Tag Archives: April

Petition, 17 April 1701, Edinburgh

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Att Edinburgh The seventeenth day of Apryll 1701

D1701/4/141

Petition

Aliment to the Lady Cluthick

Anent the petition given in and presented to the Lords of privie Councill By Catherine Douglas Relict of the deceast John Campbell of Clathick Humbly Shewing That in the petitioners Contract of Mariage with he said Deceast husband she had a Lyfrent provision of six hundreth merks yearly out of his Lands of Clathick and was infeft therupon in anno Jaj vjc nynty three Her Father Mr William Douglas of Bands being oblidged for six Thousand merks of Tocher in the forsaid Contract Did make most punctwall payment therof upon the faith that her lyfrent would be effectwall and that her husbands lands were worth tuelve hundreth merks per annum after her husband comeing to die in anno Jaj vjc nynty fyve Leaveing her with a sone and a Daughter she was keeped out of or thrust from the possession of her Liferent by Coline Campbell of Lochland who brevi manu without any order of Law took possession of all both Lands and moveables that her husband had left and hes airtfully keeped her from persewing hiherto by fair promises and overtures of submissions till it cam to the subscryveing To which she gave ear not desireing to be heard in Law by reason of the profound respect she bore to her Husbands memorie and that she had no means to play Whyle in the mean time she hes been necessitat to contract debts for her subsistance besides the Charritie of her freinds The petitioner did therfore most humblie apply to their Lordships Justice and Compassion for ane aliment against the said Coline Campbell of Lochland who hes being and is still in possession of Her husbands estate The Lands extending to about tuelve hundreth merks yearly The victwall wherof dureing the time of this late dearth amounts to a great value and the moveables being about three thousand merks in estimat wherof he hes never made any accompt wpon these grounds primo That the petitioner standing infeft of the forsaid six hundreth merks yearly Her Husbands possession was her possession And consequently she had good intrest to claim the being reponed therunto Being put therfrom by Lochland without any order of Law as a forsaid Their Lordships being in use to right his majesties Leidges in their possession and more especially the Widowes and orphans who are in a peculiar mainer under His Majesties protection Secudo This being ane Intervall of the sitting of the session while it was Interrupted by the Sitting of parliament And she haveing no means so much as for raising of proceses for makeing his right fully effectwall before their Lordships It as most humbly hoped that in the mean time Their Lordships would at the Least modifie ane aliment to the petitioner That she and one of her Children who stayes with her may not starve And Decerne in respect of the bygones resting to her wuch a Compitent soume for receiveing her most pressing debts and caryeing on her proces as their Lordships shall think fitt Tertio As the petitioner Could not think That Lochland would make any opposition heirunto In respect it will be alloued to him in his accompts and Defalked from the petitioner when she claims the rests so if there were not some remeids for poor destitute widows in such a Circumstantiat cause Then it would be easie for any person who had the confidence to thrust himself into possession of what belongs to them in the Highlands or near it (On the faith wherof the Loan of money cannot well be expected here) and they never be in capacitie of recovering it or wanting aither expenses or subsistance which necessarly bring the matter under the Justice and regulation of the Government Naither can it be pretended for Lochland that he can cover his possession by ane Adjudication ledd against the petitioners Husband at the instance of his mother and assigned to Lochland her husbands mother the Adjudger For in the first place as the very telling of this speaks in trust for the petitioners husbands behove which in consequence did accress to the petitioners right it being the deed of a mother so defacto Lochland cannot deny that he granted a Backbond (Wherof a double was shouen to their Lordships) oblidging himself be denude in favours of the petitioners husband or a blank person upon payment of tuo thousand and odd pounds Which soume is much more then Quadruple payed by his forsaids Intromissions In the second place The petitioners infeftment in the year Jaj vjc Nynty three is confessedlie prir and therfore preferrable to this posteriror Adjudication Especially considering the late act of parliament anent appearand heirs But in the third place The legall of this Adjucaction is still Current And as it is extinct by Intromissions so the estate is far beyond any debt due by the late Heretors of it And if there by any Clamour made wpon that head it can only proceed from manifast disingenuitie and designe of shifteing the petitioenrs Just right by rendering her incapable aither to live or prosecute it In the fourth place The petitioners demands is sufficiently Founded wpon possession which uncontrovertedly comes under the Lords of privie Councills Cognizeance For her husbands possession being her possession it was a kynd of Intrusion in Lochland to come in therupon after her husbands Death without any order of Law Whence It was most humblie hoped that their Lordships equitie and Commiseration and would care for Defence of the Widdow and Fatherles would aither Repone the petitioner to her possession or otherwayes in Liew therof Modifie her Intrest therin by appoynting ane aliment to her in the mean time without which she would never be able to make her right effectwall or to subsist Her caise being most singularly speciall and circumstantiat Therfore Craveing the saids Lords to appoynt the said Coline Campbell of Lochland possessor of the petitioners Joynture lands of of her husbands other estate to pay to her such ane aliment as their Lordships should think fitt Beginning the first erme at Whitsonday next Togither with such a soume to be Imputed in the first and of bygones As the saids Lords shall think expedient In respect of her Rights produced, The possession which was due to her, Her Incapacitie of makeing her Right fully effectwall, or substing otherwayes and the other Circumstantiat speciallities of her caise And in place of a Citation To allow the petitioner to make intimation to the said Coline Campbell As the said petition bears The Lords of His Majesties privie Councill haveing considered this petition given in to them by the Lady Clathick With Answers therto by Campbell of Lochland with a verball report of the Committie could not agree the parties They Heirby modifie and Appoynt the soume of six hundreth merks to be payed to the petitioner And Decernes and ordains the said Coline Campbell of Lohland who is possessor of the petitioners Joynture lands to make payment to her of the samen at the termes of Whitsonday and Lambas next to come three hundreth merks at each terme And that for the petitioners aliment ay and whill the Lands wheron she was said to be infeft shall be sold and disposed on before the Lords of Session before whom they are Informed a proces of sale is depending presently

Att Edinburgh The seventeenth day of Apryll 1701

D1701/4/141

Petition

Aliment to the Lady Cluthick

Anent the petition given in and presented to the Lords of privie Councill By Catherine Douglas Relict of the deceast John Campbell of Clathick Humbly Shewing That in the petitioners Contract of Mariage with he said Deceast husband she had a Lyfrent provision of six hundreth merks yearly out of his Lands of Clathick and was infeft therupon in anno Jaj vjc nynty three Her Father Mr William Douglas of Bands being oblidged for six Thousand merks of Tocher in the forsaid Contract Did make most punctwall payment therof upon the faith that her lyfrent would be effectwall and that her husbands lands were worth tuelve hundreth merks per annum after her husband comeing to die in anno Jaj vjc nynty fyve Leaveing her with a sone and a Daughter she was keeped out of or thrust from the possession of her Liferent by Coline Campbell of Lochland who brevi manu without any order of Law took possession of all both Lands and moveables that her husband had left and hes airtfully keeped her from persewing hiherto by fair promises and overtures of submissions till it cam to the subscryveing To which she gave ear not desireing to be heard in Law by reason of the profound respect she bore to her Husbands memorie and that she had no means to play Whyle in the mean time she hes been necessitat to contract debts for her subsistance besides the Charritie of her freinds The petitioner did therfore most humblie apply to their Lordships Justice and Compassion for ane aliment against the said Coline Campbell of Lochland who hes being and is still in possession of Her husbands estate The Lands extending to about tuelve hundreth merks yearly The victwall wherof dureing the time of this late dearth amounts to a great value and the moveables being about three thousand merks in estimat wherof he hes never made any accompt wpon these grounds primo That the petitioner standing infeft of the forsaid six hundreth merks yearly Her Husbands possession was her possession And consequently she had good intrest to claim the being reponed therunto Being put therfrom by Lochland without any order of Law as a forsaid Their Lordships being in use to right his majesties Leidges in their possession and more especially the Widowes and orphans who are in a peculiar mainer under His Majesties protection Secudo This being ane Intervall of the sitting of the session while it was Interrupted by the Sitting of parliament And she haveing no means so much as for raising of proceses for makeing his right fully effectwall before their Lordships It as most humbly hoped that in the mean time Their Lordships would at the Least modifie ane aliment to the petitioner That she and one of her Children who stayes with her may not starve And Decerne in respect of the bygones resting to her wuch a Compitent soume for receiveing her most pressing debts and caryeing on her proces as their Lordships shall think fitt Tertio As the petitioner Could not think That Lochland would make any opposition heirunto In respect it will be alloued to him in his accompts and Defalked from the petitioner when she claims the rests so if there were not some remeids for poor destitute widows in such a Circumstantiat cause Then it would be easie for any person who had the confidence to thrust himself into possession of what belongs to them in the Highlands or near it (On the faith wherof the Loan of money cannot well be expected here) and they never be in capacitie of recovering it or wanting aither expenses or subsistance which necessarly bring the matter under the Justice and regulation of the Government Naither can it be pretended for Lochland that he can cover his possession by ane Adjudication ledd against the petitioners Husband at the instance of his mother and assigned to Lochland her husbands mother the Adjudger For in the first place as the very telling of this speaks in trust for the petitioners husbands behove which in consequence did accress to the petitioners right it being the deed of a mother so defacto Lochland cannot deny that he granted a Backbond (Wherof a double was shouen to their Lordships) oblidging himself be denude in favours of the petitioners husband or a blank person upon payment of tuo thousand and odd pounds Which soume is much more then Quadruple payed by his forsaids Intromissions In the second place The petitioners infeftment in the year Jaj vjc Nynty three is confessedlie prir and therfore preferrable to this posteriror Adjudication Especially considering the late act of parliament anent appearand heirs But in the third place The legall of this Adjucaction is still Current And as it is extinct by Intromissions so the estate is far beyond any debt due by the late Heretors of it And if there by any Clamour made wpon that head it can only proceed from manifast disingenuitie and designe of shifteing the petitioenrs Just right by rendering her incapable aither to live or prosecute it In the fourth place The petitioners demands is sufficiently Founded wpon possession which uncontrovertedly comes under the Lords of privie Councills Cognizeance For her husbands possession being her possession it was a kynd of Intrusion in Lochland to come in therupon after her husbands Death without any order of Law Whence It was most humblie hoped that their Lordships equitie and Commiseration and would care for Defence of the Widdow and Fatherles would aither Repone the petitioner to her possession or otherwayes in Liew therof Modifie her Intrest therin by appoynting ane aliment to her in the mean time without which she would never be able to make her right effectwall or to subsist Her caise being most singularly speciall and circumstantiat Therfore Craveing the saids Lords to appoynt the said Coline Campbell of Lochland possessor of the petitioners Joynture lands of of her husbands other estate to pay to her such ane aliment as their Lordships should think fitt Beginning the first erme at Whitsonday next Togither with such a soume to be Imputed in the first and of bygones As the saids Lords shall think expedient In respect of her Rights produced, The possession which was due to her, Her Incapacitie of makeing her Right fully effectwall, or substing otherwayes and the other Circumstantiat speciallities of her caise And in place of a Citation To allow the petitioner to make intimation to the said Coline Campbell As the said petition bears The Lords of His Majesties privie Councill haveing considered this petition given in to them by the Lady Clathick With Answers therto by Campbell of Lochland with a verball report of the Committie could not agree the parties They Heirby modifie and Appoynt the soume of six hundreth merks to be payed to the petitioner And Decernes and ordains the said Coline Campbell of Lohland who is possessor of the petitioners Joynture lands to make payment to her of the samen at the termes of Whitsonday and Lambas next to come three hundreth merks at each terme And that for the petitioners aliment ay and whill the Lands wheron she was said to be infeft shall be sold and disposed on before the Lords of Session before whom they are Informed a proces of sale is depending presently

1. NRS, PC2/28, 81v-83v.

1. NRS, PC2/28, 81v-83v.

Act, 17 April 1701, Edinburgh

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Att Edinburgh The seventeenth day of Apryll 1701

D1701/4/131

Act

Act Livetenant Collonell Erskine anent the stipends of Culross, Carnock and others

Anent the petition given in to the Lords of His Majesties privie Councill by Livtennant Collonell John Erskine Governor of the Castle of Dumbartain Shewing That wher the petitioner obtained decreit of sale before the Lords of Councill and Session at his instance of the haill Lands Estate and others sometimes pertaining to the deceast Alexander Earle of Kincardin By vertue wherof and by the laues and acts of parliament of this Kingdome The petitioner hes good and undoubted right to the patronages of the Kirks of Culross, Carnock, Torrie and Tullieallan And also to Dispose upon the vaccant stipends of the saids kirks to pious uses within the saids severall paroches And in persewance of his Right of the saids vaccant stipends for applyeing the same for pious uses The petitioner hes granted a Commission To John Crocker for uplifting of the same As the forsaid Decreit of sale with the Commission abovementioend shouen to the saids Lords Doe testifie And seing the petitioner is not as yet Infeft wpon the forsaid Decreit of sale And so his Father cannot use summar execution against the tennents and others subject and lyable in payment of the said vaccant stipend Wherby the saids vaccant stipends may perish in the tennents hands unles remeid were provyded And therefore humbly Craveing To the effect aftermentioned As the said petition bears The Lords of His Majesties privie Councill haveing considered this petition given in to them by the said Livetennant Collonell John Erskine Governour of the Castle of Dumbartain with the Factorie or Commission by the said Livtennant Collonell to John Crocket in Kinardin mentioned in and produced with the said petition They heirby allow the said Livetennant Collonell John Arskine The haill vaccant stipends of the above four paroches of Culross, Carnock, Torrie and Tullieallan Dureing the whole years and time for which they have bein vaccant And ay and whill the saids kirks be filled up and supplied with Ministers in cace they be still vaccant And Decernes and ordaines the said John Crocket Factor forsaid To be readily ansuered obeyed and payed of the saids stipends by the Heretors Lyfrenters Fermorers wodseters Titulars Tacksmen of teinds tennents possessors and others Lyable in payment therof (The expenses alloued to Ministers who have or shall preach at any of the saids Churches dureing the vaccancie being allwayes alloued to minister who have or shall preach at any of the saids Churches dureing the vaccancie being allwayes allowed and Retained out of the first end of the saids vaccant stipends) And ordains Letters of Horning under the signet of Councill on fyftein dayes to pass heiron at the instance of the said John Crocket Factor forsaid against the Heretors and others forsaid lyable in payment of the saids vaccant stipnds with allouance as said is And that upon production of a Decreit of Locallity And Icaice there be non ordains The heretors and others forsaid To make payment to the said Factor of their Respective proportions of the saids vaccant stipends (allowing of the expenses as said is) according as the same shall be determined by the Judge ordinar

Att Edinburgh The seventeenth day of Apryll 1701

D1701/4/131

Act

Act Livetenant Collonell Erskine anent the stipends of Culross, Carnock and others

Anent the petition given in to the Lords of His Majesties privie Councill by Livtennant Collonell John Erskine Governor of the Castle of Dumbartain Shewing That wher the petitioner obtained decreit of sale before the Lords of Councill and Session at his instance of the haill Lands Estate and others sometimes pertaining to the deceast Alexander Earle of Kincardin By vertue wherof and by the laues and acts of parliament of this Kingdome The petitioner hes good and undoubted right to the patronages of the Kirks of Culross, Carnock, Torrie and Tullieallan And also to Dispose upon the vaccant stipends of the saids kirks to pious uses within the saids severall paroches And in persewance of his Right of the saids vaccant stipends for applyeing the same for pious uses The petitioner hes granted a Commission To John Crocker for uplifting of the same As the forsaid Decreit of sale with the Commission abovementioend shouen to the saids Lords Doe testifie And seing the petitioner is not as yet Infeft wpon the forsaid Decreit of sale And so his Father cannot use summar execution against the tennents and others subject and lyable in payment of the said vaccant stipend Wherby the saids vaccant stipends may perish in the tennents hands unles remeid were provyded And therefore humbly Craveing To the effect aftermentioned As the said petition bears The Lords of His Majesties privie Councill haveing considered this petition given in to them by the said Livetennant Collonell John Erskine Governour of the Castle of Dumbartain with the Factorie or Commission by the said Livtennant Collonell to John Crocket in Kinardin mentioned in and produced with the said petition They heirby allow the said Livetennant Collonell John Arskine The haill vaccant stipends of the above four paroches of Culross, Carnock, Torrie and Tullieallan Dureing the whole years and time for which they have bein vaccant And ay and whill the saids kirks be filled up and supplied with Ministers in cace they be still vaccant And Decernes and ordaines the said John Crocket Factor forsaid To be readily ansuered obeyed and payed of the saids stipends by the Heretors Lyfrenters Fermorers wodseters Titulars Tacksmen of teinds tennents possessors and others Lyable in payment therof (The expenses alloued to Ministers who have or shall preach at any of the saids Churches dureing the vaccancie being allwayes alloued to minister who have or shall preach at any of the saids Churches dureing the vaccancie being allwayes allowed and Retained out of the first end of the saids vaccant stipends) And ordains Letters of Horning under the signet of Councill on fyftein dayes to pass heiron at the instance of the said John Crocket Factor forsaid against the Heretors and others forsaid lyable in payment of the saids vaccant stipnds with allouance as said is And that upon production of a Decreit of Locallity And Icaice there be non ordains The heretors and others forsaid To make payment to the said Factor of their Respective proportions of the saids vaccant stipends (allowing of the expenses as said is) according as the same shall be determined by the Judge ordinar

1. NRS, PC2/28, 80v-81v.

1. NRS, PC2/28, 80v-81v.

Sederunt, 17 April 1701, Edinburgh

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Att Edinburgh The seventeenth day of Apryll 17011

D1701/4/122

Sederunt

Lord Chancelor; Earl of Annandale; Viscount Tarbat; Lord Montgomrie; Lord Polwarth; Lord Forbes; Lord President of Session; Lord Advocat; Lord Thesaurer deput; Lord Justice clerk; Lord Aberuchill; Lord Crocerig; Lord Rankeilor; Lord Phesdo; Mr Fances Montgomrie; Laird of Grant; Lord provost of Edinburgh

Att Edinburgh The seventeenth day of Apryll 17011

D1701/4/122

Sederunt

Lord Chancelor; Earl of Annandale; Viscount Tarbat; Lord Montgomrie; Lord Polwarth; Lord Forbes; Lord President of Session; Lord Advocat; Lord Thesaurer deput; Lord Justice clerk; Lord Aberuchill; Lord Crocerig; Lord Rankeilor; Lord Phesdo; Mr Fances Montgomrie; Laird of Grant; Lord provost of Edinburgh

1. NRS, PC2/28, 80v.

2. NRS, PC2/28, 80v.

1. NRS, PC2/28, 80v.

2. NRS, PC2/28, 80v.

Act, 15 April 1701, Edinburgh

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Att Edinburgh the Fyfteinth day of Apryll 1701

D1701/4/111

Act

Act Gavin Plummer and others anent Import some wines

Anent the petition given in to the Lords of His Majesties privie Councill by John and James Marjorybanks William Neilson Archibald Cockburne George Lauson William Dumbar John Baillie Alexander Tait Gavin Plumber for themselves and severall other Merchants in Edinburgh concerned in the Cargo of the Saint Andrew of Leith Shewing that Charles Charters Master of the Saint Andrews of Leith Loaden with Wine and Brandie from Burdeaux bound for this place was stranded at the pole head comeing out of the River of Burdeaux wpon the tuenty sixt of March last old stile and the saids petitioners haveing advyce with this post that most pairt of the Loadning is saved But that the ship is so disabled that she cannot persew the voyage And therefore Humbly Craveing in mainer and to the effect aftermentioned As the said petition bears The Lords of his Majesties privie Councill haveing consdered His petition given in to them by the saids John and James Marjorybanks William Neilson Archibald Cockburne George Lauson William Dumbar John Baillie Alexander Tait Garven Plumber for themselves and severall other Merchants in Edinburgh concerned in the Cargo aboard the saintandrew of Leith with the bills of Loadning and letters produced They Doe Allow and grant warrand to the saids petitioners to Hyre and send a ship to the River of Burdeaux And there Load aboard the number of four Tuns of vinigar and […] peices of Brandie extending to Fourtein Tunn or therby formerly shipped aboard the said Saint Andrew of Leith stranded in the said River And that thretty nyn peices of Brandie extending to ten tunne as pairt of the said Fourty Tunns are Loaded in the said ship the saintandrew Therfore Requyres and ordains the Tacksmen of His majesties customes and Forraigne excise And their substacksmen Collectors Surveyers and waiters and other officers of the Customhouse To Receave ane entrie of the saids four Tunns of vinegar And thretty nyn peices of Brandie extending to ten tune therof By the saids petitioners shipped aboard the said Saint Andrew And that albeit the said ship and Brandie shall aryve after the first day of May next to come The saids petitioners payeing the Customes and other duties used and wont And heirby Discharges all persons whatsomever to trouble or molest them in the execution of the premises

Att Edinburgh the Fyfteinth day of Apryll 1701

D1701/4/111

Act

Act Gavin Plummer and others anent Import some wines

Anent the petition given in to the Lords of His Majesties privie Councill by John and James Marjorybanks William Neilson Archibald Cockburne George Lauson William Dumbar John Baillie Alexander Tait Gavin Plumber for themselves and severall other Merchants in Edinburgh concerned in the Cargo of the Saint Andrew of Leith Shewing that Charles Charters Master of the Saint Andrews of Leith Loaden with Wine and Brandie from Burdeaux bound for this place was stranded at the pole head comeing out of the River of Burdeaux wpon the tuenty sixt of March last old stile and the saids petitioners haveing advyce with this post that most pairt of the Loadning is saved But that the ship is so disabled that she cannot persew the voyage And therefore Humbly Craveing in mainer and to the effect aftermentioned As the said petition bears The Lords of his Majesties privie Councill haveing consdered His petition given in to them by the saids John and James Marjorybanks William Neilson Archibald Cockburne George Lauson William Dumbar John Baillie Alexander Tait Garven Plumber for themselves and severall other Merchants in Edinburgh concerned in the Cargo aboard the saintandrew of Leith with the bills of Loadning and letters produced They Doe Allow and grant warrand to the saids petitioners to Hyre and send a ship to the River of Burdeaux And there Load aboard the number of four Tuns of vinigar and […] peices of Brandie extending to Fourtein Tunn or therby formerly shipped aboard the said Saint Andrew of Leith stranded in the said River And that thretty nyn peices of Brandie extending to ten tunne as pairt of the said Fourty Tunns are Loaded in the said ship the saintandrew Therfore Requyres and ordains the Tacksmen of His majesties customes and Forraigne excise And their substacksmen Collectors Surveyers and waiters and other officers of the Customhouse To Receave ane entrie of the saids four Tunns of vinegar And thretty nyn peices of Brandie extending to ten tune therof By the saids petitioners shipped aboard the said Saint Andrew And that albeit the said ship and Brandie shall aryve after the first day of May next to come The saids petitioners payeing the Customes and other duties used and wont And heirby Discharges all persons whatsomever to trouble or molest them in the execution of the premises

1. NRS, PC2/28, 80r-80v.

1. NRS, PC2/28, 80r-80v.

Petition, 15 April 1701, Edinburgh

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Att Edinburgh the Fyfteinth day of Apryll 1701

D1701/4/101

Petition

Mr David Nicolsons petition refused

The Lords of his Majesties privie Councill Haveing considered the petition given in to them by Mr David Nicolson Laufull sone to the Deceast Doctor John Nicolson late parson of Erroll against a petition given in formerly by Helen Ayton Relict of the Deceast Doctor Aleaxnder Balfour and a petition The said Helen Aytoun by way of ansuer therto They Hereby Adhere to their Interloquitor pronounced by them upon the fourt day of March last by past And have Refused and hereby Refuse the desire of the said Mr David Nicolson his petition And ordains the said act or Interloquitor pronounced upon the said Helen her petition upon the said fourt day of March last bypast to be extracted and given out

Att Edinburgh the Fyfteinth day of Apryll 1701

D1701/4/101

Petition

Mr David Nicolsons petition refused

The Lords of his Majesties privie Councill Haveing considered the petition given in to them by Mr David Nicolson Laufull sone to the Deceast Doctor John Nicolson late parson of Erroll against a petition given in formerly by Helen Ayton Relict of the Deceast Doctor Aleaxnder Balfour and a petition The said Helen Aytoun by way of ansuer therto They Hereby Adhere to their Interloquitor pronounced by them upon the fourt day of March last by past And have Refused and hereby Refuse the desire of the said Mr David Nicolson his petition And ordains the said act or Interloquitor pronounced upon the said Helen her petition upon the said fourt day of March last bypast to be extracted and given out

1. NRS, PC2/28, 79v-80r.

1. NRS, PC2/28, 79v-80r.

Act, 15 April 1701, Edinburgh

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Att Edinburgh the Fyfteinth day of Apryll 1701

D1701/4/91

Act

Act Scot of Giblistoun for Concurrence of the forces against his debitors in Zetland

Anent the petition given in and presented to the Lords of His majesties privie Coucnill By Mr George Scott of Giblistoun late stewart of Oknay Humblie Shewing That where the petitioner being for fyve years Tacksman of His Majesties rents of Orknay and Zetland He Imployed a Chamberlain in Zetland and did take Nivine of Windoues Bruce of Munus Wmphray of Sands and Mitchell of Westshoar Heretors in the Countrie Bound for the Chamberlains Dilligence and faithfullnes And the Chamberlain and his Cautioners haveing keeped up sixtein thousand punds of the Rents payable to the petitioner He was necessitat to raise his oune fortune and pay on the same to the Thesaurie in place therof and prosecuet a tedious and expensive Compt and rakening before the Lords of Session against the Chamberlain and his Cautioners And after the petitioner had obtained Decreits of suspension of the first decreit And Decreit of Adjudication therupon He was Infeft under the great seall and Decreits of Mailes and duties taken against the tennents possessors and Intrometters with the rents of the Lands Adjudged When the petitioner cam to put these dilligences in execution by Messingers at armes and Nottars publict caried from Edinburgh to Zetland of purpose Were openly and Masterfully deforced The Messinger Nottar and their assistants crewelly beat and wounded as ane Instrument of Deforce under the Messinger and Nottars hand and Diverse famours witneses2 produced did testifie and therefore Craveing to the effect aftermentioned As the said petition bears The Lords of His Majesties privie Councill haveing Considered the above petition given into them by the said Mr George Scot Giblistoun with the execution of Deforcement mentioend therin and produced therewith They heirby Give order and warrand to Samuell Maclelland present stewart of Oknay and Zetland and his successors in that office and their deputes and also the Commanding officers of any of his majesties Forces that are or shall happin to be for the time In Orknay and Zetland to give the petitioner and the Messingers at armes and other officars of the Law Imployed by him what concurrence and assistance shall be necessary for putting the petitioners Legall dilligence in execution against the above named persons debitors and tennents and Intrometters of the laws Adjudged by him

Att Edinburgh the Fyfteinth day of Apryll 1701

D1701/4/91

Act

Act Scot of Giblistoun for Concurrence of the forces against his debitors in Zetland

Anent the petition given in and presented to the Lords of His majesties privie Coucnill By Mr George Scott of Giblistoun late stewart of Oknay Humblie Shewing That where the petitioner being for fyve years Tacksman of His Majesties rents of Orknay and Zetland He Imployed a Chamberlain in Zetland and did take Nivine of Windoues Bruce of Munus Wmphray of Sands and Mitchell of Westshoar Heretors in the Countrie Bound for the Chamberlains Dilligence and faithfullnes And the Chamberlain and his Cautioners haveing keeped up sixtein thousand punds of the Rents payable to the petitioner He was necessitat to raise his oune fortune and pay on the same to the Thesaurie in place therof and prosecuet a tedious and expensive Compt and rakening before the Lords of Session against the Chamberlain and his Cautioners And after the petitioner had obtained Decreits of suspension of the first decreit And Decreit of Adjudication therupon He was Infeft under the great seall and Decreits of Mailes and duties taken against the tennents possessors and Intrometters with the rents of the Lands Adjudged When the petitioner cam to put these dilligences in execution by Messingers at armes and Nottars publict caried from Edinburgh to Zetland of purpose Were openly and Masterfully deforced The Messinger Nottar and their assistants crewelly beat and wounded as ane Instrument of Deforce under the Messinger and Nottars hand and Diverse famours witneses2 produced did testifie and therefore Craveing to the effect aftermentioned As the said petition bears The Lords of His Majesties privie Councill haveing Considered the above petition given into them by the said Mr George Scot Giblistoun with the execution of Deforcement mentioend therin and produced therewith They heirby Give order and warrand to Samuell Maclelland present stewart of Oknay and Zetland and his successors in that office and their deputes and also the Commanding officers of any of his majesties Forces that are or shall happin to be for the time In Orknay and Zetland to give the petitioner and the Messingers at armes and other officars of the Law Imployed by him what concurrence and assistance shall be necessary for putting the petitioners Legall dilligence in execution against the above named persons debitors and tennents and Intrometters of the laws Adjudged by him

1. NRS, PC2/28, 79r-79v.

2. There word ‘Heirwith’ scored out here.

1. NRS, PC2/28, 79r-79v.

2. There word ‘Heirwith’ scored out here.

Warrant, 15 April 1701, Edinburgh

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Att Edinburgh the Fyfteinth day of Apryll 1701

D1701/4/81

Warrant

Warrant for publishing the Act in favors of the Caird manufactorie at Leith

The Lords of his Majesties privie Councill Doe heirby allow the act of privie Councill In favours of the Caird Manufactorie at Leith dated the thretteinth day of March last to be published at the Mercat Cross of Edinburgh and other places needfull

Att Edinburgh the Fyfteinth day of Apryll 1701

D1701/4/81

Warrant

Warrant for publishing the Act in favors of the Caird manufactorie at Leith

The Lords of his Majesties privie Councill Doe heirby allow the act of privie Councill In favours of the Caird Manufactorie at Leith dated the thretteinth day of March last to be published at the Mercat Cross of Edinburgh and other places needfull

1. NRS, PC2/28, 79r-79v.

1. NRS, PC2/28, 79r-79v.

Act, 15 April 1701, Edinburgh

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Att Edinburgh the Fyfteinth day of Apryll 1701

D1701/4/71

Act

Act Mathias Partus and Woolslie Dischargeing summar warrands against them

Anent the petition given in and presented to the Lords of his Majesties privie Councill By Mr Mathias Partus and John Woolslie merchants Humbly Shewing That where for some time past the petitioners have setled themselves in the toun of Annan as a convenient place for sea trade Tho heretofore very litle frequented And therby have brought considerable effects into this Kingdome not only to the Advantage of his Majesties revenew at least tuelve of Fyftein hundreth pounds per annum But also the promoteing of trade and the imployeing of many people to work In this Kingdome and that with very good success But since out of prejudice envy or designe against the petitioners have of late greatly vexed them by obtaining summar warrands for arreisting their persons wpon the pretence of English debts as was not unknowne to their Lordships Which depts they were clear and Just and as for all their Scots debts They hoped they had effects in Scotland for ten times more then the value and seing they being setled residenters in this Kingdome in mainer forsaid might thorrow their Lordships favour Justly acclaim the Comon priviledge of scotsmen not ot be at all troubled by summar warrands for English debts nor yet for scots debts without there be some exraordinary cause for it Therfore Humbly Craveing to the effect aftermentioned As the said petition bears The Lords of His Majesties privie Councill haveing considered the above petition given in to them by the saids Mathias Partus and John Woolslie They Doe heirby ordain that no summar orders be given for areisting the petitioenrs persons wpon bare claims of Debt alledged due by the petitioners to Englishmen and that no such summar orders be given against the saids petitioners even upon any scots debt save by Deliverance of the Lords of privie Councill in presence

Att Edinburgh the Fyfteinth day of Apryll 1701

D1701/4/71

Act

Act Mathias Partus and Woolslie Dischargeing summar warrands against them

Anent the petition given in and presented to the Lords of his Majesties privie Councill By Mr Mathias Partus and John Woolslie merchants Humbly Shewing That where for some time past the petitioners have setled themselves in the toun of Annan as a convenient place for sea trade Tho heretofore very litle frequented And therby have brought considerable effects into this Kingdome not only to the Advantage of his Majesties revenew at least tuelve of Fyftein hundreth pounds per annum But also the promoteing of trade and the imployeing of many people to work In this Kingdome and that with very good success But since out of prejudice envy or designe against the petitioners have of late greatly vexed them by obtaining summar warrands for arreisting their persons wpon the pretence of English debts as was not unknowne to their Lordships Which depts they were clear and Just and as for all their Scots debts They hoped they had effects in Scotland for ten times more then the value and seing they being setled residenters in this Kingdome in mainer forsaid might thorrow their Lordships favour Justly acclaim the Comon priviledge of scotsmen not ot be at all troubled by summar warrands for English debts nor yet for scots debts without there be some exraordinary cause for it Therfore Humbly Craveing to the effect aftermentioned As the said petition bears The Lords of His Majesties privie Councill haveing considered the above petition given in to them by the saids Mathias Partus and John Woolslie They Doe heirby ordain that no summar orders be given for areisting the petitioenrs persons wpon bare claims of Debt alledged due by the petitioners to Englishmen and that no such summar orders be given against the saids petitioners even upon any scots debt save by Deliverance of the Lords of privie Councill in presence

1. NRS, PC2/28, 78v-79r.

1. NRS, PC2/28, 78v-79r.

Act, 15 April 1701, Edinburgh

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Att Edinburgh the Fyfteinth day of Apryll 1701

D1701/4/61

Act

Act George Linn anent a silk Manufactorie

Anent the petition given in and presented to the Lords of His Majesties privie Councill by George Lin Merchant in Edinburgh Humbly Shewing That the petitioner being presently to goe out of the Kingdome for Conduceing and Engadgeing Forraigne tradesmen Skilfull and expert in the art of makeing of stuffs made of silk, silk and hair, Worsett and silk and silk and Cotton such as is fitt for men and womens apparall whereby the Countrie may be profitablie and decently served at easie rates if due and suteable encowragements were granted by the saids Lords by Declareing and Erecting the forsaid work into a Manufactorie Conforme to the pouer and authoritie Lodged with their Lordships by the severall Laues and acts of parliament made anent Manufctories And particularly by the tuelth act of the parliament Jajvjc and Eighty seven and seing so good and usefull a work can naither be sett up nor the Charge and expenses of bringing home straingers borne without the said encurragement were granted And therfore Craveing to the effect aftermentioned As the said petition bears The Lords of His Majesties privie Councill haveing considered the above petition given in to them by the said George Lin They heirby Erect the above work of makeing stuffs made of silk, and silk and hair, and silk and Cotton and worsted and silk into a Manufactorie And Declares the same to have all the liberties priviledges and Immunities belonging and granted to any other Manufactory within the Kingdom by the acts of parliament Jaj vjc sixtie one and Jaj vjc and Eightie one years

Att Edinburgh the Fyfteinth day of Apryll 1701

D1701/4/61

Act

Act George Linn anent a silk Manufactorie

Anent the petition given in and presented to the Lords of His Majesties privie Councill by George Lin Merchant in Edinburgh Humbly Shewing That the petitioner being presently to goe out of the Kingdome for Conduceing and Engadgeing Forraigne tradesmen Skilfull and expert in the art of makeing of stuffs made of silk, silk and hair, Worsett and silk and silk and Cotton such as is fitt for men and womens apparall whereby the Countrie may be profitablie and decently served at easie rates if due and suteable encowragements were granted by the saids Lords by Declareing and Erecting the forsaid work into a Manufactorie Conforme to the pouer and authoritie Lodged with their Lordships by the severall Laues and acts of parliament made anent Manufctories And particularly by the tuelth act of the parliament Jajvjc and Eighty seven and seing so good and usefull a work can naither be sett up nor the Charge and expenses of bringing home straingers borne without the said encurragement were granted And therfore Craveing to the effect aftermentioned As the said petition bears The Lords of His Majesties privie Councill haveing considered the above petition given in to them by the said George Lin They heirby Erect the above work of makeing stuffs made of silk, and silk and hair, and silk and Cotton and worsted and silk into a Manufactorie And Declares the same to have all the liberties priviledges and Immunities belonging and granted to any other Manufactory within the Kingdom by the acts of parliament Jaj vjc sixtie one and Jaj vjc and Eightie one years

1. NRS, PC2/28, 78r-78v.

1. NRS, PC2/28, 78r-78v.

Sederunt, 15 April 1701, Edinburgh

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Att Edinburgh the Fyfteinth day of Apryll 17011

D1701/4/52

Sederunt

Lord Chancelor; Earl of Buchan; Earl of Lothian; Earl of Annandale; Viscount Tarbat; Lord Montgomrie; Lord Forbes; Lord President of Session; Lord Advocat; Lord Thesaurer deput; Lord Justice clerk; Lord Aberuchill; Lord Crocerig; Lord Rankeilor; Lord Phesdo; Mr Frances Montgomrie; Laird of Grant; Laird of Steinstoun; Lord provost of Edinburgh

Att Edinburgh the Fyfteinth day of Apryll 17011

D1701/4/52

Sederunt

Lord Chancelor; Earl of Buchan; Earl of Lothian; Earl of Annandale; Viscount Tarbat; Lord Montgomrie; Lord Forbes; Lord President of Session; Lord Advocat; Lord Thesaurer deput; Lord Justice clerk; Lord Aberuchill; Lord Crocerig; Lord Rankeilor; Lord Phesdo; Mr Frances Montgomrie; Laird of Grant; Laird of Steinstoun; Lord provost of Edinburgh

1. NRS, PC2/28, 78r.

2. NRS, PC2/28, 78r.

1. NRS, PC2/28, 78r.

2. NRS, PC2/28, 78r.