Act, 5 August 1701, Edinburgh

Edinburgh the fifth of Augst 1701

D1701/8/51

Act

Act Captain James Mudie Anent executeing any letters att his or his factors instance against William Mudie att the head burgh of the shyre or stewartrie in respect ther is not tutus accessus

Anent the petition given in and presented to the Lords of his majesties privie Counsell by Captain James Mudie Senior present Comander of his majesties ship the South ampton and Captain James Mudie Junior his nephew and factor, Showeing That where Wiliam Mudie of Mollstter the petitioners Brother, being debitor to Sir William Craigie of Gairsey and severall others in vast and Considereable Soumes of money farr exceeding the value of his Estate yett by his Bangstrie illegall and unjust measures he still retained the possession thereof without payeing a six pence to any of his Creditors, wherewpon the said Sir William Craigie haveing with his messengers and assistants, been oft tymes, deforced, and hundered froum Loadeing within the Isle of Walls to execute any legall dilligence against him)2 he was neccessitat to mean himselfe to the saids Lords of privie Counsell for a warrand to the Sheriff deput of Caithnes Stewart deput of Orkney with a partie of his majesties forces, that lay nixt adjacent thereto for putteing him in the peaceable possession of the said Estate Conform to his legall dilligence, The said Wiliam Mudie finding himselfe in thir straits and difficulties and that it was not possible for him and such a parcel of vagabonds, as he had for his accomplices to resist and gainstand his majesties authority and lawes, any longer he means himselfe by many and frequent letters to the petitioner being his only brother earnestly entreating him, to setle and transact with his Creditors, and to take the possession of his Estate to himselfe so that by this Importunitie and for the preservation of the Estate and famely in the name, he was prevailed with to Come doun from London, to Edinburgh in anno one thousand Six hunder and nynty seven and setle with the preferable Creditors to whom he payed over the boord farr more then the value of the Estate, and acquired right to ther legall dilligences asserting the Samen, wherewpon the petitioner stands infeft under the great Sale and in possession, But the petitioners ungreatfull brother, takeing advantage of his absence being obleidged to attend his majesties service drives on his former, illegall lews and unwarantable practises to that Degree that the petitioners factor, Can scarcely gett als much of the rents as will pay the kings dury nor dares any messenger Come near the Island where he lives to execute any letters against him, he and his accomplices threatneing with blunderbusses and Guns to sink them and ther boats in suae farr as wpon the […] day of Agust seventeenth hunder the said Wiiam Moodie with his accomplices, viz Murdoch and Alexander Kenedies Duncan McRonald Wiliam Stewart Laurance Isbister, John Sinclair Elder and John Sinclair younger Donald Bowers elder and younger, Andrew Sinclair Wiliam Bower, Hendrie Rosie, Hendrie Lyell, James Wilson, Andrew Stout, Wiliam Banks and severall others illegall persons Come over from ther Garison in the Isle of Stronia to the Isle of Walls, all in armes, and dispossesst Hary Stewart, the petitioners factor, for the tyme of two ferries and fery boats and beat away his servants, who were attending att the said Ferrie the tyme of the Lambes mercat att which tyme of the year, ther is a great many horse colt etc Caried too and from Caithnes to Orkney, wherewpon the petitioners said factor, haveing raised letters of lawborrowes with a summonds of Spulzie against him, and his accomplice and haveing sent a messenger with a boat full of men, to the Isle of Stroma to execute the Samen, they were mett with at the shoar, by a great many armed men, and threatned particularly, by the said Murdoch and Alexander Kenedie, who swore if they offered to Come near land they would fyre wpon them, wherewpon the said Island being as inaccessable, as the Bas, ther being no parte to land, in but two Clifts of a Rock, (where three men are able to defend three thousand) the messenger was necessitat to return without executeing the letters, and finding themselves, so successfull in there unwarrantable practises, they proceed in suare farras wpon the thrid of July Instant, he the said Wiliam Moodie of Mellsetter, with his said accomplices, with all the other idle vagabonds, he Could find in Caithnes and Orkney, Came all armed in a hostile maner, from the said Island of Stronia to the Island of Walls, and brock wp the petitioners house of Mellsetter, took possession thereof keeps Gairieson therein, oppresses the tenants and taken possession of the mains laboureing goods and severall other Catle, belonging to the petitioner takeing bonds, and promises of the haill tenants and Inhabitants, of the Island, to John and abyd with him, against the petitioners factor, and voweing and sweareing, that if The petitioners factor, offer to resist him, or Complain to the Government of him, he will pistoll the petitioners factor, (Tho he is his own Son) Burn the petitioners house of Melsetter, and destroy the whole Island, by all which Cruell desperat and illegall practiques, his majesties lawes and authoritie are Contemned, and the petitioners interest ruined, and a great many poor people in the Island, the petitioners tenants neccessitat to abandoun ther houses and interest for fear of ther lives It was Therefore Craved the saids Lords of his Majesties privie Counsell would grant warrand to messengers at armes for executeing of all letters, att the petitioners and his factors instance against him and his accomplices, att the head burgh of the Shyre, or Stewartrie, in Respect, ther is not tutus accessus to them, The Lords of His Majesties privie Counsell haveing heard the within written petition given in to them be Captain James Mudie Senior Commander, of his majesties ship, the Southamptoune, and Captain James Mudie Junior, his nephew and factor read in ther presence, they hereby allow the within Wiliam Mudie of Mellsetter for Wiliam Craigie of Gairsey, and any others Concerned to See and ansuer the same, which petition being wpon the day and date of thir presents, Read in presence of the saids Lords They haveing Considered this petition given in to them be the within Captain James Mudie, they doe hereby grant warrand to messengers at armes for executeing of all letters and other dilligences before the privie Counsell att the petitioners instance or his factor against the within Wiliam Mudie of Mellsetter, and his accomplices att the head burgh of the shyre or stewartrie of […] In respect ther is not tutus accessus to them

Edinburgh the fifth of Augst 1701

D1701/8/51

Act

Act Captain James Mudie Anent executeing any letters att his or his factors instance against William Mudie att the head burgh of the shyre or stewartrie in respect ther is not tutus accessus

Anent the petition given in and presented to the Lords of his majesties privie Counsell by Captain James Mudie Senior present Comander of his majesties ship the South ampton and Captain James Mudie Junior his nephew and factor, Showeing That where Wiliam Mudie of Mollstter the petitioners Brother, being debitor to Sir William Craigie of Gairsey and severall others in vast and Considereable Soumes of money farr exceeding the value of his Estate yett by his Bangstrie illegall and unjust measures he still retained the possession thereof without payeing a six pence to any of his Creditors, wherewpon the said Sir William Craigie haveing with his messengers and assistants, been oft tymes, deforced, and hundered froum Loadeing within the Isle of Walls to execute any legall dilligence against him)2 he was neccessitat to mean himselfe to the saids Lords of privie Counsell for a warrand to the Sheriff deput of Caithnes Stewart deput of Orkney with a partie of his majesties forces, that lay nixt adjacent thereto for putteing him in the peaceable possession of the said Estate Conform to his legall dilligence, The said Wiliam Mudie finding himselfe in thir straits and difficulties and that it was not possible for him and such a parcel of vagabonds, as he had for his accomplices to resist and gainstand his majesties authority and lawes, any longer he means himselfe by many and frequent letters to the petitioner being his only brother earnestly entreating him, to setle and transact with his Creditors, and to take the possession of his Estate to himselfe so that by this Importunitie and for the preservation of the Estate and famely in the name, he was prevailed with to Come doun from London, to Edinburgh in anno one thousand Six hunder and nynty seven and setle with the preferable Creditors to whom he payed over the boord farr more then the value of the Estate, and acquired right to ther legall dilligences asserting the Samen, wherewpon the petitioner stands infeft under the great Sale and in possession, But the petitioners ungreatfull brother, takeing advantage of his absence being obleidged to attend his majesties service drives on his former, illegall lews and unwarantable practises to that Degree that the petitioners factor, Can scarcely gett als much of the rents as will pay the kings dury nor dares any messenger Come near the Island where he lives to execute any letters against him, he and his accomplices threatneing with blunderbusses and Guns to sink them and ther boats in suae farr as wpon the […] day of Agust seventeenth hunder the said Wiiam Moodie with his accomplices, viz Murdoch and Alexander Kenedies Duncan McRonald Wiliam Stewart Laurance Isbister, John Sinclair Elder and John Sinclair younger Donald Bowers elder and younger, Andrew Sinclair Wiliam Bower, Hendrie Rosie, Hendrie Lyell, James Wilson, Andrew Stout, Wiliam Banks and severall others illegall persons Come over from ther Garison in the Isle of Stronia to the Isle of Walls, all in armes, and dispossesst Hary Stewart, the petitioners factor, for the tyme of two ferries and fery boats and beat away his servants, who were attending att the said Ferrie the tyme of the Lambes mercat att which tyme of the year, ther is a great many horse colt etc Caried too and from Caithnes to Orkney, wherewpon the petitioners said factor, haveing raised letters of lawborrowes with a summonds of Spulzie against him, and his accomplice and haveing sent a messenger with a boat full of men, to the Isle of Stroma to execute the Samen, they were mett with at the shoar, by a great many armed men, and threatned particularly, by the said Murdoch and Alexander Kenedie, who swore if they offered to Come near land they would fyre wpon them, wherewpon the said Island being as inaccessable, as the Bas, ther being no parte to land, in but two Clifts of a Rock, (where three men are able to defend three thousand) the messenger was necessitat to return without executeing the letters, and finding themselves, so successfull in there unwarrantable practises, they proceed in suare farras wpon the thrid of July Instant, he the said Wiliam Moodie of Mellsetter, with his said accomplices, with all the other idle vagabonds, he Could find in Caithnes and Orkney, Came all armed in a hostile maner, from the said Island of Stronia to the Island of Walls, and brock wp the petitioners house of Mellsetter, took possession thereof keeps Gairieson therein, oppresses the tenants and taken possession of the mains laboureing goods and severall other Catle, belonging to the petitioner takeing bonds, and promises of the haill tenants and Inhabitants, of the Island, to John and abyd with him, against the petitioners factor, and voweing and sweareing, that if The petitioners factor, offer to resist him, or Complain to the Government of him, he will pistoll the petitioners factor, (Tho he is his own Son) Burn the petitioners house of Melsetter, and destroy the whole Island, by all which Cruell desperat and illegall practiques, his majesties lawes and authoritie are Contemned, and the petitioners interest ruined, and a great many poor people in the Island, the petitioners tenants neccessitat to abandoun ther houses and interest for fear of ther lives It was Therefore Craved the saids Lords of his Majesties privie Counsell would grant warrand to messengers at armes for executeing of all letters, att the petitioners and his factors instance against him and his accomplices, att the head burgh of the Shyre, or Stewartrie, in Respect, ther is not tutus accessus to them, The Lords of His Majesties privie Counsell haveing heard the within written petition given in to them be Captain James Mudie Senior Commander, of his majesties ship, the Southamptoune, and Captain James Mudie Junior, his nephew and factor read in ther presence, they hereby allow the within Wiliam Mudie of Mellsetter for Wiliam Craigie of Gairsey, and any others Concerned to See and ansuer the same, which petition being wpon the day and date of thir presents, Read in presence of the saids Lords They haveing Considered this petition given in to them be the within Captain James Mudie, they doe hereby grant warrand to messengers at armes for executeing of all letters and other dilligences before the privie Counsell att the petitioners instance or his factor against the within Wiliam Mudie of Mellsetter, and his accomplices att the head burgh of the shyre or stewartrie of […] In respect ther is not tutus accessus to them

1. NRS, PC2/28, 143r-145r.

2. Opening bracket is missing.

1. NRS, PC2/28, 143r-145r.

2. Opening bracket is missing.

Sederunt, 5 August 1701, Edinburgh

Edinburgh the fifth of Augst 17011

D1701/8/42

Sederunt

Lord Chancellor; Marquis of Anandale; Earl of Southerland; Earl of Marr; Earl of Buchan; Viscount Tarbat; Viscount Teviot; Viscount Roseberrie; Lord Montgomerie; Lord advocat; Mr Francis Montgomry; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crocerig; Lord Phesdo; Laird of Stevenson

Edinburgh the fifth of Augst 17011

D1701/8/42

Sederunt

Lord Chancellor; Marquis of Anandale; Earl of Southerland; Earl of Marr; Earl of Buchan; Viscount Tarbat; Viscount Teviot; Viscount Roseberrie; Lord Montgomerie; Lord advocat; Mr Francis Montgomry; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crocerig; Lord Phesdo; Laird of Stevenson

1. NRS, PC2/28, 143r. This sederunt bears the same date as the preceding one.

2. NRS, PC2/28, 143r.

1. NRS, PC2/28, 143r. This sederunt bears the same date as the preceding one.

2. NRS, PC2/28, 143r.

Act, 5 August 1701, Edinburgh

Edinburgh 5th Agust 1701

D1701/8/31

Act

Act Lady Bonhard anent ane aliment

Anent the petition given and presented to the Lords of his majesties privie Counsell by Magdelen Drummond Spous to Walter Cornwall of Bonhard, Shewing That the petitioners beside the soume nyne thousand and eight hunder merks, Contained in her Contract of mariage, brought with her to her Husband, above five thousand merks in money truely payed, and was in Contemplation of the forsaid portion, provided to ane anuity of eighteen hunder, merks, beside a duelling house in Linlithgow, beside other Casualities, particularly four Loads of Coalls weekly and haveing now, a numerous famely of Childeren, she is Reduced, not only to great dificulties and Straits her selfe, But utterely unable, to subsist and provide, what is indispensably neccessar for the petitioners numerous Childeren and famely, through the Rigour and severty of some of the petitioners husbands Fathers Creditors, to whom tho he was not obnoxius yet out of Respect to his Fathers memory and to doe them Justice to his power he made himself lyble, never Imagineing that this Condescendance to them should have had such a return, as to Reduce the petitioner, and her Small Childeren to a poynt of starveing, and seing both out of Compassion, and Consideration of naturall Justice and equity, the saids Lords of privie Counsell both by the law are Impowered and in use to provide some suteable supply and aliment yearly to disconsolat and distressed wifes and Childeren, some way proportioned, and effeiring to the portiones they brought allong with them, and liferent provisions secured to them, in consideration thereof, and ther being no Cause which Can plead more dispensable neccesity or equitable Considerationes, then2 the petitioners wpon the grounds above Represented which are sufficiently Instructed both by her Conract of mariage, and seasing followeing therewpon herewith produced, It was Therefore Humbly Craved that the saids Lords in Consideration of the premises and to prevent the Childeren and the petitioners misery would appoynt ane alliment of one thousand and two hunder merks yearly (which is farr within what was provided to the petitioner, to be) payed to the petitioner yearly by the factor, appoynted to wplift the rents of the Estate of Bonhard, or by the tenants and possessors of the saids lands, and Estate, and Intrometters with, the Casuall writs thereof out of the first and Readiest of what is to be payed or intrometted with by them, wpon the petitioners Discharge to be granted to them, for the same, att two termes in the year, Whitesunday and Martimes beginning the firsst termes payment, against the fifteenth day of agust nixt, for the term of whitesunday preceeding as the said petition bears, The Lords of his majesties privie Counsell haveing heard this peition given in to them by the above Lady Bonhard, read in ther presence, they thereby allowed any person who pretended Interest therein, to see and and and3 answer, the same against the nixt Councill day, Thereafter the saids Lords of his majesties privie Councill by ther Interloquitor of this dayes date, they have modified and hereby modifies the soume of fifty pounds Starline yearly att two termes, in the year to be payd to the said petitioner, by Alexander Glen writter in Edinburgh, factor appoynted by the Lords of Session, for wplifting the rents of the Estate of Bonhard or by the tenants and possessors of of4 the saids lands and Estate, and Intrometters with the Casuall rents thereof Conform to a note subscribed by the said Lady to be given in by5 her, beareing the tenants and possessors ther proportiones due to them, and Decerned and ordained payment to be made of the said fifty pounds Starline yearly att two termes whitesunday and martimes, be equall portions beginneing the first termes payment wpon the term of whitesunday preceeding and so furth yearly and termly att two termes in the year Whitesunday and martimes in Winter be equall portions in all tymecomeing, dureing the petitioners liftyme, with her Husband, being twenty five pounds Starline for each term, and odains letters of Horning on fifteen dayes to be direct herewpon under the signet of Counsell and others wpon the premises in form as effeirs

Edinburgh 5th Agust 1701

D1701/8/31

Act

Act Lady Bonhard anent ane aliment

Anent the petition given and presented to the Lords of his majesties privie Counsell by Magdelen Drummond Spous to Walter Cornwall of Bonhard, Shewing That the petitioners beside the soume nyne thousand and eight hunder merks, Contained in her Contract of mariage, brought with her to her Husband, above five thousand merks in money truely payed, and was in Contemplation of the forsaid portion, provided to ane anuity of eighteen hunder, merks, beside a duelling house in Linlithgow, beside other Casualities, particularly four Loads of Coalls weekly and haveing now, a numerous famely of Childeren, she is Reduced, not only to great dificulties and Straits her selfe, But utterely unable, to subsist and provide, what is indispensably neccessar for the petitioners numerous Childeren and famely, through the Rigour and severty of some of the petitioners husbands Fathers Creditors, to whom tho he was not obnoxius yet out of Respect to his Fathers memory and to doe them Justice to his power he made himself lyble, never Imagineing that this Condescendance to them should have had such a return, as to Reduce the petitioner, and her Small Childeren to a poynt of starveing, and seing both out of Compassion, and Consideration of naturall Justice and equity, the saids Lords of privie Counsell both by the law are Impowered and in use to provide some suteable supply and aliment yearly to disconsolat and distressed wifes and Childeren, some way proportioned, and effeiring to the portiones they brought allong with them, and liferent provisions secured to them, in consideration thereof, and ther being no Cause which Can plead more dispensable neccesity or equitable Considerationes, then2 the petitioners wpon the grounds above Represented which are sufficiently Instructed both by her Conract of mariage, and seasing followeing therewpon herewith produced, It was Therefore Humbly Craved that the saids Lords in Consideration of the premises and to prevent the Childeren and the petitioners misery would appoynt ane alliment of one thousand and two hunder merks yearly (which is farr within what was provided to the petitioner, to be) payed to the petitioner yearly by the factor, appoynted to wplift the rents of the Estate of Bonhard, or by the tenants and possessors of the saids lands, and Estate, and Intrometters with, the Casuall writs thereof out of the first and Readiest of what is to be payed or intrometted with by them, wpon the petitioners Discharge to be granted to them, for the same, att two termes in the year, Whitesunday and Martimes beginning the firsst termes payment, against the fifteenth day of agust nixt, for the term of whitesunday preceeding as the said petition bears, The Lords of his majesties privie Counsell haveing heard this peition given in to them by the above Lady Bonhard, read in ther presence, they thereby allowed any person who pretended Interest therein, to see and and and3 answer, the same against the nixt Councill day, Thereafter the saids Lords of his majesties privie Councill by ther Interloquitor of this dayes date, they have modified and hereby modifies the soume of fifty pounds Starline yearly att two termes, in the year to be payd to the said petitioner, by Alexander Glen writter in Edinburgh, factor appoynted by the Lords of Session, for wplifting the rents of the Estate of Bonhard or by the tenants and possessors of of4 the saids lands and Estate, and Intrometters with the Casuall rents thereof Conform to a note subscribed by the said Lady to be given in by5 her, beareing the tenants and possessors ther proportiones due to them, and Decerned and ordained payment to be made of the said fifty pounds Starline yearly att two termes whitesunday and martimes, be equall portions beginneing the first termes payment wpon the term of whitesunday preceeding and so furth yearly and termly att two termes in the year Whitesunday and martimes in Winter be equall portions in all tymecomeing, dureing the petitioners liftyme, with her Husband, being twenty five pounds Starline for each term, and odains letters of Horning on fifteen dayes to be direct herewpon under the signet of Counsell and others wpon the premises in form as effeirs

1. NRS, PC2/28, 141v-142v.

2. One illegible word scored out here.

3. Sic.

4. Sic.

5. The words ‘given in by’ are an insertion.

1. NRS, PC2/28, 141v-142v.

2. One illegible word scored out here.

3. Sic.

4. Sic.

5. The words ‘given in by’ are an insertion.

Sederunt, 5 August 1701, Edinburgh

Edinburgh 5th Agust 17011

D1701/8/22

Sederunt

Lord Chancellor; Marquis of Annandale; Earl of Southerland; Earl of Marr; Earl of Buchan; Viscount Tarbat; Viscount Teviot; Viscount Rossberrie; Lord Montgomerie; Lord advocat; Laird of Stevenson; Lord Aberuchill; Lord Philiphaugh; Lord Halcraige; Lord Croserig; Lord Phesdo; Mr Frances Montgomry

Edinburgh 5th Agust 17011

D1701/8/22

Sederunt

Lord Chancellor; Marquis of Annandale; Earl of Southerland; Earl of Marr; Earl of Buchan; Viscount Tarbat; Viscount Teviot; Viscount Rossberrie; Lord Montgomerie; Lord advocat; Laird of Stevenson; Lord Aberuchill; Lord Philiphaugh; Lord Halcraige; Lord Croserig; Lord Phesdo; Mr Frances Montgomry

1. NRS, PC2/28, 141v

2. NRS, PC2/28, 141v.

1. NRS, PC2/28, 141v

2. NRS, PC2/28, 141v.

Procedure, 2 August 1701, Edinburgh

Edinburgh Second of Agust seventeen hunder and one1

D1701/8/12

Procedure

[Note of no business]

No privat Busines done this day

Edinburgh Second of Agust seventeen hunder and one1

D1701/8/12

Procedure

[Note of no business]

No privat Busines done this day

1. NRS, PC2/28, 141v. No sederunt recorded.

2. NRS, PC2/28, 141v.

1. NRS, PC2/28, 141v. No sederunt recorded.

2. NRS, PC2/28, 141v.

Act, 15 August 1700, Edinburgh

Att Edinburgh the Fiftein day of August one thousand seven hundred years

D1700/8/141

Act

Act Captain John Slezer

Anent a Petition given in to his Majesties high Commissioner and the Lords of his Majesties privy Councill be Captain John Slezer Shewing That the petitioner haveing the reiterated faith of the nation towards the Carieing on of a work which by the act of Tunadge Jaj vjc nyntie fyve Is declared to be for the advantage honor and reputation of the nation he did so much rely theron and hath used such dilligence to bring his work to perfection, That beside the first volume which was published some years agoe other two volumes were laid before the parliament; in the year Jaj vjc nyntie Eight, both of which were ready for the press and ingravers and by the saids Lords act upon the twenty Eight of June Jaj vjc nyntie Eight ther is a ballance of ane thousand and nyntie pounds sterling of depursments due to the petitioner For want of which the publishing of his work is retarded, the petitioner not only haveing spent his privat stock Bot deeply ingadged his Credit both at Home and abroad in prosecuteing his work upon the faith of the said act of Tunadge Wherby he and his family did extreamly suffer and more especially his Childrein in their education, and seing that the small accompt that is made by the Collectors of the product of the tunage is a very great prejudice and that the true accompt quherof is of great Concerne to the petitioner, and to all others concerned in the Tuneage and that the execution of the act Imposeing the tunnage is remitted to the saids Lords, and that tho the said Tunnage (as the petitioner was Creditablie informed) hade been rigerously exacted, yet the same hath not been so duely payed to the Cash keeper, and therfore for redressing of any bygone abuse, and for preventing the Like in time comeing, The petitioner In Respect of his great intrest in the Tunneage, and that the same may be made effectuall for the uses designed Does with all humilitie offer to the saids Lords the expedients following Primo that the Lords would authorize the petitioner and any they should think fitt to enjoyne with him to Call for and2 Inspects all books and recepts in relation to the Collection of the Tunnage since the year Jaj vjc nyntie fyve to the effect ther may be a Charge made up against the Collectors since that time, and that he and any others Commissionat might report their dilligence to the saids Lords and Conveen before their Lordships such Collectors as hade neglected their duty in this affair secundo That the saids Lords would be pleased to Issue out a proclamation Requyreing all Collectors since the Tunnage was Imposed to transmitt to the Cashkeeper betwixt and such a day as the saids Lords should think fitt a true and exact abreviat signed by them of the Tunnage Collected by them, and that the petitioner and any others with him to be Commissionat by the saids Lords be allowed to inspect the same, and the petitioner was very hopefull to demonstrat to the saids Lords very many abuses in collecting of the said Tunnage As also that the saids Lords would appoint the Collectors to transmitt a signed list of all scots ships above Twelve tunn burdein within their precints and that no Collector be allowed to depone upon the verity of their abreviats Untill the petitioner revise the same seing the petitioner hade good grounds to beleive that some3 concerned in the Collecting the Tunnage could not safely depone upon the abreviats already given in be them, and the petitioner does make these proposalls on no other designe bot that the true product of the Tunnage might be knowen he haveing a Considerable intrest therin and his Credit deeply ingadged upon the faith therof, and albeit by the saids Lords act ther was due to the petitioner as said is, upwards of ane thousand pounds sterling yet the petitioners Zeall to have the work advanced was such, and the assured hopes he hade that the saids Lords would not suffer him and his family to perish by a publict undertaking, He offered upon present payment only of Thrie hundred pounds Sterling to put his work in the hands of the best printers and ingravers in London in order to be published, and would not demand more money of the saids Lords untill their Lordships ware satisfied of the progress he made from this time and merit of this work And Therfore humbly Craveing the Saids Lords would be pleased to Consider the premisses and to authorize the petitioner and any others with him the saids Lords should think fitt to call for and in respect the Collectors books or any other wrytes for makeing a due charge of the Tunnadge upon them and to Conveen any of them before the saids Lords who hade neglected their duty therin; and to Issue furth a proclamation appointing the saids Collectors to transmitt to the Cashkeeper signed abreviats of their intromissiones with the Tunnage and of the burdein of the scots ships and barks within their respective presinks above Twelve Tunn of Burdein and that no Collectors depone upon their abreviats untill the same be revised by the petitioner and others Commissionat by the saids Lords with him And in respect That by the saids Lords act ther was due of depursments to the petitioner in June Jaj vjc Nyntie Eight the sume of ane thousand and nyntie pounds sterling, and that since he hade been at more expences, That the saids Lord would in the mean time appoint only thrie hundred pounds Sterling to be payed to the petitioner out of the first and readiest of the product of the Tunnage to be Imployed for printing and ingraveing his work, and for releiving (in some Measure) the Straits and pinches wherein to the petitioner was4 reduced, By Imploying his own privat Stock and the ingadgeing of his Credit deeply both at home and abroad and in prosecuteing his work upon the publict faith of the Tunnage act As the petitione bears; His Majesties high Commmissioner and the Lords of Majesties privy Councill haveing Considered the above given in to them by the above Captain Slezer, The hereby Grant Commission to the said petitioner, John Adair Georgrapher and Hew Cunninghame wryter to the signet Joyntly to call for and inspect the Collectors books of the above Tunnage or any other wrytes for making a due Charge of the said Tunnage upon them preceeding the act of parliament of the first of September Jaj vjc Nyntie eight with power also to (5all from the respective Collectors signed abreviats of their intromissiones with the tunnadge preceeding the said first of September Jaj vjc Nyntie eight, and of the burden of the scots ships and barks within their respective presinks dureing that space above twelve tunn of burdein Dischargeing hereby any Collectors to depone upon their abreviats of the tunnage preceiding the first of September Jaj vjc Nyntie Eight untill the same be revised by the Commissioners who be mentioned, And ordaines Letters of horning under the Signet of Councill on fiftein dayes and others needfull to be direct at the said Commissioners instance against the saids Collectors in forme as effeirs Conforme to a subscryved List under the hands of the saids Commissioners to be given in by them to the Clerks of privy Councill of the saids Collectors.

Att Edinburgh the Fiftein day of August one thousand seven hundred years

D1700/8/141

Act

Act Captain John Slezer

Anent a Petition given in to his Majesties high Commissioner and the Lords of his Majesties privy Councill be Captain John Slezer Shewing That the petitioner haveing the reiterated faith of the nation towards the Carieing on of a work which by the act of Tunadge Jaj vjc nyntie fyve Is declared to be for the advantage honor and reputation of the nation he did so much rely theron and hath used such dilligence to bring his work to perfection, That beside the first volume which was published some years agoe other two volumes were laid before the parliament; in the year Jaj vjc nyntie Eight, both of which were ready for the press and ingravers and by the saids Lords act upon the twenty Eight of June Jaj vjc nyntie Eight ther is a ballance of ane thousand and nyntie pounds sterling of depursments due to the petitioner For want of which the publishing of his work is retarded, the petitioner not only haveing spent his privat stock Bot deeply ingadged his Credit both at Home and abroad in prosecuteing his work upon the faith of the said act of Tunadge Wherby he and his family did extreamly suffer and more especially his Childrein in their education, and seing that the small accompt that is made by the Collectors of the product of the tunage is a very great prejudice and that the true accompt quherof is of great Concerne to the petitioner, and to all others concerned in the Tuneage and that the execution of the act Imposeing the tunnage is remitted to the saids Lords, and that tho the said Tunnage (as the petitioner was Creditablie informed) hade been rigerously exacted, yet the same hath not been so duely payed to the Cash keeper, and therfore for redressing of any bygone abuse, and for preventing the Like in time comeing, The petitioner In Respect of his great intrest in the Tunneage, and that the same may be made effectuall for the uses designed Does with all humilitie offer to the saids Lords the expedients following Primo that the Lords would authorize the petitioner and any they should think fitt to enjoyne with him to Call for and2 Inspects all books and recepts in relation to the Collection of the Tunnage since the year Jaj vjc nyntie fyve to the effect ther may be a Charge made up against the Collectors since that time, and that he and any others Commissionat might report their dilligence to the saids Lords and Conveen before their Lordships such Collectors as hade neglected their duty in this affair secundo That the saids Lords would be pleased to Issue out a proclamation Requyreing all Collectors since the Tunnage was Imposed to transmitt to the Cashkeeper betwixt and such a day as the saids Lords should think fitt a true and exact abreviat signed by them of the Tunnage Collected by them, and that the petitioner and any others with him to be Commissionat by the saids Lords be allowed to inspect the same, and the petitioner was very hopefull to demonstrat to the saids Lords very many abuses in collecting of the said Tunnage As also that the saids Lords would appoint the Collectors to transmitt a signed list of all scots ships above Twelve tunn burdein within their precints and that no Collector be allowed to depone upon the verity of their abreviats Untill the petitioner revise the same seing the petitioner hade good grounds to beleive that some3 concerned in the Collecting the Tunnage could not safely depone upon the abreviats already given in be them, and the petitioner does make these proposalls on no other designe bot that the true product of the Tunnage might be knowen he haveing a Considerable intrest therin and his Credit deeply ingadged upon the faith therof, and albeit by the saids Lords act ther was due to the petitioner as said is, upwards of ane thousand pounds sterling yet the petitioners Zeall to have the work advanced was such, and the assured hopes he hade that the saids Lords would not suffer him and his family to perish by a publict undertaking, He offered upon present payment only of Thrie hundred pounds Sterling to put his work in the hands of the best printers and ingravers in London in order to be published, and would not demand more money of the saids Lords untill their Lordships ware satisfied of the progress he made from this time and merit of this work And Therfore humbly Craveing the Saids Lords would be pleased to Consider the premisses and to authorize the petitioner and any others with him the saids Lords should think fitt to call for and in respect the Collectors books or any other wrytes for makeing a due charge of the Tunnadge upon them and to Conveen any of them before the saids Lords who hade neglected their duty therin; and to Issue furth a proclamation appointing the saids Collectors to transmitt to the Cashkeeper signed abreviats of their intromissiones with the Tunnage and of the burdein of the scots ships and barks within their respective presinks above Twelve Tunn of Burdein and that no Collectors depone upon their abreviats untill the same be revised by the petitioner and others Commissionat by the saids Lords with him And in respect That by the saids Lords act ther was due of depursments to the petitioner in June Jaj vjc Nyntie Eight the sume of ane thousand and nyntie pounds sterling, and that since he hade been at more expences, That the saids Lord would in the mean time appoint only thrie hundred pounds Sterling to be payed to the petitioner out of the first and readiest of the product of the Tunnage to be Imployed for printing and ingraveing his work, and for releiving (in some Measure) the Straits and pinches wherein to the petitioner was4 reduced, By Imploying his own privat Stock and the ingadgeing of his Credit deeply both at home and abroad and in prosecuteing his work upon the publict faith of the Tunnage act As the petitione bears; His Majesties high Commmissioner and the Lords of Majesties privy Councill haveing Considered the above given in to them by the above Captain Slezer, The hereby Grant Commission to the said petitioner, John Adair Georgrapher and Hew Cunninghame wryter to the signet Joyntly to call for and inspect the Collectors books of the above Tunnage or any other wrytes for making a due Charge of the said Tunnage upon them preceeding the act of parliament of the first of September Jaj vjc Nyntie eight with power also to (5all from the respective Collectors signed abreviats of their intromissiones with the tunnadge preceeding the said first of September Jaj vjc Nyntie eight, and of the burden of the scots ships and barks within their respective presinks dureing that space above twelve tunn of burdein Dischargeing hereby any Collectors to depone upon their abreviats of the tunnage preceiding the first of September Jaj vjc Nyntie Eight untill the same be revised by the Commissioners who be mentioned, And ordaines Letters of horning under the Signet of Councill on fiftein dayes and others needfull to be direct at the said Commissioners instance against the saids Collectors in forme as effeirs Conforme to a subscryved List under the hands of the saids Commissioners to be given in by them to the Clerks of privy Councill of the saids Collectors.

1. NRS, PC2/28, 6r-8r.

2. Illegible words scored out here.

3. Illegible words scored out here.

4. One word scored out here

5. Closing bracket missing.

1. NRS, PC2/28, 6r-8r.

2. Illegible words scored out here.

3. Illegible words scored out here.

4. One word scored out here

5. Closing bracket missing.

Sederunt, 15 August 1700, Edinburgh

Att Edinburgh the Fiftein day of August one thousand seven hundred years1

D1700/8/132

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Argyll; Earl of Marr; Earl of Morton; Earl of Cassills; Earl of Lothian; Earl of Leven; Earl of Annandale; Viscount Tarbet; Lord Forbes; Lord Advocat; Lord provost of Edinburgh

Att Edinburgh the Fiftein day of August one thousand seven hundred years1

D1700/8/132

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Argyll; Earl of Marr; Earl of Morton; Earl of Cassills; Earl of Lothian; Earl of Leven; Earl of Annandale; Viscount Tarbet; Lord Forbes; Lord Advocat; Lord provost of Edinburgh

1. NRS, PC2/28, 6r.

2. NRS, PC2/28, 6r.

1. NRS, PC2/28, 6r.

2. NRS, PC2/28, 6r.

Procedure: committee formed, 14 August 1700, Edinburgh

Att Edinburgh the Fourteinth day of August Jaj vjc years

D1700/8/121

Procedure: committee formed

Committie anent The Magistrats of Edinburgh

The Magistrates of Edinburgh being called and Compearing before his Grace his Majesties high Commissioner and the Lords of his Majesties privy Councill, The Saids Lords hereby Nominats and appoints the Earles of Argyle Marr, Cassills and Annandale and the Viscount of Tarbat to be a Committie to hear and Consider of what is informed anent the Magistrats neglect and of the Misdemaners done as at the punishing of the persones appointed to be punished by the Lords Commissioners of Justiciary for thar accession to the rable and the Misdemaners Committed by the saids persones themselves the time of their punishment, And Recommends to the said Committie to meet this afternoon at six of the Cloak and Declaires any thrie of them to be a sufficient quorum.

Att Edinburgh the Fourteinth day of August Jaj vjc years

D1700/8/121

Procedure: committee formed

Committie anent The Magistrats of Edinburgh

The Magistrates of Edinburgh being called and Compearing before his Grace his Majesties high Commissioner and the Lords of his Majesties privy Councill, The Saids Lords hereby Nominats and appoints the Earles of Argyle Marr, Cassills and Annandale and the Viscount of Tarbat to be a Committie to hear and Consider of what is informed anent the Magistrats neglect and of the Misdemaners done as at the punishing of the persones appointed to be punished by the Lords Commissioners of Justiciary for thar accession to the rable and the Misdemaners Committed by the saids persones themselves the time of their punishment, And Recommends to the said Committie to meet this afternoon at six of the Cloak and Declaires any thrie of them to be a sufficient quorum.

1. NRS, PC2/28, 6r.

1. NRS, PC2/28, 6r.

Act, 14 August 1700, Edinburgh

Att Edinburgh the Fourteinth day of August Jaj vjc years

D1700/8/111

Act

Act In Favors of Sir Andrew Ramsay anent a Manufactory of Stuffs

Anent a Petition given in to the Lords of his majesties privy Councill be Sir Andrew Ramsay of Abbotshall and his partner Shewing That wher the petitioners are purposed to sett up a manufactur at Abbotshall of the fine stuffs of wooll and silk, or wooll and threed, half breadth of Cloath never before made or essayed in this Countrey and which by the experiment the petitioners have made else wher and the sample that the petitioners were ready to produce would Certainly prove one of the most usefull and acceptable Manufactories that ever was sett up in this kingdome Likeas for the effectuating this the petitioners purpose for the great good and benefite of the nation, The petitioners hade resolved to Imploy a Considerable stock, and to bring Craftsmen from France and other places, For all which the petitioners Craved no singular encouradgment, save that the petitioners might have Libertie and benefit of this manufactory before unknown in this kingdome for the space of Five years exclusive of all others, and for the space of Twentie one years in the ordainary and usuall maner And which manufactory the petitioners resolve also to Extend to all other sorts of stuffs of wooll or of wooll or silk, As Likewayes to silks figured or plaine but without any exclusion, save as the forsaid new stuff and that for the short space of five years only For so advantageous and expensive ane undertaking And therfore Humbly supplicating the saids Lords to the effect aftermentioned as the said petition bears, His Majesties high Commissioner and the Lords of his Majesties privy Councill Haveing Considered the above petition given in to them be Sir Androw Ramsay of Abottshall and his partners and the swatches of stuffs produced therwith left in the Clerk of Counlls hands, The Doe hereby Declare and Authorize the petitioners above manufactory in the termes and with the priviledges contained in the act of parliament Jaj vjc Eightie one Impower their Lordships for that effect, and for the space of Twenty one yeras in the ordinary and usuall maner, and with the exclusion of all others for the space of five years of the above Twenty one years As to the forsaid fine stuff of wooll and silk, or wooll and thrid allernarly, which fine stuff of wooll and silk or wooll and thried from makeing wherof all others are debarred for the space of five years, are all to be made of the same facture and make with the paternes in the said Clerks hands at granting herof.

Att Edinburgh the Fourteinth day of August Jaj vjc years

D1700/8/111

Act

Act In Favors of Sir Andrew Ramsay anent a Manufactory of Stuffs

Anent a Petition given in to the Lords of his majesties privy Councill be Sir Andrew Ramsay of Abbotshall and his partner Shewing That wher the petitioners are purposed to sett up a manufactur at Abbotshall of the fine stuffs of wooll and silk, or wooll and threed, half breadth of Cloath never before made or essayed in this Countrey and which by the experiment the petitioners have made else wher and the sample that the petitioners were ready to produce would Certainly prove one of the most usefull and acceptable Manufactories that ever was sett up in this kingdome Likeas for the effectuating this the petitioners purpose for the great good and benefite of the nation, The petitioners hade resolved to Imploy a Considerable stock, and to bring Craftsmen from France and other places, For all which the petitioners Craved no singular encouradgment, save that the petitioners might have Libertie and benefit of this manufactory before unknown in this kingdome for the space of Five years exclusive of all others, and for the space of Twentie one years in the ordainary and usuall maner And which manufactory the petitioners resolve also to Extend to all other sorts of stuffs of wooll or of wooll or silk, As Likewayes to silks figured or plaine but without any exclusion, save as the forsaid new stuff and that for the short space of five years only For so advantageous and expensive ane undertaking And therfore Humbly supplicating the saids Lords to the effect aftermentioned as the said petition bears, His Majesties high Commissioner and the Lords of his Majesties privy Councill Haveing Considered the above petition given in to them be Sir Androw Ramsay of Abottshall and his partners and the swatches of stuffs produced therwith left in the Clerk of Counlls hands, The Doe hereby Declare and Authorize the petitioners above manufactory in the termes and with the priviledges contained in the act of parliament Jaj vjc Eightie one Impower their Lordships for that effect, and for the space of Twenty one yeras in the ordinary and usuall maner, and with the exclusion of all others for the space of five years of the above Twenty one years As to the forsaid fine stuff of wooll and silk, or wooll and thrid allernarly, which fine stuff of wooll and silk or wooll and thried from makeing wherof all others are debarred for the space of five years, are all to be made of the same facture and make with the paternes in the said Clerks hands at granting herof.

1. NRS, PC2/28, 5r-v.

1. NRS, PC2/28, 5r-v.

Sederunt, 14 August 1700, Edinburgh

Att Edinburgh the Fourteinth day of August Jaj vjc years1

D1700/8/102

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Argyle; Earl of Crafurrd; Earl of Marr; Earl of Mortone; Earl of Cassills; Earl of Lothian; Earl of Anandale; Viscount Tarbat; Lord Forbes; Lord Advocat; Lord Crossrig; Lord Provest of Edinburgh

Att Edinburgh the Fourteinth day of August Jaj vjc years1

D1700/8/102

Sederunt

His Majesties Commissioner; Lord Chancelor; Earl of Argyle; Earl of Crafurrd; Earl of Marr; Earl of Mortone; Earl of Cassills; Earl of Lothian; Earl of Anandale; Viscount Tarbat; Lord Forbes; Lord Advocat; Lord Crossrig; Lord Provest of Edinburgh

1. NRS, PC2/28, 5r.

2. NRS, PC2/28, 5r.

1. NRS, PC2/28, 5r.

2. NRS, PC2/28, 5r.