Tag Archives: 9 March 1703

Act, 9 March 1703, Edinburgh

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Edinburgh the 9th March 1703 Antemeridiem

D1703/3/81

Act

Act Infavours off Mary Wedderburn

Annent The petition given in and presented to the Lords of Her Majesties privie Councill By Mary Wedderburn Laufull Daughter to the Deceast Alexander Wedderburn Minister at Killmarnock Shewing That the petitioner Haveing been at great paines in Collecting seaverall Manuscripts off Her Deceast father upon the Transfiguration off Christ upon the Mount And hes got the same revised by seaverall Ministers who was acquaint with his method off preaching As the preface wrot by Mr George Hamiltoun, and the testificat by Mr Heugh Craig herewith produced Doeth shew, and hes caused put the same to the press in ane Compleit peice off Tuenty Three sermon’s And in regaird others may reprint the same either at home or abroad imported and therby prejudge the petitioner And Therfore creaving to the effect afftermentioned as the said petition bears The Lords off Her Majesties privie Councill Haveing Considered the above petition given into them by the withine Mary Wedderburn Laufull Daughter to the Deceast Mr Alexander Wedderburn Minister at Killmarnock And the samen being read in their presence The saids Lords Doe heirby Grant licence and warrand to the petitioner and her assigneyes For printing seaverall sermons off her said Fathers upon the Transfiguration off Christ upon the Mount And Discharges any other person To print vend sell or import into this Kingdom any of the said sermons Dureing the space of Nyneteen years From the day and date heirof with the petitioner Or her assignyes this warrant or Commission under the pain off seasing upon and forfaulting therof For the use off the petitioner and her assignyes And Furder under the paine off Five hundereth merks to be payed by the Contraveeners to the petitioner and her forsaids besyde the seazure and Forfaulture Forsaid.

Edinburgh the 9th March 1703 Antemeridiem

D1703/3/81

Act

Act Infavours off Mary Wedderburn

Annent The petition given in and presented to the Lords of Her Majesties privie Councill By Mary Wedderburn Laufull Daughter to the Deceast Alexander Wedderburn Minister at Killmarnock Shewing That the petitioner Haveing been at great paines in Collecting seaverall Manuscripts off Her Deceast father upon the Transfiguration off Christ upon the Mount And hes got the same revised by seaverall Ministers who was acquaint with his method off preaching As the preface wrot by Mr George Hamiltoun, and the testificat by Mr Heugh Craig herewith produced Doeth shew, and hes caused put the same to the press in ane Compleit peice off Tuenty Three sermon’s And in regaird others may reprint the same either at home or abroad imported and therby prejudge the petitioner And Therfore creaving to the effect afftermentioned as the said petition bears The Lords off Her Majesties privie Councill Haveing Considered the above petition given into them by the withine Mary Wedderburn Laufull Daughter to the Deceast Mr Alexander Wedderburn Minister at Killmarnock And the samen being read in their presence The saids Lords Doe heirby Grant licence and warrand to the petitioner and her assigneyes For printing seaverall sermons off her said Fathers upon the Transfiguration off Christ upon the Mount And Discharges any other person To print vend sell or import into this Kingdom any of the said sermons Dureing the space of Nyneteen years From the day and date heirof with the petitioner Or her assignyes this warrant or Commission under the pain off seasing upon and forfaulting therof For the use off the petitioner and her assignyes And Furder under the paine off Five hundereth merks to be payed by the Contraveeners to the petitioner and her forsaids besyde the seazure and Forfaulture Forsaid.

1. NRS, PC2/28, 247r.

1. NRS, PC2/28, 247r.

Act, 9 March 1703, Edinburgh

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Edinburgh the 9th March 1703 Antemeridiem

D1703/3/71

Act

Act Infavours off Anna Durhame

Annent The petition given in and presented to the Lords of Her Majesties privie Councill By Anna Durhame spouse to Mr Thomas Black late Minister at Anstruther Wester Shewing That wher It hath pleased God to visit my said Husband with a lamentable distemper and disorder off mynd Soe that since the moneth off January 1700 He hath been neither Sui Compos, nor capable to manadge any affair whatsomever without any hope off Recovery as is testified by the Testificat off the presbitry off the Bounds And Seeing That by reasone off his said incapacity boeth he and the petitioner and his poor Family are brought to extream miserie Because ther is non to uplift any thing Due to the petitioners or to manadge ther bussiness And that it belongs to their Lordships to help in such caices And therfor creaving their Lordships To commiserat their said Condition and to appoint and authorize the petitioner to uplift and dischairge any stipend or debts due to him and to manadge any other off his affaires Sykelyke as he might doe him self whyll off a sound mynd and Judgement and dureing his distempter and untill their Lordships warrand be Discharged As the said petitione beares The Lords of Her Majesties privie Councill Haveing Considered the above petition Given into them by Anna Durhame spouse to Mr Thomas Black lat Minister at Enstruther, wester With ane Declaratione under the hands off the Moderator2 and presbitry Clerk off St Andrews, annent the said Mr Thomas Black his lamentable distemper and Disorder off mynd And the samen being read in their presence The saids Lords Doe heirby appoint and authorize the petitioner to uplift and Dischairge any Stipends or debts due to her said Husband and to manadge the samen and any other off his affaires For the use off the Familly allwayes without Imbazlement Sykelyke as iff the said Mr Thomas Black might have done himselfe and that dureing his distemper and ay and whyll he be off a Sound mind and Judgement And Declaires that the petitioners Recipts and Dischairges shall be Sufficient to the receavers therof She allwayes befoir Extracting hereof, Finding sufficient Caution acted in the books off privie Councill That she shall not imbazle or Mismanadge any pairt off her Husbands Estate But that she shall usefully apply and Imploy the same For the benefit and advantage off her said Husband and his family and be comptable therfor accordingly.

Edinburgh the 9th March 1703 Antemeridiem

D1703/3/71

Act

Act Infavours off Anna Durhame

Annent The petition given in and presented to the Lords of Her Majesties privie Councill By Anna Durhame spouse to Mr Thomas Black late Minister at Anstruther Wester Shewing That wher It hath pleased God to visit my said Husband with a lamentable distemper and disorder off mynd Soe that since the moneth off January 1700 He hath been neither Sui Compos, nor capable to manadge any affair whatsomever without any hope off Recovery as is testified by the Testificat off the presbitry off the Bounds And Seeing That by reasone off his said incapacity boeth he and the petitioner and his poor Family are brought to extream miserie Because ther is non to uplift any thing Due to the petitioners or to manadge ther bussiness And that it belongs to their Lordships to help in such caices And therfor creaving their Lordships To commiserat their said Condition and to appoint and authorize the petitioner to uplift and dischairge any stipend or debts due to him and to manadge any other off his affaires Sykelyke as he might doe him self whyll off a sound mynd and Judgement and dureing his distempter and untill their Lordships warrand be Discharged As the said petitione beares The Lords of Her Majesties privie Councill Haveing Considered the above petition Given into them by Anna Durhame spouse to Mr Thomas Black lat Minister at Enstruther, wester With ane Declaratione under the hands off the Moderator2 and presbitry Clerk off St Andrews, annent the said Mr Thomas Black his lamentable distemper and Disorder off mynd And the samen being read in their presence The saids Lords Doe heirby appoint and authorize the petitioner to uplift and Dischairge any Stipends or debts due to her said Husband and to manadge the samen and any other off his affaires For the use off the Familly allwayes without Imbazlement Sykelyke as iff the said Mr Thomas Black might have done himselfe and that dureing his distemper and ay and whyll he be off a Sound mind and Judgement And Declaires that the petitioners Recipts and Dischairges shall be Sufficient to the receavers therof She allwayes befoir Extracting hereof, Finding sufficient Caution acted in the books off privie Councill That she shall not imbazle or Mismanadge any pairt off her Husbands Estate But that she shall usefully apply and Imploy the same For the benefit and advantage off her said Husband and his family and be comptable therfor accordingly.

1. NRS, PC2/28, 246v-247r.

2. The letters ‘ast’ scored out here.

1. NRS, PC2/28, 246v-247r.

2. The letters ‘ast’ scored out here.

Act, 9 March 1703, Edinburgh

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Edinburgh the 9th March 1703 Antemeridiem

D1703/3/61

Act

Act Infavours off Jannet Irving etc

Annent The petition given in and presented to the Lords of Her Majesties privie Councill By Jannet Irving relict of the Deceast Alexander Maxwell of Fraughty For her self and in name and behalfe off William Alexander, Harbert, Charles, Lucie, Rachell, Mary, and Winfred, Maxwells Children procreat Betuixt the petitioner and the said Alexander Macwell Shewing That the petitioner who was Second wyfe to the said Alexander Maxwell was provyded to ane Lyferent annuity off five hundereth merks per annum To be taken out off the readiest off his rents And my saids Children being eight in number wer provyded to Sex Thousand merks amongest them all And for Security therof wer infeft in ane annualrent corresponding therto upon their said deceast feathers Bond off provisione granted in implement and security of ane obleidgement Contained in the Contract of Marriadge betuixt the petitioner and the Defunct upon which rights The petitioner and her said Children raised proces off poinding of the ground befoir the Lords of Session Againest the Tennents and possessors off his Lands And againest […] Maxwell her husbands eldest son off his first marriadge and his appearand heir For his intrest Wherin he hath heitherto delayed me by many Sinistrous methods and particularly by causeing make Compeirance againest me and produce Interests in the name off Creditors upon the said Estate which wer either payed off, and accquyred by my husband and Consequently belonged to the petitioner One Instance off his Fraudulent dealling with me in this caice is That he had taken out amongest his fathers writs a Charter and seasine Infavoures of George Maxwell of Carnshalloch and caused creave preferrance Infavours off Carnshalloch, Carnshalloch haveing disowned the same by write under his hand, Then he caused make appearance in the name off Elizabeth Maxwell Lady Urr and offerred to prove by the petitioners oath That she had peapers in her hands, wherby Carnsalloch Convoyed the said right Infavours off the Lady Urr But she haveing by this tyme recovered Carnsellochs right Infavours off her husband who was author to the petitioner He fell upon anew Stratagem in the close of the Session and produces aright Infavours off the deceast Homer Maxwell off Kilhean posterior to the petitioners To which and all other pretended intrests produced by him We are prefferred by the Lord Fountanhall ordinary in the Cause And by their disingenious methods They have ruined Her a poor widdow by Expensses and delayed my Decreit Haveing (affter all shiffts Failled) Taken a day to produce the Tennents to Depone as will appear by the Minuts off proces herewith produced Soe that the petitioner and her Eight Fatherless Children Who have been destitute of all means off Substance since the death off her husband which was in harvest 1701 Except possession off the Lands off Teraughty which is but worth Tuo hundereth merks by years as appears by the Tack produced are reduced to very great straits and will not be able to subsist unless ther Lordships will be pleased to modefie the petitioners ane aliment to be payed by the Tennents off the saids Lands Called in the said proces off poinding the ground Especially seeing her husbands Estate is worth 1200 yearly as will appear by ane Rentall therof herewith produced and very Little or noe Debt upon it But what is due to the petitioners And Therfor Creaving their Lordships To Compassionat the Circumstances off the petitioner a poor widow and her said Eight fatherless Children who are thus delayed off what treaty belongs to the petitioners And seeing all that they have hade to live upon Since her Husbands death Is only the possessione of the Roome off Teraughty which is but worth 200 merks by year wheras there treuly belongs to the petitioners 860 merks yearly and that Her Husbands Estate Is better then 1200 merks off yearly sent That therfor their Lordships may modefie to the petitioners The soume off Eight Hundereth merks To be payed presently For their aliement and present subsistance and such a sume as their Lordships shall think fit, in tyme comeing Dureing the dependance And to Decerne the Tennents called in their poinding off the ground to pay the samen to be allowed in the fore, end off what is due to the petitioners As the said petition bears The Lords off Her Majesties privie Councill Haveing considered the above petition given into them by Jannet Irvine Relict off the deceast Alexander Maxwell off Fraughty For her self and in name and behalfe of William, Alexander, Herbert, Charles, Lucie, Rachell, Mary, and Windfred Maxwells, Children procreat Betuixt her and the said Alexander Maxwell And the samen being read in their presence The saids Lords Doe heirby grant to the petitioner The soume off Three Hundereth merks For the subsistance off herself and her said Eight Children untill the First day of June nixt tocome And that out off Her said Husbands readiest means and Estate And ordaines The said soume off Three Hundereth merks modefied for ane Subsistance as said is To be allowed by the petitioner in the Foirend off what is due to her liferent right upon Her Husbands Estate And ordaines Letters off Horning to be directed hereon againest the Factor or Taxman off the said Estate under the signet off Councill And in caice ther be noe Factor or Generall Taxman off the said Estate The saids Lords Decerns and ordaines The Tennents possessors and Intromitters with the said Estate instantly to make payment off the said soume off Three Hundereth merks money forsaid for ane subsistance to the petitioner and her Eight Children as said is Conforme to their Rents and possessiones To be contained in a list containing their seaverall proportiones To be given in by the said petitioner and subscryved by her to the Clerks off privie Councill And Delcaires the petitioners Dischairge by her selfe alone For the forsaid subsistance off Three Hundereth merks allowed by Her out off the farr end off what shall be found due to Her By her lyferent right as above.

Edinburgh the 9th March 1703 Antemeridiem

D1703/3/61

Act

Act Infavours off Jannet Irving etc

Annent The petition given in and presented to the Lords of Her Majesties privie Councill By Jannet Irving relict of the Deceast Alexander Maxwell of Fraughty For her self and in name and behalfe off William Alexander, Harbert, Charles, Lucie, Rachell, Mary, and Winfred, Maxwells Children procreat Betuixt the petitioner and the said Alexander Macwell Shewing That the petitioner who was Second wyfe to the said Alexander Maxwell was provyded to ane Lyferent annuity off five hundereth merks per annum To be taken out off the readiest off his rents And my saids Children being eight in number wer provyded to Sex Thousand merks amongest them all And for Security therof wer infeft in ane annualrent corresponding therto upon their said deceast feathers Bond off provisione granted in implement and security of ane obleidgement Contained in the Contract of Marriadge betuixt the petitioner and the Defunct upon which rights The petitioner and her said Children raised proces off poinding of the ground befoir the Lords of Session Againest the Tennents and possessors off his Lands And againest […] Maxwell her husbands eldest son off his first marriadge and his appearand heir For his intrest Wherin he hath heitherto delayed me by many Sinistrous methods and particularly by causeing make Compeirance againest me and produce Interests in the name off Creditors upon the said Estate which wer either payed off, and accquyred by my husband and Consequently belonged to the petitioner One Instance off his Fraudulent dealling with me in this caice is That he had taken out amongest his fathers writs a Charter and seasine Infavoures of George Maxwell of Carnshalloch and caused creave preferrance Infavours off Carnshalloch, Carnshalloch haveing disowned the same by write under his hand, Then he caused make appearance in the name off Elizabeth Maxwell Lady Urr and offerred to prove by the petitioners oath That she had peapers in her hands, wherby Carnsalloch Convoyed the said right Infavours off the Lady Urr But she haveing by this tyme recovered Carnsellochs right Infavours off her husband who was author to the petitioner He fell upon anew Stratagem in the close of the Session and produces aright Infavours off the deceast Homer Maxwell off Kilhean posterior to the petitioners To which and all other pretended intrests produced by him We are prefferred by the Lord Fountanhall ordinary in the Cause And by their disingenious methods They have ruined Her a poor widdow by Expensses and delayed my Decreit Haveing (affter all shiffts Failled) Taken a day to produce the Tennents to Depone as will appear by the Minuts off proces herewith produced Soe that the petitioner and her Eight Fatherless Children Who have been destitute of all means off Substance since the death off her husband which was in harvest 1701 Except possession off the Lands off Teraughty which is but worth Tuo hundereth merks by years as appears by the Tack produced are reduced to very great straits and will not be able to subsist unless ther Lordships will be pleased to modefie the petitioners ane aliment to be payed by the Tennents off the saids Lands Called in the said proces off poinding the ground Especially seeing her husbands Estate is worth 1200 yearly as will appear by ane Rentall therof herewith produced and very Little or noe Debt upon it But what is due to the petitioners And Therfor Creaving their Lordships To Compassionat the Circumstances off the petitioner a poor widow and her said Eight fatherless Children who are thus delayed off what treaty belongs to the petitioners And seeing all that they have hade to live upon Since her Husbands death Is only the possessione of the Roome off Teraughty which is but worth 200 merks by year wheras there treuly belongs to the petitioners 860 merks yearly and that Her Husbands Estate Is better then 1200 merks off yearly sent That therfor their Lordships may modefie to the petitioners The soume off Eight Hundereth merks To be payed presently For their aliement and present subsistance and such a sume as their Lordships shall think fit, in tyme comeing Dureing the dependance And to Decerne the Tennents called in their poinding off the ground to pay the samen to be allowed in the fore, end off what is due to the petitioners As the said petition bears The Lords off Her Majesties privie Councill Haveing considered the above petition given into them by Jannet Irvine Relict off the deceast Alexander Maxwell off Fraughty For her self and in name and behalfe of William, Alexander, Herbert, Charles, Lucie, Rachell, Mary, and Windfred Maxwells, Children procreat Betuixt her and the said Alexander Maxwell And the samen being read in their presence The saids Lords Doe heirby grant to the petitioner The soume off Three Hundereth merks For the subsistance off herself and her said Eight Children untill the First day of June nixt tocome And that out off Her said Husbands readiest means and Estate And ordaines The said soume off Three Hundereth merks modefied for ane Subsistance as said is To be allowed by the petitioner in the Foirend off what is due to her liferent right upon Her Husbands Estate And ordaines Letters off Horning to be directed hereon againest the Factor or Taxman off the said Estate under the signet off Councill And in caice ther be noe Factor or Generall Taxman off the said Estate The saids Lords Decerns and ordaines The Tennents possessors and Intromitters with the said Estate instantly to make payment off the said soume off Three Hundereth merks money forsaid for ane subsistance to the petitioner and her Eight Children as said is Conforme to their Rents and possessiones To be contained in a list containing their seaverall proportiones To be given in by the said petitioner and subscryved by her to the Clerks off privie Councill And Delcaires the petitioners Dischairge by her selfe alone For the forsaid subsistance off Three Hundereth merks allowed by Her out off the farr end off what shall be found due to Her By her lyferent right as above.

1. NRS, PC2/28, 245r-246v.

1. NRS, PC2/28, 245r-246v.

Act, 9 March 1703, Edinburgh

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Edinburgh the 9th March 1703 Antemeridiem

D1703/3/51

Act

Act Infavours off Mr Charles Lindsay

Annent The petition given in and presented to the Lords of Her Majesties privie Councill By Master Charles Lindsay Minister off the Gospell with consent off James Petter of Chappell undoubted patron of the paroch Kirk and parochine off Gingle kirk and the rest of the heritors off the said paroch Shewing That the said James Petter By his Gift off the date the Tuenty Nynth off December Last by past Giffted to me ane years vaccant steepend off the said paroch From Whyttsunday 1700 To Whyttsunday 1701 And that for the onerous causes mentioned in the said Gift And albeit the whole Heretors consent therunto as appears by ther Letter herewith produced Yet necessary it is The petitioner have their Lordships approbatione therof That Letters of Horning and others by their Lordships delyverance and warrand may pass upon the said Gift againest the Heritors and others Lyable in payment off the said steepand for payeing therof to the petitioner And Therfor Creaving to the effect aftermentioned as the said petitione bears The Lords of Her Majesties privie Councill Haveing Considered the petitione abovementioned Given into them by the above named Mr Charles Lindsay Minister off the Gospell with Consent off James Petter off Chapell undoubted patron off the paroch Kirk and parochine off Gingle Kirk and the rest of the Heretors of the said paroch And the samen with ane Gift by the said patron and ane Letter under the hands off the Earle off Marchmont and seaverall other heretors off the said paroch Infavours of the petitioner being read The saids Lords Doe heirby Interpose their authority to the said Gift And ordaines Letters off Horning under the signet of Councill To be directed at the petitioners Instance againest the heretors, Lyferenters, woodsetters, and others payble in payment To make payment to the petitioner off one years vaccant Steepend off the said paroch From Whyttsunday 1700 To Whyttsunday 1701, Conforme to ane Decreit of Locality off the samen And in caice ther be noe Decreit of Locality with power to him to persew these lyable in payment For their respective proportiones And that Letters be directed against them under the signet off Councill upon the Forsaid Decreit And Declaires the petitioners Dischairge by himself for the said years steep end to be a sufficient exoneration to the Receavers.

Edinburgh the 9th March 1703 Antemeridiem

D1703/3/51

Act

Act Infavours off Mr Charles Lindsay

Annent The petition given in and presented to the Lords of Her Majesties privie Councill By Master Charles Lindsay Minister off the Gospell with consent off James Petter of Chappell undoubted patron of the paroch Kirk and parochine off Gingle kirk and the rest of the heritors off the said paroch Shewing That the said James Petter By his Gift off the date the Tuenty Nynth off December Last by past Giffted to me ane years vaccant steepend off the said paroch From Whyttsunday 1700 To Whyttsunday 1701 And that for the onerous causes mentioned in the said Gift And albeit the whole Heretors consent therunto as appears by ther Letter herewith produced Yet necessary it is The petitioner have their Lordships approbatione therof That Letters of Horning and others by their Lordships delyverance and warrand may pass upon the said Gift againest the Heritors and others Lyable in payment off the said steepand for payeing therof to the petitioner And Therfor Creaving to the effect aftermentioned as the said petitione bears The Lords of Her Majesties privie Councill Haveing Considered the petitione abovementioned Given into them by the above named Mr Charles Lindsay Minister off the Gospell with Consent off James Petter off Chapell undoubted patron off the paroch Kirk and parochine off Gingle Kirk and the rest of the Heretors of the said paroch And the samen with ane Gift by the said patron and ane Letter under the hands off the Earle off Marchmont and seaverall other heretors off the said paroch Infavours of the petitioner being read The saids Lords Doe heirby Interpose their authority to the said Gift And ordaines Letters off Horning under the signet of Councill To be directed at the petitioners Instance againest the heretors, Lyferenters, woodsetters, and others payble in payment To make payment to the petitioner off one years vaccant Steepend off the said paroch From Whyttsunday 1700 To Whyttsunday 1701, Conforme to ane Decreit of Locality off the samen And in caice ther be noe Decreit of Locality with power to him to persew these lyable in payment For their respective proportiones And that Letters be directed against them under the signet off Councill upon the Forsaid Decreit And Declaires the petitioners Dischairge by himself for the said years steep end to be a sufficient exoneration to the Receavers.

1. NRS, PC2/28, 244v-245r.

1. NRS, PC2/28, 244v-245r.

Sederunt, 9 March 1703, Edinburgh

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Edinburgh the 9th March 1703 Antemeridiem1

D1703/3/42

Sederunt

Lord Chancellour; Earl of Eglingtoun; Earl of Loudoun; Earl of Findlatter; Earl of Forfar; Earl of March; Viscount Tarbat S:; Viscount Rosberry; Lord Haddo; Lord Advocat; Lord Justice Clerk; Lord Aberuchill; Lord Halcraige; Lord Ensteruther; Lord Tillicultry; Mr Fra: Montgomry; Laird of Collingtoune; Laird of Caringtoune; Laird of Carnwath; Laird of Hoptoune

Edinburgh the 9th March 1703 Antemeridiem1

D1703/3/42

Sederunt

Lord Chancellour; Earl of Eglingtoun; Earl of Loudoun; Earl of Findlatter; Earl of Forfar; Earl of March; Viscount Tarbat S:; Viscount Rosberry; Lord Haddo; Lord Advocat; Lord Justice Clerk; Lord Aberuchill; Lord Halcraige; Lord Ensteruther; Lord Tillicultry; Mr Fra: Montgomry; Laird of Collingtoune; Laird of Caringtoune; Laird of Carnwath; Laird of Hoptoune

1. NRS, PC2/28, 244v.

2. NRS, PC2/28, 244v.

1. NRS, PC2/28, 244v.

2. NRS, PC2/28, 244v.

Order, 9 March 1703 (pm), Edinburgh

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[9 March 1703] Eodem Die Post Meridiem

A1703/3/291

Order

Recommendation to the Thesaurie In favors of Crafurd of Jordanhill

The Draught of a Commission anent the Suppressing the Importation of Irish victuall and discovering the Importers therof In favors of Lowrance Crafurd of Jordanhill being Read The Samen was approven and ordained to be writen over in Mundo, And the Councill Recommends the said Lawrance Crafurd to the Lords Commissioners of her Majesties Thesaury for Immediat payment to him of the Summ of Fiftie pounds Sterling to be Laid out upon the waiters and Servants he is to Imploy upon their entry to their offices.

[9 March 1703] Eodem Die Post Meridiem

A1703/3/291

Order

Recommendation to the Thesaurie In favors of Crafurd of Jordanhill

The Draught of a Commission anent the Suppressing the Importation of Irish victuall and discovering the Importers therof In favors of Lowrance Crafurd of Jordanhill being Read The Samen was approven and ordained to be writen over in Mundo, And the Councill Recommends the said Lawrance Crafurd to the Lords Commissioners of her Majesties Thesaury for Immediat payment to him of the Summ of Fiftie pounds Sterling to be Laid out upon the waiters and Servants he is to Imploy upon their entry to their offices.

1. NRS, PC1/52, 535.

1. NRS, PC1/52, 535.

Commission by the Council, 9 March 1703 (pm), Edinburgh

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[9 March 1703] Eodem Die Post Meridiem

A1703/3/281

Commission by the Council

Commission In favors of Crafurd of Jordanhill anent the Importation of Irish victuall

Anne by the Grace of God Queen of Great Brittaine France and Ireland defender of the faith; To all and Sundrie and our Leidges whom it effeirs; Forasmuchas the Importing of Irish victuall of any sort into this kingdome is discharged by severall Lawes and acts of parliament under the paines and Certificationes therincontained; as also wee with advice of the Lords of our privy Councill by our proclamation of the date the Sixth day of January Jaj viic and one years; In pursuance of the forsaid acts of parliament have in Like maner prohibited and discharged the Importing of any grain or victuall from the said kingdome of Ireland from and after the date of the forsaid proclamation under the paines and Certificationes contained in the forsaid acts of parliament; And Wee Considering the best and fittest way for makeing the Saids acts effectuall and puting the Same to due and vigerous executione To be that Some persone or persones of vigilancie and fidelitie be Commissioned and Impowered with carefulnes to appoint deputes Servants and others to watch alongst the Sea Coasts at Such places wher the said victuall uses to be Imported Therfore wee with the advice of the Lords of our privy Councill Doe hereby Give and grant Full power authority and Commission to Laurance Crafurd of Jordanhill by himself his deputes and Servants and Such others as he shall think fitt to appoint (For whom he Shall be answerable) To putt all Lawes acts and proclamationes against Importing of Irish grain or victuall to due and vigerous execution dureing the Standing of this Commission; And for that effect to Search for Seize and apprehend all Irish victuall Imported from Ireland and this kingdome Since the first day of February last by past (not allowed of by the Lords of privy Councill) And that for and within the bounds betwixt the thrie March Stones at the Mouth of Lochryanbee wet Glenney being the March betwixt the Shirifdomes of Air and Galloway wnto the Sound of Mull inclusive whither on the Main or Isles belonging to this kingdome within the Saids bounds, Which victuall So Imported the said Lawrance Crafurd of Jordanhill and these intrusted and Imployed by him are hereby authorized and Requyred to Secure effectually without Suffering the Same in the least to be disposed upon or Imbazled untill the Seizures be represented to our Councill and their Lordships order hade theranent Which the saids Lowrance Crafurd and his forsaids are hereby bound punctually to obey; As also to seize upon and apprehend and to take into their Custodie the boats Barks and other vissells wherin the said victuall Shall be Imported which are hereby declared to be Confiscat to be disposed upon as the Lords of our Councill Shall appoint; As also to intromitt with and dispose upon the half of the fynes Imposed upon the Importers resetters or heritors by the saids acts of parliament for their oun use; and for the more effectuall executione of this our Commission; Wee with advice forsaid Grant full power warrand and authority to the Said Laurance Craufurd of Jordanhill and his forsaids within the bounds abovementioned to Seize all barks passadge Boatts whither Scots or Irish untill the Skippers and owners therof find Caution that they shall not Import Irish victuall; With power to our said Commissioner and his forsaids to Search for all boats barks or other vessells wherin any Irish victuall may be Suspected to be aboard in order to be Imported; And upon discoverie therof to put the Lawes and acts of parliament made against Importing victuall from Ireland to all vigirous execution; and if upon pregnant presumptions our said Commissioner or these intrusted by him shall suspect any persones guilty of Importing Irish victuall into this kingdome or resetting therof; They are hereby Impowered and authorized to Conveen any Such person or persones before the Nearest magistrates of Burgh or Landward And to Lead all maner of probation against them for Convicting them therof, Wherupon the Saids Magistrats are to give present and readie Justice and all Shirriffs Stewarts Baillies of Regallities and Burrowes and all heritors to give their Speedy assistance to our Said Commissioner; And these intrusted by him when ever they Shall be requyred for the more effectuall execution hereof; and also the officers of any of our Garisons or troops Shall be oblidged to concurr and assist with a partie of Souldiers as they Shall be desired upon any extraordinary occasion; And the Said Lowrance Crafurd of Jordanhill and these intrusted by him are hereby Impowered with Consent of the Magistrats of the place Conforme to and in the termes of the forsaids acts of parliament to send any person to prison found guilty of Contraveening the saids Laws and acts of parliament made against Importing of Irish victuall into this kingdome and resett therof The Said Magistrates being free of the prisoners charges and incaice any persone or persons Shall make open resistance against the said Lowrance Crafurd and his forsaids or any called to their assistance; The Said Lowrance Crafurd and these intrusted or Imployed by him for giveing assistance to them Shall never be called in question or pursued therfore Civilly or Criminally in time comeing but he and they are hereby fully freed and indemnified therof for ever with power also to the said Lowrance Crafurd and his forsaids to Search for and Seize all Irish victuall that hath been Imported before the said first of February and is yet extant; as also to Call in question pursue and Cause punish all transgressors of the saids acts and proclamationes preceeding the forsaid first day of February, as Likewayes to enquyre into all Malversationes of former Commissioners and their deputs in the discharge of ther Saids Commissiones; and to take the exact information and tryall therof and how the Same may be proven, and to report the Same to our Councill That they may be duely punished and that betwixt and the tenth day of June nixt to come; And it is hereby Declared That the said Lawrance Crafurd of Jordanhill before takeing out of this present Commission shall find Caution that for every boat of Irish victuall that Shall be Imported within the bounds forsaid after the day and date hereof and Shall not be seized by him or these intrusted by him he Shall be Lyable to pay to the receiver of our Crown rents the Soume of One hundred pounds Sterling Unless at least they Seize upon the Men and victuall and resetters therof within twentie dayes after the boat has made its escape and give ane accompt therof to the Lords of our privy Councill; which Shall exoner protanto As Likewayes he Shall find Caution to be Lyable in the Like pain of ane hundred pounds Sterling for every seizure of Irish victuall he shall make and not secure and report to our Councill within twentie dayes therafter in maner above provided; And for the said Lowrance Crafurd of Jordanhill his farder encouragment Wee with advice forsaid allow him to retaine and apply for his oun use and behoove The half of the fynes provided and payable to us by the Lawes and acts of parliament made against Importing of Irish victuall And Likewayes Shall grant him Such furder allowance for his paines and Sallarie as they Shall find his dilligence to deserve And this Commission to endure and Continue ay and whill the Samen be recalled Given under our Signet at Edinburgh the Nynth day of March 1703 Sic Subscribitur Seafeild cancellar, Loudoune Findlator Roseberrie. James Murray. James Steuart C Campbell. Robert Stewart. Geoge Lockhart.

[9 March 1703] Eodem Die Post Meridiem

A1703/3/281

Commission by the Council

Commission In favors of Crafurd of Jordanhill anent the Importation of Irish victuall

Anne by the Grace of God Queen of Great Brittaine France and Ireland defender of the faith; To all and Sundrie and our Leidges whom it effeirs; Forasmuchas the Importing of Irish victuall of any sort into this kingdome is discharged by severall Lawes and acts of parliament under the paines and Certificationes therincontained; as also wee with advice of the Lords of our privy Councill by our proclamation of the date the Sixth day of January Jaj viic and one years; In pursuance of the forsaid acts of parliament have in Like maner prohibited and discharged the Importing of any grain or victuall from the said kingdome of Ireland from and after the date of the forsaid proclamation under the paines and Certificationes contained in the forsaid acts of parliament; And Wee Considering the best and fittest way for makeing the Saids acts effectuall and puting the Same to due and vigerous executione To be that Some persone or persones of vigilancie and fidelitie be Commissioned and Impowered with carefulnes to appoint deputes Servants and others to watch alongst the Sea Coasts at Such places wher the said victuall uses to be Imported Therfore wee with the advice of the Lords of our privy Councill Doe hereby Give and grant Full power authority and Commission to Laurance Crafurd of Jordanhill by himself his deputes and Servants and Such others as he shall think fitt to appoint (For whom he Shall be answerable) To putt all Lawes acts and proclamationes against Importing of Irish grain or victuall to due and vigerous execution dureing the Standing of this Commission; And for that effect to Search for Seize and apprehend all Irish victuall Imported from Ireland and this kingdome Since the first day of February last by past (not allowed of by the Lords of privy Councill) And that for and within the bounds betwixt the thrie March Stones at the Mouth of Lochryanbee wet Glenney being the March betwixt the Shirifdomes of Air and Galloway wnto the Sound of Mull inclusive whither on the Main or Isles belonging to this kingdome within the Saids bounds, Which victuall So Imported the said Lawrance Crafurd of Jordanhill and these intrusted and Imployed by him are hereby authorized and Requyred to Secure effectually without Suffering the Same in the least to be disposed upon or Imbazled untill the Seizures be represented to our Councill and their Lordships order hade theranent Which the saids Lowrance Crafurd and his forsaids are hereby bound punctually to obey; As also to seize upon and apprehend and to take into their Custodie the boats Barks and other vissells wherin the said victuall Shall be Imported which are hereby declared to be Confiscat to be disposed upon as the Lords of our Councill Shall appoint; As also to intromitt with and dispose upon the half of the fynes Imposed upon the Importers resetters or heritors by the saids acts of parliament for their oun use; and for the more effectuall executione of this our Commission; Wee with advice forsaid Grant full power warrand and authority to the Said Laurance Craufurd of Jordanhill and his forsaids within the bounds abovementioned to Seize all barks passadge Boatts whither Scots or Irish untill the Skippers and owners therof find Caution that they shall not Import Irish victuall; With power to our said Commissioner and his forsaids to Search for all boats barks or other vessells wherin any Irish victuall may be Suspected to be aboard in order to be Imported; And upon discoverie therof to put the Lawes and acts of parliament made against Importing victuall from Ireland to all vigirous execution; and if upon pregnant presumptions our said Commissioner or these intrusted by him shall suspect any persones guilty of Importing Irish victuall into this kingdome or resetting therof; They are hereby Impowered and authorized to Conveen any Such person or persones before the Nearest magistrates of Burgh or Landward And to Lead all maner of probation against them for Convicting them therof, Wherupon the Saids Magistrats are to give present and readie Justice and all Shirriffs Stewarts Baillies of Regallities and Burrowes and all heritors to give their Speedy assistance to our Said Commissioner; And these intrusted by him when ever they Shall be requyred for the more effectuall execution hereof; and also the officers of any of our Garisons or troops Shall be oblidged to concurr and assist with a partie of Souldiers as they Shall be desired upon any extraordinary occasion; And the Said Lowrance Crafurd of Jordanhill and these intrusted by him are hereby Impowered with Consent of the Magistrats of the place Conforme to and in the termes of the forsaids acts of parliament to send any person to prison found guilty of Contraveening the saids Laws and acts of parliament made against Importing of Irish victuall into this kingdome and resett therof The Said Magistrates being free of the prisoners charges and incaice any persone or persons Shall make open resistance against the said Lowrance Crafurd and his forsaids or any called to their assistance; The Said Lowrance Crafurd and these intrusted or Imployed by him for giveing assistance to them Shall never be called in question or pursued therfore Civilly or Criminally in time comeing but he and they are hereby fully freed and indemnified therof for ever with power also to the said Lowrance Crafurd and his forsaids to Search for and Seize all Irish victuall that hath been Imported before the said first of February and is yet extant; as also to Call in question pursue and Cause punish all transgressors of the saids acts and proclamationes preceeding the forsaid first day of February, as Likewayes to enquyre into all Malversationes of former Commissioners and their deputs in the discharge of ther Saids Commissiones; and to take the exact information and tryall therof and how the Same may be proven, and to report the Same to our Councill That they may be duely punished and that betwixt and the tenth day of June nixt to come; And it is hereby Declared That the said Lawrance Crafurd of Jordanhill before takeing out of this present Commission shall find Caution that for every boat of Irish victuall that Shall be Imported within the bounds forsaid after the day and date hereof and Shall not be seized by him or these intrusted by him he Shall be Lyable to pay to the receiver of our Crown rents the Soume of One hundred pounds Sterling Unless at least they Seize upon the Men and victuall and resetters therof within twentie dayes after the boat has made its escape and give ane accompt therof to the Lords of our privy Councill; which Shall exoner protanto As Likewayes he Shall find Caution to be Lyable in the Like pain of ane hundred pounds Sterling for every seizure of Irish victuall he shall make and not secure and report to our Councill within twentie dayes therafter in maner above provided; And for the said Lowrance Crafurd of Jordanhill his farder encouragment Wee with advice forsaid allow him to retaine and apply for his oun use and behoove The half of the fynes provided and payable to us by the Lawes and acts of parliament made against Importing of Irish victuall And Likewayes Shall grant him Such furder allowance for his paines and Sallarie as they Shall find his dilligence to deserve And this Commission to endure and Continue ay and whill the Samen be recalled Given under our Signet at Edinburgh the Nynth day of March 1703 Sic Subscribitur Seafeild cancellar, Loudoune Findlator Roseberrie. James Murray. James Steuart C Campbell. Robert Stewart. Geoge Lockhart.

1. NRS, PC1/52, 532-5.

1. NRS, PC1/52, 532-5.

Act, 9 March 1703 (pm), Edinburgh

Posted on by

[9 March 1703] Eodem Die Post Meridiem

A1703/3/271

Act

Act for Passing The Earle of Lauderdales Commission as Generall of the Mint per Saltum

Anent the Petition given in to the Lords of her Majesties privy Councill be John Earle of Lauderdale Shewing That wher it had pleased her Majestie to grant in the petitioners favors a Commission to be generall of her Majesties Mint dureing her Majesties pleasure And which Commission wants a warrand for passing the great seall per Saltum; which are allwayes in use to be Supplied by the saids Lords when wanting And Therfore humbly Craveing to the effect aftermentioned The Lords of her Majesties privy Councill; Haveing Considered the petition above wryten given in to them by John Earle of Lauderdale And the Samen being read in their presence; The saids Lords doe hereby Order the said Commission to pass the great Seall per Saltum; and Grants warrand to the director of her Majesties Chancelory and his deputes for wryteing therof; and to the keepers of the great seall and his deputs for appending the samen therto; without passing any other Register or Seall.

[9 March 1703] Eodem Die Post Meridiem

A1703/3/271

Act

Act for Passing The Earle of Lauderdales Commission as Generall of the Mint per Saltum

Anent the Petition given in to the Lords of her Majesties privy Councill be John Earle of Lauderdale Shewing That wher it had pleased her Majestie to grant in the petitioners favors a Commission to be generall of her Majesties Mint dureing her Majesties pleasure And which Commission wants a warrand for passing the great seall per Saltum; which are allwayes in use to be Supplied by the saids Lords when wanting And Therfore humbly Craveing to the effect aftermentioned The Lords of her Majesties privy Councill; Haveing Considered the petition above wryten given in to them by John Earle of Lauderdale And the Samen being read in their presence; The saids Lords doe hereby Order the said Commission to pass the great Seall per Saltum; and Grants warrand to the director of her Majesties Chancelory and his deputes for wryteing therof; and to the keepers of the great seall and his deputs for appending the samen therto; without passing any other Register or Seall.

1. NRS, PC1/52, 531.

1. NRS, PC1/52, 531.

Procedure, 9 March 1703 (pm), Edinburgh

Posted on by

[9 March 1703] Eodem Die Post Meridiem

A1703/3/261

Procedure

Commission In Favors of Sir John McKenzie of Assint to be Shirreff principall of Ross

Commission under the great Seall of this kingdom In favors of Mr John McKenzie of Assint to be Shirreff principall of the Shirrifdome of Ross being presented by Sir Gilbert Eliot one of the saids Lords Clerks The Samen was Read and ordered to be Recorded; and therafter delyvered by my Lord Chancelor to the said Sir Gilbert Eliot in name and in absence of the said Mr John Mckenzie who received the samen upon his knee as use is; And the samen was delyvered to the Lord Justice Clerk for the use of the said Mr John Mckenzie.
Followes the Commission
Anna Dei Gratia Magnae Brittaniae Franciae et Hiberniae Regina fideique defensor Omnibus hominibus ad quos presentes Literae Nostrae pervenerint Salutem Quandoquidem nos sedulo Cupientes et Curantes Justiciam Omnibus subditis nostris intra omnes limites vicecomitatus nostri de Ross administrari et Tempestivum Remedium in hunc effectum providere Cumque satis Compertum habeamus fidelitatem Integritatem aliasque praeclaras animis2 dotos Magistri Joannis McKenzie de Assint [No]veritis Igitur nos fecisse Constituisse et Ordinasse sicuti per hasce Literas nostras facimus Constituimus et ordinamus dictum Magistrum Joannem McKenzie vicecomitatem dicti vice Comitatus nostri de Ross Dando et Concedendo illi (Durante nostro beneplacito solummodo) Idem Munus et officium vicecomitis praedicti Cum omnibus potestatibus Jurisdictionibus feodis Casualitatibus privilegiis et Immunitatibus quibusque eo spectantibus Cum pleneria3 potestate sibi eodem officio uttendi4 et exercendi et omnibus Liberalitatibus privilegiis dignitatibus Immunitatibus proficuis emolumentis feodis et Casualitatibus eo spectantibus vel quae ad idem spectare et pertinere dignoscuntur potiundi speciatum vero cum potestate dicto Magistro Joanni McKenzie deputatos serjandos aliaque Curiae membra necessaria (Demptis Clericis) pro quibus respondebit sub se Nominandi et Constituendi et ab illis Juramenta exigendi et generaliter omnia et singula penes dicti officii vicecomitis functionem Requisita agendi et exercendi tam plenarie in omnibus respectibus et Conditionibus quam quovis alius vicecomes in dicto regno fecit seu functus est vel quae ad vice Comitis Privilegium pertinuere5 dignoscuntur, et per presentes Omnes priores Commissiones vicecomitis dicti vicecomitatus de Ross Cuivis personae seu personis Revocamus et Inhibemus ac omni tempore futuro Nullas esse et vaccuas declaramus In Cujus Rei Testimonium presentibus Magnum Sigillum Nostrum appendi praecipimus apud aulam nostram de St James’s Ultimo die Mensis decembris anno domini Millesimo septingentesimo secundo et Anno Regni nostri primo Per Signaturam Manu S: D: N: Reginae supra scriptam Wryten to the great seall and Registrat the Eight day of March 1703 Sic Subscribitur Ron: Campbell deput Sealled at Edinburgh The Eight day of March One thousand seven hundred and thrie years By speciall order till the Seall be renewed Sic Subscribitur Alexander Ogilvie

[9 March 1703] Eodem Die Post Meridiem

A1703/3/261

Procedure

Commission In Favors of Sir John McKenzie of Assint to be Shirreff principall of Ross

Commission under the great Seall of this kingdom In favors of Mr John McKenzie of Assint to be Shirreff principall of the Shirrifdome of Ross being presented by Sir Gilbert Eliot one of the saids Lords Clerks The Samen was Read and ordered to be Recorded; and therafter delyvered by my Lord Chancelor to the said Sir Gilbert Eliot in name and in absence of the said Mr John Mckenzie who received the samen upon his knee as use is; And the samen was delyvered to the Lord Justice Clerk for the use of the said Mr John Mckenzie.
Followes the Commission
Anna Dei Gratia Magnae Brittaniae Franciae et Hiberniae Regina fideique defensor Omnibus hominibus ad quos presentes Literae Nostrae pervenerint Salutem Quandoquidem nos sedulo Cupientes et Curantes Justiciam Omnibus subditis nostris intra omnes limites vicecomitatus nostri de Ross administrari et Tempestivum Remedium in hunc effectum providere Cumque satis Compertum habeamus fidelitatem Integritatem aliasque praeclaras animis2 dotos Magistri Joannis McKenzie de Assint [No]veritis Igitur nos fecisse Constituisse et Ordinasse sicuti per hasce Literas nostras facimus Constituimus et ordinamus dictum Magistrum Joannem McKenzie vicecomitatem dicti vice Comitatus nostri de Ross Dando et Concedendo illi (Durante nostro beneplacito solummodo) Idem Munus et officium vicecomitis praedicti Cum omnibus potestatibus Jurisdictionibus feodis Casualitatibus privilegiis et Immunitatibus quibusque eo spectantibus Cum pleneria3 potestate sibi eodem officio uttendi4 et exercendi et omnibus Liberalitatibus privilegiis dignitatibus Immunitatibus proficuis emolumentis feodis et Casualitatibus eo spectantibus vel quae ad idem spectare et pertinere dignoscuntur potiundi speciatum vero cum potestate dicto Magistro Joanni McKenzie deputatos serjandos aliaque Curiae membra necessaria (Demptis Clericis) pro quibus respondebit sub se Nominandi et Constituendi et ab illis Juramenta exigendi et generaliter omnia et singula penes dicti officii vicecomitis functionem Requisita agendi et exercendi tam plenarie in omnibus respectibus et Conditionibus quam quovis alius vicecomes in dicto regno fecit seu functus est vel quae ad vice Comitis Privilegium pertinuere5 dignoscuntur, et per presentes Omnes priores Commissiones vicecomitis dicti vicecomitatus de Ross Cuivis personae seu personis Revocamus et Inhibemus ac omni tempore futuro Nullas esse et vaccuas declaramus In Cujus Rei Testimonium presentibus Magnum Sigillum Nostrum appendi praecipimus apud aulam nostram de St James’s Ultimo die Mensis decembris anno domini Millesimo septingentesimo secundo et Anno Regni nostri primo Per Signaturam Manu S: D: N: Reginae supra scriptam Wryten to the great seall and Registrat the Eight day of March 1703 Sic Subscribitur Ron: Campbell deput Sealled at Edinburgh The Eight day of March One thousand seven hundred and thrie years By speciall order till the Seall be renewed Sic Subscribitur Alexander Ogilvie

1. NRS, PC1/52, 530-1.

2. Sic.

3. Sic.

4. Sic.

5. Sic. Recte ‘pertinere’.

1. NRS, PC1/52, 530-1.

2. Sic.

3. Sic.

4. Sic.

5. Sic. Recte ‘pertinere’.

Sederunt, 9 March 1703 (pm), Edinburgh

Posted on by

[9 March 1703] Eodem Die Post Meridiem1

A1703/3/252

Sederunt

Lord Chancelor; Earl of Buchan; Earl of Eglingtoune; Earl of Lauderdale; Earl of Loudon; Earl of Finlator; Viscount Rosebery; Lord Haddo; Lord Register; Lord Advocat; Lord Justice Clerk; Lord Aberurchill; Lord Halcraig; Lord Anstruther; Lord Tillicultrie; Mr Fra: Montgomry; Laird of Collingtoune; Laird of Caringtoun; Laird of Carnwath; Lord Provost of Edinburgh

[9 March 1703] Eodem Die Post Meridiem1

A1703/3/252

Sederunt

Lord Chancelor; Earl of Buchan; Earl of Eglingtoune; Earl of Lauderdale; Earl of Loudon; Earl of Finlator; Viscount Rosebery; Lord Haddo; Lord Register; Lord Advocat; Lord Justice Clerk; Lord Aberurchill; Lord Halcraig; Lord Anstruther; Lord Tillicultrie; Mr Fra: Montgomry; Laird of Collingtoune; Laird of Caringtoun; Laird of Carnwath; Lord Provost of Edinburgh

1. NRS, PC1/52, 529.

2. NRS, PC1/52, 529.

1. NRS, PC1/52, 529.

2. NRS, PC1/52, 529.