen to See the Samen effectually and orderly done; And that his said meetting house be not opened again for the use forsaid.

1. NRS, PC1/52, 476-8.

1. NRS, PC1/52, 476-8.

Procedure, 8 December 1702, Edinburgh

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Att Edinburgh the Eight day of December Jaj viic and two years

A1702/12/161

Procedure

Declaration The Lord Advocat of his Laying asyde all pleadings in privat affairs before the Councill in the termes of her majesties Letter and his Lordships proposall

Followes her Majesties Advocats Declaration; to the Councill
May it Please your Lordships.
It hath pleased her Majestie to accept a proposall That I made as her Majesties advocat to lay my self aside from all privat affairs actiones and pleadings before your Lordships, And to attend only as a pursuer or defender before2 your Lordships what Immediatly regairds her Majesties Service; And by a letter to the Lords of Thesaury to declare her Royall acceptance And grant me ane augmentation of pension on that account dureing her Majesties pleasure; And Therfore I Judge it my duty to intimat this to your Lordships with all Submission and thankfullnes and to Crave that her Majesties Said Letter may be recorded in your Lordships books if your Lordships shall so appoint. Sic Subscribitur James Stewart.

Att Edinburgh the Eight day of December Jaj viic and two years

A1702/12/161

Procedure

Declaration The Lord Advocat of his Laying asyde all pleadings in privat affairs before the Councill in the termes of her majesties Letter and his Lordships proposall

Followes her Majesties Advocats Declaration; to the Councill
May it Please your Lordships.
It hath pleased her Majestie to accept a proposall That I made as her Majesties advocat to lay my self aside from all privat affairs actiones and pleadings before your Lordships, And to attend only as a pursuer or defender before2 your Lordships what Immediatly regairds her Majesties Service; And by a letter to the Lords of Thesaury to declare her Royall acceptance And grant me ane augmentation of pension on that account dureing her Majesties pleasure; And Therfore I Judge it my duty to intimat this to your Lordships with all Submission and thankfullnes and to Crave that her Majesties Said Letter may be recorded in your Lordships books if your Lordships shall so appoint. Sic Subscribitur James Stewart.

1. NRS, PC1/52, 476.

2. Two illegible words scored out here.

1. NRS, PC1/52, 476.

2. Two illegible words scored out here.

Letter: from the Council, 8 December 1702, Edinburgh

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Att Edinburgh the Eight day of December Jaj viic and two years

A1702/12/151

Letter: from the Council

Letter to the Thesaury In favors of her Majesties advocat

Followes the Extract of the forsaid Letter to the Thesaury In favors of the Lord Advocat

Att Edinburgh the 24 September 1702 years Her Majesties Letter underwrittin direct to the Lords Commissioners of her2 Majesties Thesaury was presented and Read and ordained to be Recorded in their Lordships books wherof the Tenor followes; Sic Supra Scribitur Anne Regina Right trustie and right weell beloved, Cousine and Councillor; Right trustie and intirely beloved Cousins and Councillors; Right trustie and well beloved Cousine and Councillor And trustie and well beloved Councillors Wee Greet yow well; Wee have Considered the proposall made by our trustie and well beloved Councillor Sir James Stewart our Advocat and transmitted and Recommended by yow to us; And Judging the Same very reasonable Wee doe therfore authorize and requyre yow To pay or Cause be payed out of the first and readiest of our rents revenues or other Casualities whatsoever of that our Kingdom To the said Sir James Stewart or order the Soume of Two hundred pounds Sterling yearly at two termes in the year Whitsunday and Martinmass Begining the first termes payment at Martinmass nixt; And so to Continue till these presents are Recalled by us. He laying himself aside from all privat affairs; actiones and pleadings before our privy Councill; And attending only before these Courts what Immediatly regards our Service in the termes of his proposall. For doeing wherof this Shall be your warrant; And so wee bid yow heartily fareweell Given at our Court at Windseor Castle the Twenty fifth day of August Jaj viic and two and of our reigne the first year. By her Majesties Command Sic Subscribitur Queensberry Extractum de Libris Thesaurarii per Me Sic Subscribitur Thomas Moncreiff.

Att Edinburgh the Eight day of December Jaj viic and two years

A1702/12/151

Letter: from the Council

Letter to the Thesaury In favors of her Majesties advocat

Followes the Extract of the forsaid Letter to the Thesaury In favors of the Lord Advocat

Att Edinburgh the 24 September 1702 years Her Majesties Letter underwrittin direct to the Lords Commissioners of her2 Majesties Thesaury was presented and Read and ordained to be Recorded in their Lordships books wherof the Tenor followes; Sic Supra Scribitur Anne Regina Right trustie and right weell beloved, Cousine and Councillor; Right trustie and intirely beloved Cousins and Councillors; Right trustie and well beloved Cousine and Councillor And trustie and well beloved Councillors Wee Greet yow well; Wee have Considered the proposall made by our trustie and well beloved Councillor Sir James Stewart our Advocat and transmitted and Recommended by yow to us; And Judging the Same very reasonable Wee doe therfore authorize and requyre yow To pay or Cause be payed out of the first and readiest of our rents revenues or other Casualities whatsoever of that our Kingdom To the said Sir James Stewart or order the Soume of Two hundred pounds Sterling yearly at two termes in the year Whitsunday and Martinmass Begining the first termes payment at Martinmass nixt; And so to Continue till these presents are Recalled by us. He laying himself aside from all privat affairs; actiones and pleadings before our privy Councill; And attending only before these Courts what Immediatly regards our Service in the termes of his proposall. For doeing wherof this Shall be your warrant; And so wee bid yow heartily fareweell Given at our Court at Windseor Castle the Twenty fifth day of August Jaj viic and two and of our reigne the first year. By her Majesties Command Sic Subscribitur Queensberry Extractum de Libris Thesaurarii per Me Sic Subscribitur Thomas Moncreiff.

1. NRS, PC1/52, 475-6.

2. The word ‘highnes’ scored out here.

1. NRS, PC1/52, 475-6.

2. The word ‘highnes’ scored out here.

Warrant, 8 December 1702, Edinburgh

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Att Edinburgh the Eight day of December Jaj viic and two years

A1702/12/141

Warrant

Warant for Recording the Extract of her Majesties Letter to the Thesaury In favors of the Lord Advocat with his Declaration theranent

Ther being ane extract of ane letter from the Queens Majestie to the Lords of Thesaury under the hand of Sir Thomas Moncreef Clerk therof For payment yearly to Sir James Stewart her Majesties Advocat of the Soume of Two hundred pounds Sterling In Consideration of his haveing Laid himself aside from all privat affairs actiones and pleadings before the Councill; And the samen with the said Lord Advocats Declaration being Read the Councill appoints the Samen Extract under the hands of Sir Thomas Moncreif with the declaration forsaid to be Recorded in the books of privy Councill; And Declares the extract to be a sufficient Warrant to their Clerks for recording therof.

Att Edinburgh the Eight day of December Jaj viic and two years

A1702/12/141

Warrant

Warant for Recording the Extract of her Majesties Letter to the Thesaury In favors of the Lord Advocat with his Declaration theranent

Ther being ane extract of ane letter from the Queens Majestie to the Lords of Thesaury under the hand of Sir Thomas Moncreef Clerk therof For payment yearly to Sir James Stewart her Majesties Advocat of the Soume of Two hundred pounds Sterling In Consideration of his haveing Laid himself aside from all privat affairs actiones and pleadings before the Councill; And the samen with the said Lord Advocats Declaration being Read the Councill appoints the Samen Extract under the hands of Sir Thomas Moncreif with the declaration forsaid to be Recorded in the books of privy Councill; And Declares the extract to be a sufficient Warrant to their Clerks for recording therof.

1. NRS, PC1/52, 475.

1. NRS, PC1/52, 475.

Procedure, 8 December 1702, Edinburgh

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Att Edinburgh the Eight day of December Jaj viic and two years

A1702/12/131

Procedure

Exonoration to Mr David Moncreif as Clerk of privy Councill

The Commity of privy Councill appointed for takeing of Mr David Moncreif late Clerk of privy Councill and James Dalgleish his Servant their oathes That they have non of the Bonds warrands processes Depositiones taken theron or grounds therof Records King or Queens Letters Seall and Cashett of Councill or any keyes belonging to the Councill office Haveing reported in obedience therunto They had called for them and hade taken their oathes therupon As the Samen has testified; The Lords of her Majesties privy Councill haveing Considered their depositiones Doe Therfore Exoner and Discharge the said Mr David Moncreif of the trust he hade as Clerk to the privy Councill; And the said James Dalgleish his Servant.

Att Edinburgh the Eight day of December Jaj viic and two years

A1702/12/131

Procedure

Exonoration to Mr David Moncreif as Clerk of privy Councill

The Commity of privy Councill appointed for takeing of Mr David Moncreif late Clerk of privy Councill and James Dalgleish his Servant their oathes That they have non of the Bonds warrands processes Depositiones taken theron or grounds therof Records King or Queens Letters Seall and Cashett of Councill or any keyes belonging to the Councill office Haveing reported in obedience therunto They had called for them and hade taken their oathes therupon As the Samen has testified; The Lords of her Majesties privy Councill haveing Considered their depositiones Doe Therfore Exoner and Discharge the said Mr David Moncreif of the trust he hade as Clerk to the privy Councill; And the said James Dalgleish his Servant.

1. NRS, PC1/52, 474-5.

1. NRS, PC1/52, 474-5.

Procedure, 8 December 1702, Edinburgh

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Att Edinburgh the Eight day of December Jaj viic and two years

A1702/12/121

Procedure

David Nairn Esquire qualified as Secretary depute

Oath of alledgence Sworne and the Samen with the assurance Signed at Court by David Nairne Esquire as secretary depute In presence of James Duke of Queensberry and George Viscount of Tarbat the two Lord Secretaries of State and of her Majesties privy Councill; Being reported to the Councill They appoint the samen to be recorded.

Att Edinburgh the Eight day of December Jaj viic and two years

A1702/12/121

Procedure

David Nairn Esquire qualified as Secretary depute

Oath of alledgence Sworne and the Samen with the assurance Signed at Court by David Nairne Esquire as secretary depute In presence of James Duke of Queensberry and George Viscount of Tarbat the two Lord Secretaries of State and of her Majesties privy Councill; Being reported to the Councill They appoint the samen to be recorded.

1. NRS, PC1/52, 474.

1. NRS, PC1/52, 474.

Procedure, 8 December 1702, Edinburgh

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Att Edinburgh the Eight day of December Jaj viic and two years

A1702/12/111

Procedure

The Viscount of Tarbat qualified himself as one of the two Secretaries of State.

Oath of alledgence Sworne and the Samen with the assurance Signed at Court by George Viscount of Tarbat as one of the two Lord Secretaries of State before her Majestie In presence of James Duke of Queensberry the other Lord Secretary of State; and one of her Majesties privy Councill being reported to the Councill They appoint the Samen to be recorded.

Att Edinburgh the Eight day of December Jaj viic and two years

A1702/12/111

Procedure

The Viscount of Tarbat qualified himself as one of the two Secretaries of State.

Oath of alledgence Sworne and the Samen with the assurance Signed at Court by George Viscount of Tarbat as one of the two Lord Secretaries of State before her Majestie In presence of James Duke of Queensberry the other Lord Secretary of State; and one of her Majesties privy Councill being reported to the Councill They appoint the Samen to be recorded.

1. NRS, PC1/52, 474.

1. NRS, PC1/52, 474.