Tag Archives: 8 September 1698

Act, 8 September 1698, Edinburgh

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Edinburgh The Eight day of September Jaj vic Nyntie Eight years

D1698/9/41

Act

Act Sir Robert Hamiltone

Anent The Petition given in to the Lords of his Majesties privy Councill by Sir Robert Hamilton of Silvertounehill Shewing That wher the petitioner has the permissione and foreloaf from the Viscount of Teviot Commander in Cheif and the petitioners Superior officers to goe abroad to Holland wher his wife resides about his necessary affairs, and that it is furder necessary to the petitioner to have the saids Lords pass and allowance to goe thither and stay ther untill may nixt for setleing the petitioners bussines And Therfore Humbly Craveing the saids Lords would grant the petitioner a pass to goe into Holland about his necessary affairs bearing the saids Lords Permission and allowance to stay ther till may nixt. The Lords of his majesties privy Councill Haveing Considered this petition given in to them by the above Sir Robert Hamiltone They Doe hereby give their free pass to the petitioner to repair from this to Holland their to remaine in setleing his Lawfull affairs untill the said moneth of may nixt to come and from thence to returne home againe without trouble or molestatione he behaveing himself as a peaceable subject of his Majestie King William.

Edinburgh The Eight day of September Jaj vic Nyntie Eight years

D1698/9/41

Act

Act Sir Robert Hamiltone

Anent The Petition given in to the Lords of his Majesties privy Councill by Sir Robert Hamilton of Silvertounehill Shewing That wher the petitioner has the permissione and foreloaf from the Viscount of Teviot Commander in Cheif and the petitioners Superior officers to goe abroad to Holland wher his wife resides about his necessary affairs, and that it is furder necessary to the petitioner to have the saids Lords pass and allowance to goe thither and stay ther untill may nixt for setleing the petitioners bussines And Therfore Humbly Craveing the saids Lords would grant the petitioner a pass to goe into Holland about his necessary affairs bearing the saids Lords Permission and allowance to stay ther till may nixt. The Lords of his majesties privy Councill Haveing Considered this petition given in to them by the above Sir Robert Hamiltone They Doe hereby give their free pass to the petitioner to repair from this to Holland their to remaine in setleing his Lawfull affairs untill the said moneth of may nixt to come and from thence to returne home againe without trouble or molestatione he behaveing himself as a peaceable subject of his Majestie King William.

1. NRS, PC2/27, 141r.

1. NRS, PC2/27, 141r.

Act, 8 September 1698, Edinburgh

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Edinburgh The Eight day of September Jaj vic Nyntie Eight years

D1698/9/31

Act

Act John Howname Merchant

Anent the petition given in to the Lords of his Majesties privy Councill be John Howname younger Merchant in Langholme Shewing That wher the Supplicant haveing come to Edinburgh last day about his Lawfull affairs and particularly that of Merchandizeing the petitioner was to his great Surprize informed that Sir Patrick Maxwell of Sprinkell and one Langrave keeper of the prison in Carlyle (2be the instigation of John Maxwell of Broomholme a person Nottarly knowen to be dissafected to his Majesties government which he boasts of By keeping on his Long Beard of designe to Compell the petitioners to discharge him of a debt of fyve hundred Merks due by him to the petitioner and for payment wherof the petitioner has ane actione depending before the Shireff of Teviotdale Hath presented to the saids Lords a most Slanderous and Scandalous Complaint against the petitioner wherin they maliciously represent the petitioners to be a very extraordinar person by calling the petitioner a notorious Vagabound Cheat and rogue, and as if the petitioner were Lurking on both sides of the borders to Comitt villany, and that the petitioner was Lately Seazed on and Imprisoned in Carlyll and brock prison, And now (3In Respect ther is no border Commission for the time They Craved a Commission and warrand to Sprinkell, and Mr Duncan Mcarthur the Dutches of Buccleughs baillie in the saids bounds or any Imployed by them to search seaze and aprehend the petitioners person and to transport the petitioner to Carlyll in England ther to be Imprisoned upon which Suplication and informatione the saids Lords were pleased upon the fyth day of July last to grant warrand to aprehend the petitioners person till he fand baill to underlye the Law or otherwayes to Committ the petitioner to Joyle in any place within this kingdome incase of the petitioners not being able to find baill, Bot discharged the petitioners Transportation. It was Humbly Represented to the saids Lords that such addresses as these are, are of dangerous Consequences to his Majesties Leidges and particularly to the petitioners intrest Credit and reputation haveing Lived at Langholme under her Grace the Dutches of Buccleugh as merchant and inkeeper ther these sixtein years bygone and have keeped house and family with the petitioners wife bairnes and Servants these ten years by past And have not only the greatest Change bot also the greatest tradeing and Merchandizeing ther as is knowen to Mr McArthur the Dutches of Buccleughs Bailly and can be made appear by severall persons in Edinburgh upon oath, And the petitioner was never knowen to be the person the missrepresent him, nor could the Same be made appear, Bot on the contrair of honest fame and reputatione and Law byding, And as to the petitioners Escape out of Carlyll prison the samen was for a pretended debt which was of it self most unjust bot the petitioner not being able to find Cautione ther for such a Considerable Summe for which the petitioner was wrongeously greisted And finding ane oppertunity at Twelue of the Cloak in the day the petitioner made Civily his escape without any violent or base methods by breaking of prison or any thing of what nature bot being in Company with English Squyres and Gentlmen takeing the Air at that time the petitioner came a way and so returned home it being about five years since, And to Lett the saids Lords know the true ground for which the petitioner was areisted Some English men did persew the petitioner before the Lords of Councill and Session Which came in Course before the Lord Crossrig And They Finding after debate therin that the petitioner was like to be assoylzied therfrae they took up their proces and fell upon this divyce of areisting the petitioners person, which is a Summar method used throughout all Ingland albeit the person be not owing a six pence Bot Broomholme and his brother in Law Sir Patrick Maxwell their designe therin does not rest here Bot goes a greater Length for the petitioner haveing Lately pursued Broomholme before the Shirriff of Teviotdale for five hundred merks and the Samen being referred to his oath he delayed his deponeing, And instead of that made this applicatione thinking therby to frustrat the petitioner of his said Just debt, and not only so, Bot expects a farr greater reward by this noble exploit If his designe hade come to perfection for Joseph Reid Major of Carlyll and Bromholme actually transacted for delivering the petitioner up to4 him upon the English side And therafter the said majors wrot to him for that effect promiseing him a great reward as his missive Letter direct to him theranent which by good providence came to petitioners hand therwith produced would testifie, so that in effect his designe was to sell the petitioner to bondadge and slavery for if the petitioner hade Committed any thing worthy of Punishment the petitioner was and am willing to under-lye the Law, and for Civill debt the Law of the kingdome is patent and the petitioner was ready to answer and Law byding, and haveing ane Calling and Imployment of Merchandizeing and house and family in Langholme under her grace the Dutches of Buccleugh And Therfore Humbly Supplicating to the effect aftermentioned, The Lords of his Majesties privy Councill Haveing Considered this petition given in to them by the within John Howname with a missive Letter mentioned therin and produced therwith, They Doe hereby Recall the Said former act granted by their Lordships of the date the fifth day of July Last bypast, And Declares the petitioner to be quyt therof and free therfrae in all time comeing, And Discharges the Same to be put to execution against the petitioner, And incase the petitioner be apprehended and Imprisoned be vertue therof, Doe hereby give order and Warrand to the Magistrats of Burghs and keepers of their prisons within which the petitioner may be to5 sett him at Liberty for which this shall be to all persones concerned a sufficient warrand

Edinburgh The Eight day of September Jaj vic Nyntie Eight years

D1698/9/31

Act

Act John Howname Merchant

Anent the petition given in to the Lords of his Majesties privy Councill be John Howname younger Merchant in Langholme Shewing That wher the Supplicant haveing come to Edinburgh last day about his Lawfull affairs and particularly that of Merchandizeing the petitioner was to his great Surprize informed that Sir Patrick Maxwell of Sprinkell and one Langrave keeper of the prison in Carlyle (2be the instigation of John Maxwell of Broomholme a person Nottarly knowen to be dissafected to his Majesties government which he boasts of By keeping on his Long Beard of designe to Compell the petitioners to discharge him of a debt of fyve hundred Merks due by him to the petitioner and for payment wherof the petitioner has ane actione depending before the Shireff of Teviotdale Hath presented to the saids Lords a most Slanderous and Scandalous Complaint against the petitioner wherin they maliciously represent the petitioners to be a very extraordinar person by calling the petitioner a notorious Vagabound Cheat and rogue, and as if the petitioner were Lurking on both sides of the borders to Comitt villany, and that the petitioner was Lately Seazed on and Imprisoned in Carlyll and brock prison, And now (3In Respect ther is no border Commission for the time They Craved a Commission and warrand to Sprinkell, and Mr Duncan Mcarthur the Dutches of Buccleughs baillie in the saids bounds or any Imployed by them to search seaze and aprehend the petitioners person and to transport the petitioner to Carlyll in England ther to be Imprisoned upon which Suplication and informatione the saids Lords were pleased upon the fyth day of July last to grant warrand to aprehend the petitioners person till he fand baill to underlye the Law or otherwayes to Committ the petitioner to Joyle in any place within this kingdome incase of the petitioners not being able to find baill, Bot discharged the petitioners Transportation. It was Humbly Represented to the saids Lords that such addresses as these are, are of dangerous Consequences to his Majesties Leidges and particularly to the petitioners intrest Credit and reputation haveing Lived at Langholme under her Grace the Dutches of Buccleugh as merchant and inkeeper ther these sixtein years bygone and have keeped house and family with the petitioners wife bairnes and Servants these ten years by past And have not only the greatest Change bot also the greatest tradeing and Merchandizeing ther as is knowen to Mr McArthur the Dutches of Buccleughs Bailly and can be made appear by severall persons in Edinburgh upon oath, And the petitioner was never knowen to be the person the missrepresent him, nor could the Same be made appear, Bot on the contrair of honest fame and reputatione and Law byding, And as to the petitioners Escape out of Carlyll prison the samen was for a pretended debt which was of it self most unjust bot the petitioner not being able to find Cautione ther for such a Considerable Summe for which the petitioner was wrongeously greisted And finding ane oppertunity at Twelue of the Cloak in the day the petitioner made Civily his escape without any violent or base methods by breaking of prison or any thing of what nature bot being in Company with English Squyres and Gentlmen takeing the Air at that time the petitioner came a way and so returned home it being about five years since, And to Lett the saids Lords know the true ground for which the petitioner was areisted Some English men did persew the petitioner before the Lords of Councill and Session Which came in Course before the Lord Crossrig And They Finding after debate therin that the petitioner was like to be assoylzied therfrae they took up their proces and fell upon this divyce of areisting the petitioners person, which is a Summar method used throughout all Ingland albeit the person be not owing a six pence Bot Broomholme and his brother in Law Sir Patrick Maxwell their designe therin does not rest here Bot goes a greater Length for the petitioner haveing Lately pursued Broomholme before the Shirriff of Teviotdale for five hundred merks and the Samen being referred to his oath he delayed his deponeing, And instead of that made this applicatione thinking therby to frustrat the petitioner of his said Just debt, and not only so, Bot expects a farr greater reward by this noble exploit If his designe hade come to perfection for Joseph Reid Major of Carlyll and Bromholme actually transacted for delivering the petitioner up to4 him upon the English side And therafter the said majors wrot to him for that effect promiseing him a great reward as his missive Letter direct to him theranent which by good providence came to petitioners hand therwith produced would testifie, so that in effect his designe was to sell the petitioner to bondadge and slavery for if the petitioner hade Committed any thing worthy of Punishment the petitioner was and am willing to under-lye the Law, and for Civill debt the Law of the kingdome is patent and the petitioner was ready to answer and Law byding, and haveing ane Calling and Imployment of Merchandizeing and house and family in Langholme under her grace the Dutches of Buccleugh And Therfore Humbly Supplicating to the effect aftermentioned, The Lords of his Majesties privy Councill Haveing Considered this petition given in to them by the within John Howname with a missive Letter mentioned therin and produced therwith, They Doe hereby Recall the Said former act granted by their Lordships of the date the fifth day of July Last bypast, And Declares the petitioner to be quyt therof and free therfrae in all time comeing, And Discharges the Same to be put to execution against the petitioner, And incase the petitioner be apprehended and Imprisoned be vertue therof, Doe hereby give order and Warrand to the Magistrats of Burghs and keepers of their prisons within which the petitioner may be to5 sett him at Liberty for which this shall be to all persones concerned a sufficient warrand

1. NRS, PC2/27, 139r-141r.

2. Closing bracket missing.

3. Closing bracket missing.

4. The word ‘the’ scored out here.

5. Insertion.

1. NRS, PC2/27, 139r-141r.

2. Closing bracket missing.

3. Closing bracket missing.

4. The word ‘the’ scored out here.

5. Insertion.

Act, 8 September 1698, Edinburgh

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Edinburgh The Eight day of September Jaj vic Nyntie Eight years

D1698/9/21

Act

Act Anent a Woollen Manufactory at Aberdeen

Anent the petition given in to the Lords of his Majesties privy Councill by Thomas Mitchell John Allerdyce, Alexander Forbes John Johnstone and others Co-perrtners Shewing That wher by the acts of parliament Jaj vic sixtie one and Jaj vic Eightie one all his Majesties Leidges are invited and incouradged to sett up Manufactories as tending greatly to the2 inriching of the kingdome and increasing of trade therof Likeas It is weell knowen how much the burgh of Aberdeen and inhabitants therof have in all times been disposed to the makeing of Cloath and Stuffs Stockings plaids and all other profitable works in wooll, so that it appears most personable and advantadgeous That in favors of the petitioners ane woollen Manufactory Should be sett up and Authorized within the said burgh with such priviledges and Immunities as are granted by the Acts of parliament and may be most proper for encouraging and advanceing the Same And that the petitioners be Impowered to appoint masters directors and other officers and servants for the said Manufactory who and their Successors in office may exerce their respective offices in and about the same as use is in the Like cases. And Therfore Humbly Supplicating to the effect aftermentioned, The Lords of his Majesties privy Councill Haveing Considered this petition given in to them be Thomas Mitchell John Allerdyce, Alexander Forbes John Johnstone and other Copartiners, They hereby Allow the petitioners and their Copairtners To sett up and erect a Manufactory of Wooll within the said burgh of Aberdeen, And have Declared and hereby Declares the said Manufactory to be called the Woollen Manufactory of Aberdeen, And Declares that it shall be a Lawfull manufactory and shall have the priviledges and Immunities which are granted in the generall act mentioned in the said petition In favors of Manufactories in so farr as may be Consistant with the Liberties and priviledges of the said burgh of Aberdeen.

Edinburgh The Eight day of September Jaj vic Nyntie Eight years

D1698/9/21

Act

Act Anent a Woollen Manufactory at Aberdeen

Anent the petition given in to the Lords of his Majesties privy Councill by Thomas Mitchell John Allerdyce, Alexander Forbes John Johnstone and others Co-perrtners Shewing That wher by the acts of parliament Jaj vic sixtie one and Jaj vic Eightie one all his Majesties Leidges are invited and incouradged to sett up Manufactories as tending greatly to the2 inriching of the kingdome and increasing of trade therof Likeas It is weell knowen how much the burgh of Aberdeen and inhabitants therof have in all times been disposed to the makeing of Cloath and Stuffs Stockings plaids and all other profitable works in wooll, so that it appears most personable and advantadgeous That in favors of the petitioners ane woollen Manufactory Should be sett up and Authorized within the said burgh with such priviledges and Immunities as are granted by the Acts of parliament and may be most proper for encouraging and advanceing the Same And that the petitioners be Impowered to appoint masters directors and other officers and servants for the said Manufactory who and their Successors in office may exerce their respective offices in and about the same as use is in the Like cases. And Therfore Humbly Supplicating to the effect aftermentioned, The Lords of his Majesties privy Councill Haveing Considered this petition given in to them be Thomas Mitchell John Allerdyce, Alexander Forbes John Johnstone and other Copartiners, They hereby Allow the petitioners and their Copairtners To sett up and erect a Manufactory of Wooll within the said burgh of Aberdeen, And have Declared and hereby Declares the said Manufactory to be called the Woollen Manufactory of Aberdeen, And Declares that it shall be a Lawfull manufactory and shall have the priviledges and Immunities which are granted in the generall act mentioned in the said petition In favors of Manufactories in so farr as may be Consistant with the Liberties and priviledges of the said burgh of Aberdeen.

1. NRS, PC2/27, 138v-139r.

2. The word ‘encouradging’ scored out here.

1. NRS, PC2/27, 138v-139r.

2. The word ‘encouradging’ scored out here.

Sederunt, 8 September 1698, Edinburgh

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Edinburgh The Eight day of September Jaj vic Nyntie Eight years1

D1698/9/12

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Duke of Queensbery P:S:; Marquis of Twedale; Earl of Argyle; Earl of Erroll; Earl of Southerland; Earl of Marr; Earl of Mortoune; Earl of Eglingtoune; Earl of Lothian; Earl of Lowdon; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Kintoir; Earl of Ruglen; Lord Yester; Viscount Seafeild S:; Viscount Teviot; Viscount Dupline; Lord Strathanver; Lord Montgomrie; Lord Forbes; Lord Ross; Lord Carmicheall; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Philiphaugh; Lord Halcraig; Lord Rankeillor; Mr Fra: Montgomrie; Laird of Grant; Laird of Blackbarrony

Edinburgh The Eight day of September Jaj vic Nyntie Eight years1

D1698/9/12

Sederunt

Lord Chancelor; Earl of Melvill P:C:; Duke of Queensbery P:S:; Marquis of Twedale; Earl of Argyle; Earl of Erroll; Earl of Southerland; Earl of Marr; Earl of Mortoune; Earl of Eglingtoune; Earl of Lothian; Earl of Lowdon; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Kintoir; Earl of Ruglen; Lord Yester; Viscount Seafeild S:; Viscount Teviot; Viscount Dupline; Lord Strathanver; Lord Montgomrie; Lord Forbes; Lord Ross; Lord Carmicheall; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Philiphaugh; Lord Halcraig; Lord Rankeillor; Mr Fra: Montgomrie; Laird of Grant; Laird of Blackbarrony

1. NRS, PC2/27, 138v.

2. NRS, PC2/27, 138v.

1. NRS, PC2/27, 138v.

2. NRS, PC2/27, 138v.

Procedure, 8 September 1698, Edinburgh

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Att Edinburgh The Eight Day of September Jaj vjc nynty Eight years

A1698/9/71

Procedure

Patent of Honour In favours of James Earle of Arran To be Duke of Hamilton

Patent of Honour under his Majesties Great Seal of this Kingdom In favours of James Earle of Arran to be Duke of Hamilton. Marquiss of Clydsdale Earle of Arran etc upon the Resignation of Anna Dutches of Hamilton etc But prejudice to the said Dutches as to the Title and dignity pertaining to her as widow to the Deceast William Duke of Hamilton or as to any Right or priviledge she may have or crave as heir of Hamilton which is not specialy Designed, Read, and delivered by my Lord High Chancelor To the Earle of Ruglen who Receaved the same upon his Knee as is usuall. The Councill appointed the same to be Recorded in their Books. Whereof the Tenor Followes.
Gulielmus Dei Gratia Magnae Brittaniae Franciae et Hiberniae Rex fideique defensor. Omnibus probis hominibus suis ad quos presentes Literae nostrae pervenerint. Salutem Quandoquidem nos Considerantes fidelissimam et Dilectissimam nostram consanguieneam Annam Ducissam De Hamilton et Chastlerauht Marchionissimam de Clydsdale. Comitissam de Arran Lanerk et Cambridge, Dominam Aven Polmont Machanshyre et Innerdale per Literam procuratoriae manu ejus Signatam apud Hamilton nono die Mensis Julii ultimo Elapsi in hoc anno millesimo sexcentesimo nonogesimo octavo. Propter sincerum amorem et favorem quem gereabit2 Erga Jacobum Comitem de Arran filium ejus natu Maximum et Haeredem apparentem Ejusque successorem in ipsius Titulis Honoribus et Dignitatibus et propter alias Causas et rationes ipsam suadentes potestatem et facultatem Concessisse procuratoribus suis Resignandi et sursum Reddendi. Titulum Dignitatem Gradum et Honorem Ducatus de Hamilton. Marchionatus de Clydsdale, Comitatus de Arran, Lanerk et Cambridge Dominii3 de Aven Polmont Machanshyre et Innerdale cum universis et singulis praerogativis priviledgiis praecedentiis et Immunitatibus eo spectantibus, in manibus nostris In favorem proque novo donatione et Diplomate per nos concedendo De praedictis Titulis dignitatibus Gradibus et Honoribus In favorem praedicti Jacobi Comitis de Arran et Haeredum mentionatum in Diplomati per serenissimum nostrum Avum Carolum ejus nominis primum Beatae memoriae concesso Demortuo Jacobo Duci de Hamiltoun Dato apud Oxford duodecimo die mensis Aprilis, Anno Domini milesimo sexcentesimo quadragesimo tertio cum omnibus et singulis praerogativis preeminentiis praecedentiis priviledgiis et Immunitatibus ad Titulum Eundem dignitatem Gradum et Honorem spectantibus virtute antedicti deplomatis Demortuo Jacobo Duci de Hamilton Concessi similiter ac eodem ac si praedictus Jacobus Comes De Arran in iisdem succederet per obitum dictae Ducissae de Hamilton cum hac omni modo provisione quod dicta Litera procuratoriae et Resignatio desuper factae nequaquam praejudicio erit dictae Ducissae quoad ejus Titulum et dignitatem ad ipsam spectantem Tanquam viduam demortui Gulielmi Ducis de Hamilton ejus mariti, nec quoad Jus et priviledgium quodcunque quod eadem Ducissa habet seu petere potest tanquam Haeres de Hamilton quod non specialiter est Resignatum et debita et competenti forma uti Expedit. Prout dicta procuratoria Resignationis data ut praedicitur amplius in se continet. Nos etiam Considerantes quod hoc eodem die quo datae sunt hae nostrae Literae Resignatio erat facta in manibus nostris virtute procuratoriae supra scriptae quodque nobis ex summa nostra Gratia eandem acceptare placuit ac has nostras Literas Desuper Concedere modo Infra scripto. Noveritis igitur Nos Dedisse et Concessisse sicuti per hasce nostras patentes Literas. Damus et concedimus antedicto Jacobo Comiti de Arran ejusque Haeredibus mentionatis in deplomate Supra Expresso Per dictum nostrum Serenissimum Avum Dicto Demortuo Jacobo Duci de Hamilton concesso Praedictum Titulum Dignitatem Gradum et Honorem Ducis de Hamilton, Marchionis de Clydsdale Comitis De Arran Lanerk et Cambridge Domini Aven Polmont Machanshyre et Innerdale cum omnibus et singulis praerogativis praeeminentiis praecedentiis Dignitatibus priviledgiis et Immunitatibus ad Eundem Titulum Dignitatem Gradum et Honorem Spectantibus virtute deplomatis predicti vel quorumcunque aliorum dicto demortuo Jacobo Duci De Hamilton concessorum eodem modo ac si dictus Jacobus Comes de Arran in iisdem successisset per obitum dictae Annae Ducissae de Hamilton. Cum hac provisione sicuti per presentes Literas providetur et Declaratur, Per Expressum quod Resignatio supra mentionata et hoc nostrum Diploma nullo modo praejudicio erunt predictae Annae ducissae De Hamilton Quoad ipsius Titulum Et Dignitatem ad ipsam tanquam viduam demortui Gulielmi ducis de Hamilton spectantem neque quoad Jus et priviledgium quodcunque quod eadem Ducissa habet seu petere poterit tanquam4 Haeres de Hamilton quod non speciatim Resignatum est. Tenendum et Habendum dictum Titulum Gradum Honorem et dignitatem cum omnibus et singulis praerogativis preeminentiis praecedentiis praeviledgiis dignitatibus et immunitatibus eo spectantibus dicto Jacobo comiti de Arran ejusque praedictis De nobis nostrisque successoribus In omnibus et singulis ordinum Conventibus Parliamentis Generalibus Conciliis privatis seu publicis congressibus cum Jure Loco et potestate sedendi et in iisdem suffragium Dandi cum omnibus aliis praeviledgiis dignitatibus praerogativis et Immunitatibus quibuscunque pertinentibus vel quae ad illum ejusque praedictos pertinere poterit virtute Deplomatis supra mentionati vel quorumcunque aliorum dicto demortuo Jacobo Duci de Hamilton Concessorum similiter eodemque modo ac si in dicto Titulo Gradu Honore et dignitate succederet per obitum dictae ducissae ejus matris. In cujus rei testimonium praesentibus magnum Sigillum nostrum appendi praecipimus Apud aulam nostram de Loo decimo die mensis augusti Anno Domini Milesimo sexcentesimo nonogesimo Octavo Regnique nostri anno Decimo. Per signaturam manu S D. N. Regis supra signatam. Written to the great Seal and Registrat the sixth day of September Jaj vjc nynty Eight. Sic subscribitur Charles Ker. Sealed at Edinburgh The Eight day of September Jaj vjc nynty Eight years Sic subscribitur Alexander Home.

Att Edinburgh The Eight Day of September Jaj vjc nynty Eight years

A1698/9/71

Procedure

Patent of Honour In favours of James Earle of Arran To be Duke of Hamilton

Patent of Honour under his Majesties Great Seal of this Kingdom In favours of James Earle of Arran to be Duke of Hamilton. Marquiss of Clydsdale Earle of Arran etc upon the Resignation of Anna Dutches of Hamilton etc But prejudice to the said Dutches as to the Title and dignity pertaining to her as widow to the Deceast William Duke of Hamilton or as to any Right or priviledge she may have or crave as heir of Hamilton which is not specialy Designed, Read, and delivered by my Lord High Chancelor To the Earle of Ruglen who Receaved the same upon his Knee as is usuall. The Councill appointed the same to be Recorded in their Books. Whereof the Tenor Followes.
Gulielmus Dei Gratia Magnae Brittaniae Franciae et Hiberniae Rex fideique defensor. Omnibus probis hominibus suis ad quos presentes Literae nostrae pervenerint. Salutem Quandoquidem nos Considerantes fidelissimam et Dilectissimam nostram consanguieneam Annam Ducissam De Hamilton et Chastlerauht Marchionissimam de Clydsdale. Comitissam de Arran Lanerk et Cambridge, Dominam Aven Polmont Machanshyre et Innerdale per Literam procuratoriae manu ejus Signatam apud Hamilton nono die Mensis Julii ultimo Elapsi in hoc anno millesimo sexcentesimo nonogesimo octavo. Propter sincerum amorem et favorem quem gereabit2 Erga Jacobum Comitem de Arran filium ejus natu Maximum et Haeredem apparentem Ejusque successorem in ipsius Titulis Honoribus et Dignitatibus et propter alias Causas et rationes ipsam suadentes potestatem et facultatem Concessisse procuratoribus suis Resignandi et sursum Reddendi. Titulum Dignitatem Gradum et Honorem Ducatus de Hamilton. Marchionatus de Clydsdale, Comitatus de Arran, Lanerk et Cambridge Dominii3 de Aven Polmont Machanshyre et Innerdale cum universis et singulis praerogativis priviledgiis praecedentiis et Immunitatibus eo spectantibus, in manibus nostris In favorem proque novo donatione et Diplomate per nos concedendo De praedictis Titulis dignitatibus Gradibus et Honoribus In favorem praedicti Jacobi Comitis de Arran et Haeredum mentionatum in Diplomati per serenissimum nostrum Avum Carolum ejus nominis primum Beatae memoriae concesso Demortuo Jacobo Duci de Hamiltoun Dato apud Oxford duodecimo die mensis Aprilis, Anno Domini milesimo sexcentesimo quadragesimo tertio cum omnibus et singulis praerogativis preeminentiis praecedentiis priviledgiis et Immunitatibus ad Titulum Eundem dignitatem Gradum et Honorem spectantibus virtute antedicti deplomatis Demortuo Jacobo Duci de Hamilton Concessi similiter ac eodem ac si praedictus Jacobus Comes De Arran in iisdem succederet per obitum dictae Ducissae de Hamilton cum hac omni modo provisione quod dicta Litera procuratoriae et Resignatio desuper factae nequaquam praejudicio erit dictae Ducissae quoad ejus Titulum et dignitatem ad ipsam spectantem Tanquam viduam demortui Gulielmi Ducis de Hamilton ejus mariti, nec quoad Jus et priviledgium quodcunque quod eadem Ducissa habet seu petere potest tanquam Haeres de Hamilton quod non specialiter est Resignatum et debita et competenti forma uti Expedit. Prout dicta procuratoria Resignationis data ut praedicitur amplius in se continet. Nos etiam Considerantes quod hoc eodem die quo datae sunt hae nostrae Literae Resignatio erat facta in manibus nostris virtute procuratoriae supra scriptae quodque nobis ex summa nostra Gratia eandem acceptare placuit ac has nostras Literas Desuper Concedere modo Infra scripto. Noveritis igitur Nos Dedisse et Concessisse sicuti per hasce nostras patentes Literas. Damus et concedimus antedicto Jacobo Comiti de Arran ejusque Haeredibus mentionatis in deplomate Supra Expresso Per dictum nostrum Serenissimum Avum Dicto Demortuo Jacobo Duci de Hamilton concesso Praedictum Titulum Dignitatem Gradum et Honorem Ducis de Hamilton, Marchionis de Clydsdale Comitis De Arran Lanerk et Cambridge Domini Aven Polmont Machanshyre et Innerdale cum omnibus et singulis praerogativis praeeminentiis praecedentiis Dignitatibus priviledgiis et Immunitatibus ad Eundem Titulum Dignitatem Gradum et Honorem Spectantibus virtute deplomatis predicti vel quorumcunque aliorum dicto demortuo Jacobo Duci De Hamilton concessorum eodem modo ac si dictus Jacobus Comes de Arran in iisdem successisset per obitum dictae Annae Ducissae de Hamilton. Cum hac provisione sicuti per presentes Literas providetur et Declaratur, Per Expressum quod Resignatio supra mentionata et hoc nostrum Diploma nullo modo praejudicio erunt predictae Annae ducissae De Hamilton Quoad ipsius Titulum Et Dignitatem ad ipsam tanquam viduam demortui Gulielmi ducis de Hamilton spectantem neque quoad Jus et priviledgium quodcunque quod eadem Ducissa habet seu petere poterit tanquam4 Haeres de Hamilton quod non speciatim Resignatum est. Tenendum et Habendum dictum Titulum Gradum Honorem et dignitatem cum omnibus et singulis praerogativis preeminentiis praecedentiis praeviledgiis dignitatibus et immunitatibus eo spectantibus dicto Jacobo comiti de Arran ejusque praedictis De nobis nostrisque successoribus In omnibus et singulis ordinum Conventibus Parliamentis Generalibus Conciliis privatis seu publicis congressibus cum Jure Loco et potestate sedendi et in iisdem suffragium Dandi cum omnibus aliis praeviledgiis dignitatibus praerogativis et Immunitatibus quibuscunque pertinentibus vel quae ad illum ejusque praedictos pertinere poterit virtute Deplomatis supra mentionati vel quorumcunque aliorum dicto demortuo Jacobo Duci de Hamilton Concessorum similiter eodemque modo ac si in dicto Titulo Gradu Honore et dignitate succederet per obitum dictae ducissae ejus matris. In cujus rei testimonium praesentibus magnum Sigillum nostrum appendi praecipimus Apud aulam nostram de Loo decimo die mensis augusti Anno Domini Milesimo sexcentesimo nonogesimo Octavo Regnique nostri anno Decimo. Per signaturam manu S D. N. Regis supra signatam. Written to the great Seal and Registrat the sixth day of September Jaj vjc nynty Eight. Sic subscribitur Charles Ker. Sealed at Edinburgh The Eight day of September Jaj vjc nynty Eight years Sic subscribitur Alexander Home.

1. NRS, PC1/51, 470-2.

2. Sic. Recte gerebat.

3. Sic.

4. The word ‘de’ scored out here.

1. NRS, PC1/51, 470-2.

2. Sic. Recte gerebat.

3. Sic.

4. The word ‘de’ scored out here.

Procedure, 8 September 1698, Edinburgh

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Att Edinburgh The Eight Day of September Jaj vjc nynty Eight years

A1698/9/61

Procedure

The Lord Strathnaver admitted to Councill

The Lord Strathnaver who hes not been in Councill since his majesties Last Commission of Councill in May Jaj vic nynty six wherein he is named a privy Councellor. Being present and called for, Took the oath of Aledgance and subscribed The Assurance appointed to his Majesty be act of parliament and also subscrived The Associatione formerly subscribed by other privy Councellors. And the Lord Chancellor Having administrate to him the oath de fideli administratione He was admitted and Receaved a privy Councellor Conform to the Commission.

Att Edinburgh The Eight Day of September Jaj vjc nynty Eight years

A1698/9/61

Procedure

The Lord Strathnaver admitted to Councill

The Lord Strathnaver who hes not been in Councill since his majesties Last Commission of Councill in May Jaj vic nynty six wherein he is named a privy Councellor. Being present and called for, Took the oath of Aledgance and subscribed The Assurance appointed to his Majesty be act of parliament and also subscrived The Associatione formerly subscribed by other privy Councellors. And the Lord Chancellor Having administrate to him the oath de fideli administratione He was admitted and Receaved a privy Councellor Conform to the Commission.

1. NRS, PC1/51, 470.

1. NRS, PC1/51, 470.

Act, 8 September 1698, Edinburgh

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Att Edinburgh The Eight Day of September Jaj vjc nynty Eight years

A1698/9/51

Act

Act Anent Ancrum Bridge

Anent The Petition given in to the Lords of his majesties privy Councill By the magistrats Town Councill and Community of the Burgh of Jedburgh Shewing That where the Bridge called Ancrum Bridge over the water of Teviot, upon the Kings high way near the said Town of Jedburgh is now become Ruinous Through severall floods and Inundations, Especialy in the moneth of October Last which did so damnifie That it will very soon undoubtedly fall Into utter decay. To the great Loss and prejudice of all his majesties Leidges who Travell in that Road, being one of the most patent in the Kingdom Especialy To the Borders of England unless their Lordships provide Remeid. And Therfore Humbly Craving to the Effect underwritting as the said Petition Bears. The saids Lords of his majesties privy Councill Having considered this petition given in To them by the above magistrats Town councill and community of Jedburgh They doe heirby Give warrant to the magistrats and Community of Jedburgh To Exact the small custom following att the said Bridge of Ancrum in tyme Coming. And That for the space of seven years, from the First of november next to come viz Two shilling scots for Each Cairt Eight pennies For ilk Loaded horse, six pennies for ilk other horse, sic pennies for ilk nolt, and Two pennies for ilk sheep, That shall pass the said Bridge during the space forsaid. And allowes the said Town Councill and Community of Jedburgh to nominate and appoint persons from tyme to tyme. To be factors or Collectors for uplifting and Ingathering of the said Imposition. The Said Councill and Community first before Exacting or uplifting of any of the forsaid Imposition giving bond with their factor appointed or to be Appointed by them and Finding sufficient Caution To the Commissioners of supply within the Shire of Roxburgh In which shire the said bridge and burgh lyes That they shall put and Keep the said Bridge in good Condition and sufficient Repair during the space forsaid. And that the forsaid Impositiones which shall be uplifted and collected by their said factor shall be Employed and bestowed for repairing and upholding of the said Bridge of Ancrum at sight of the saids Commissioners, And in caice any of the Cautioners to be found for the said Factor shall dye or become Insolvent ordaines the Bond to be Renued and to be delivered in to the Cautioners with sufficient new Cautioners from tyme to tyme during the space forsaid under the penalty of Fyve Hundered merks scots money by and att our performance of the premises.

Att Edinburgh The Eight Day of September Jaj vjc nynty Eight years

A1698/9/51

Act

Act Anent Ancrum Bridge

Anent The Petition given in to the Lords of his majesties privy Councill By the magistrats Town Councill and Community of the Burgh of Jedburgh Shewing That where the Bridge called Ancrum Bridge over the water of Teviot, upon the Kings high way near the said Town of Jedburgh is now become Ruinous Through severall floods and Inundations, Especialy in the moneth of October Last which did so damnifie That it will very soon undoubtedly fall Into utter decay. To the great Loss and prejudice of all his majesties Leidges who Travell in that Road, being one of the most patent in the Kingdom Especialy To the Borders of England unless their Lordships provide Remeid. And Therfore Humbly Craving to the Effect underwritting as the said Petition Bears. The saids Lords of his majesties privy Councill Having considered this petition given in To them by the above magistrats Town councill and community of Jedburgh They doe heirby Give warrant to the magistrats and Community of Jedburgh To Exact the small custom following att the said Bridge of Ancrum in tyme Coming. And That for the space of seven years, from the First of november next to come viz Two shilling scots for Each Cairt Eight pennies For ilk Loaded horse, six pennies for ilk other horse, sic pennies for ilk nolt, and Two pennies for ilk sheep, That shall pass the said Bridge during the space forsaid. And allowes the said Town Councill and Community of Jedburgh to nominate and appoint persons from tyme to tyme. To be factors or Collectors for uplifting and Ingathering of the said Imposition. The Said Councill and Community first before Exacting or uplifting of any of the forsaid Imposition giving bond with their factor appointed or to be Appointed by them and Finding sufficient Caution To the Commissioners of supply within the Shire of Roxburgh In which shire the said bridge and burgh lyes That they shall put and Keep the said Bridge in good Condition and sufficient Repair during the space forsaid. And that the forsaid Impositiones which shall be uplifted and collected by their said factor shall be Employed and bestowed for repairing and upholding of the said Bridge of Ancrum at sight of the saids Commissioners, And in caice any of the Cautioners to be found for the said Factor shall dye or become Insolvent ordaines the Bond to be Renued and to be delivered in to the Cautioners with sufficient new Cautioners from tyme to tyme during the space forsaid under the penalty of Fyve Hundered merks scots money by and att our performance of the premises.

1. NRS, PC1/51, 469-70.

1. NRS, PC1/51, 469-70.

Sederunt, 8 September 1698, Edinburgh

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Att Edinburgh The Eight Day of September Jaj vjc nynty Eight years1

A1698/9/42

Sederunt

Lord Chancelor; Earl of Mellvil P.C.; Duke of Queensberrie P.S.; Marquis of Tweddale; Earl of Argyle; Earl of Erroll; Earl of Southerland; Earl of Marr; Earl of Morton; Earl of Englintone; Earl of Lothian; Earl of Lowdown; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Kintore; Earl of Ruglen; Lord Yester; Viscount Seafeild S.; Viscount Teviot; Viscount Dupline; Lord Strathnaver; Lord Montgomry; Lord Forbes; Lord Ross; Lord Carmichaell; Lord President of Session; Lord Advocate; Lord Justice-Clerk; Lord Philiphaugh; Lord Halcraig; Mr Francis Montgomry; Laird of Grant; Laird of Blackbarrony

Att Edinburgh The Eight Day of September Jaj vjc nynty Eight years1

A1698/9/42

Sederunt

Lord Chancelor; Earl of Mellvil P.C.; Duke of Queensberrie P.S.; Marquis of Tweddale; Earl of Argyle; Earl of Erroll; Earl of Southerland; Earl of Marr; Earl of Morton; Earl of Englintone; Earl of Lothian; Earl of Lowdown; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Kintore; Earl of Ruglen; Lord Yester; Viscount Seafeild S.; Viscount Teviot; Viscount Dupline; Lord Strathnaver; Lord Montgomry; Lord Forbes; Lord Ross; Lord Carmichaell; Lord President of Session; Lord Advocate; Lord Justice-Clerk; Lord Philiphaugh; Lord Halcraig; Mr Francis Montgomry; Laird of Grant; Laird of Blackbarrony

1. NRS, PC1/51, 469.

2. NRS, PC1/51, 469.

1. NRS, PC1/51, 469.

2. NRS, PC1/51, 469.