Tag Archives: August

Act, 1 August 1699, Edinburgh

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Att Edinburgh The first day of August Jaj vic Nyntie Nyne years

D1699/8/61

Act

Act Jean Jaffrey Merchant in Edinburgh

Anent the petitione given in to the Lords of his Majesties privy Councill be Jean Jaffrey merchant in Edinburgh Shewing That wher the petitioner being a trading merchant and haveing frequently bought severall parcells of merchant wair from one Margaret Wardlaw Liveing in the kingdome of Ireland, And She haveing effects of the petitioners in her hand before December Last to the value of Fiftie four pounds Sterling or therby as shall be made appear to the saids Lords, The said Margaret Wardlaw without Commissione from the petitioner sends over of Late a parcell of goods 2 to Glasgow albeit the petitioner hade ordered the same to come to come3 over in February Last and being informed that the saids Lords by publict act did of Late prohibit the Import of any Woollen Stuffs from Ireland to Scotland and that the forsaids goods haveing aryved betwixt the Commensment of the saids Lords act and before the Samen hade been knowen in Ireland, And that the goods came to Glasgow without any Commissione from the petitioner, She upon informatione therof went thither and made applicatione Not only to the taxsmen ther, Bot Likewayes to the Court of admirality who gave the petitioner warrand to areist the forsaid goods As belonging to Wardlaw and for payment of the debt due by the petitioner to her and the areistment being so made the waitters ther with the petitioners Consent made Seazure therof untill the petitioner made ther applicatione to the saids Lords, And Therfore humbly Craveing the saids Lords would be pleased in Consideratione of the premisses And that the goods forsaids were properly Consigned and Sent over for the petitioners payment albeit not by the petitioners Commissione And that the petitioner was willing in the termes of the saids Lords act to export the Same And to find sufficient Cautione for that effect to grant warrand for delyvering up to the petitioner the saids goods lying in the custome house of Glasgow to the end the petitioner might export the Same as was usuall to the saids Lords to doe in the Like cases as the said petitione at more Lenth bears. Which Petitione being this day read in presence of the saids Lords of his Majesties privy Councill, They hereby allow and ordaine the said Jean Jaffrey petitioner to export the goods afterinsert in her oath and inventar furth of this kingdome, And that betwixt and the first day of October nixt and Discharges the taxsmen Collectors Surveyers, waitters or their Other Servants to make Seazure of the saids goods, And Ordaines them to delyver the Same to the petitioner, And that in respect the said petitioner before extracting hereof hath Compeared in presence of one of his Majesties privy Councill and made Inventar and given her oath that the saids goods were as followes Viz six peice Irish Stuff Item one peice more ditto Item peice Damask rolled in one bundle of Severall Coullers Item Four peice Drogatts rolled in ane bundle of severall Coullours And alse In respect the petitioner hath given bond and found Sufficient Cautione acted in maner foraid That she shall pursue a furthcomeing of the saids goods and put the decreet to be obtained theron to executione, and export the saids goods furth of this kingdome betwixt and the […] day of […] under the payne of the value of the saids goods.

Att Edinburgh The first day of August Jaj vic Nyntie Nyne years

D1699/8/61

Act

Act Jean Jaffrey Merchant in Edinburgh

Anent the petitione given in to the Lords of his Majesties privy Councill be Jean Jaffrey merchant in Edinburgh Shewing That wher the petitioner being a trading merchant and haveing frequently bought severall parcells of merchant wair from one Margaret Wardlaw Liveing in the kingdome of Ireland, And She haveing effects of the petitioners in her hand before December Last to the value of Fiftie four pounds Sterling or therby as shall be made appear to the saids Lords, The said Margaret Wardlaw without Commissione from the petitioner sends over of Late a parcell of goods 2 to Glasgow albeit the petitioner hade ordered the same to come to come3 over in February Last and being informed that the saids Lords by publict act did of Late prohibit the Import of any Woollen Stuffs from Ireland to Scotland and that the forsaids goods haveing aryved betwixt the Commensment of the saids Lords act and before the Samen hade been knowen in Ireland, And that the goods came to Glasgow without any Commissione from the petitioner, She upon informatione therof went thither and made applicatione Not only to the taxsmen ther, Bot Likewayes to the Court of admirality who gave the petitioner warrand to areist the forsaid goods As belonging to Wardlaw and for payment of the debt due by the petitioner to her and the areistment being so made the waitters ther with the petitioners Consent made Seazure therof untill the petitioner made ther applicatione to the saids Lords, And Therfore humbly Craveing the saids Lords would be pleased in Consideratione of the premisses And that the goods forsaids were properly Consigned and Sent over for the petitioners payment albeit not by the petitioners Commissione And that the petitioner was willing in the termes of the saids Lords act to export the Same And to find sufficient Cautione for that effect to grant warrand for delyvering up to the petitioner the saids goods lying in the custome house of Glasgow to the end the petitioner might export the Same as was usuall to the saids Lords to doe in the Like cases as the said petitione at more Lenth bears. Which Petitione being this day read in presence of the saids Lords of his Majesties privy Councill, They hereby allow and ordaine the said Jean Jaffrey petitioner to export the goods afterinsert in her oath and inventar furth of this kingdome, And that betwixt and the first day of October nixt and Discharges the taxsmen Collectors Surveyers, waitters or their Other Servants to make Seazure of the saids goods, And Ordaines them to delyver the Same to the petitioner, And that in respect the said petitioner before extracting hereof hath Compeared in presence of one of his Majesties privy Councill and made Inventar and given her oath that the saids goods were as followes Viz six peice Irish Stuff Item one peice more ditto Item peice Damask rolled in one bundle of Severall Coullers Item Four peice Drogatts rolled in ane bundle of severall Coullours And alse In respect the petitioner hath given bond and found Sufficient Cautione acted in maner foraid That she shall pursue a furthcomeing of the saids goods and put the decreet to be obtained theron to executione, and export the saids goods furth of this kingdome betwixt and the […] day of […] under the payne of the value of the saids goods.

1. NRS, PC2/27, 242v-243v.

2. An illegible word scored out here.

3. Sic.

1. NRS, PC2/27, 242v-243v.

2. An illegible word scored out here.

3. Sic.

Act, 1 August 1699, Edinburgh

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Att Edinburgh The first day of August Jaj vic Nyntie Nyne years

D1699/8/51

Act

Act David Edie late Baillie in Aberdeen

Anent the petition given in to the Lords of his Majesties privy Councill by David Edie Late Baillie of Aberdeen Shewing That wher the petitioner haveing two years agoe throw the disorder of his affairs removed out of the kingdome and being oblidged in May Last to returne from Burdeaux for clearing of severall difficulties aryssing therin which could not be done without the petitioners presence as was Sufficiently knowen to some of the saids Lords number the petitioner was some weeks after the petitioners returne Secured by the magistrats of Aberdeen untill the petitioner should find baill to appear before the saids Lords and upon the petitioners appearance on ane representatione made be the saids Magistrats against the petitioner to the saids Lords they were pleased to confine the petitioner to the toune of Edinburgh And Ordained the petitioner to find Baill for keeping the petitioners Confinement and for sisting himself at all the dyets of Councill in a proces to be raised before the saids Lords at my Lord advocats instance which accordingly the petitioner did And now the petitioner being cited in the said proces against the first Thursday of November being the second day therof before which time it appears that my Lord Advocat Cannot so conveniently now in time of vacance adduce evidence against the petitioner in the said proces and that it would be wast trouble and expensses both for pursuers and witnesses to be brought here in time of harvest, The petitioner Therfore humbly offers to the saids Lords Consideratione That the only designe of the petitioners returne being to clear the petitioners affairs with the petitioners Creditors both they and the petitioner are quyte disappointed therof thorow the petitioners Confinement It being Imposible to make any advance therin So long as the petitioner was fixed here, Since neither they nor the other persones to whom the petitioner was to sell his tennements and dispose of the petitioners other effects for their payment are not in this place, And the petitioners present presures could not admitt of delays And Seing the petitioner hade found baill to sist himself before the saids Lords In all the dyets of the said proces And the petitioner was still willing to Subject himself to the outmost tryall for the petitioners vindicatione anent what the petitioner was charged with And Therfore Humbly Craveing the saids Lords would be pleased seriously to Consider the premisses and in regaird of the petitioners present hard Circumstances upon the baill allready found to take off the petitioners Confinement and allow the petitioner to goe about clearing of the petitioners affairs till the said second day of November as the said petitione bears The Lords of his Majesties privy Councill Haveing Considered the above petition given in to them by the above David Edie They doe hereby take of the petitioners confinement And notwithstanding therof doe hereby allow him to repair to the North Countrey and ther or any wher else within this kingdome to goe about the Clearing of his affairs untill the first day of November nixt to come inclusive In Respect the said David Edie has before Extracting hereof given bond and found Cautione acted in the books of privy Councill That he shall appear before the Lords therof upon the second day of November nixt to come to which he is to be cited in the process at the Lord advocats Instance against him, And that he Shall attend both the Councills and their Committies att all the dyets to be appointed by thir Lordships in the said proces, And that they shall appear before the saids Lords of privy Councill at any time Sooner if he shall be called or requyred therto under the penaltie of two hundred pounds sterling And in Regaird of the granting of the above bond Ordaines the former bond granted by him and his Cautioner to be given up, And appoints the forsaid bond to bear that the petitioner shall Live peacably in Comon Stile.

Att Edinburgh The first day of August Jaj vic Nyntie Nyne years

D1699/8/51

Act

Act David Edie late Baillie in Aberdeen

Anent the petition given in to the Lords of his Majesties privy Councill by David Edie Late Baillie of Aberdeen Shewing That wher the petitioner haveing two years agoe throw the disorder of his affairs removed out of the kingdome and being oblidged in May Last to returne from Burdeaux for clearing of severall difficulties aryssing therin which could not be done without the petitioners presence as was Sufficiently knowen to some of the saids Lords number the petitioner was some weeks after the petitioners returne Secured by the magistrats of Aberdeen untill the petitioner should find baill to appear before the saids Lords and upon the petitioners appearance on ane representatione made be the saids Magistrats against the petitioner to the saids Lords they were pleased to confine the petitioner to the toune of Edinburgh And Ordained the petitioner to find Baill for keeping the petitioners Confinement and for sisting himself at all the dyets of Councill in a proces to be raised before the saids Lords at my Lord advocats instance which accordingly the petitioner did And now the petitioner being cited in the said proces against the first Thursday of November being the second day therof before which time it appears that my Lord Advocat Cannot so conveniently now in time of vacance adduce evidence against the petitioner in the said proces and that it would be wast trouble and expensses both for pursuers and witnesses to be brought here in time of harvest, The petitioner Therfore humbly offers to the saids Lords Consideratione That the only designe of the petitioners returne being to clear the petitioners affairs with the petitioners Creditors both they and the petitioner are quyte disappointed therof thorow the petitioners Confinement It being Imposible to make any advance therin So long as the petitioner was fixed here, Since neither they nor the other persones to whom the petitioner was to sell his tennements and dispose of the petitioners other effects for their payment are not in this place, And the petitioners present presures could not admitt of delays And Seing the petitioner hade found baill to sist himself before the saids Lords In all the dyets of the said proces And the petitioner was still willing to Subject himself to the outmost tryall for the petitioners vindicatione anent what the petitioner was charged with And Therfore Humbly Craveing the saids Lords would be pleased seriously to Consider the premisses and in regaird of the petitioners present hard Circumstances upon the baill allready found to take off the petitioners Confinement and allow the petitioner to goe about clearing of the petitioners affairs till the said second day of November as the said petitione bears The Lords of his Majesties privy Councill Haveing Considered the above petition given in to them by the above David Edie They doe hereby take of the petitioners confinement And notwithstanding therof doe hereby allow him to repair to the North Countrey and ther or any wher else within this kingdome to goe about the Clearing of his affairs untill the first day of November nixt to come inclusive In Respect the said David Edie has before Extracting hereof given bond and found Cautione acted in the books of privy Councill That he shall appear before the Lords therof upon the second day of November nixt to come to which he is to be cited in the process at the Lord advocats Instance against him, And that he Shall attend both the Councills and their Committies att all the dyets to be appointed by thir Lordships in the said proces, And that they shall appear before the saids Lords of privy Councill at any time Sooner if he shall be called or requyred therto under the penaltie of two hundred pounds sterling And in Regaird of the granting of the above bond Ordaines the former bond granted by him and his Cautioner to be given up, And appoints the forsaid bond to bear that the petitioner shall Live peacably in Comon Stile.

1. NRS, PC2/27, 241r-242r.

1. NRS, PC2/27, 241r-242r.

Decreet, 1 August 1699, Edinburgh

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Att Edinburgh The first day of August Jaj vic Nyntie Nyne years

D1699/8/41

Decreet

Decreet Suspending the Letters Alexander Leith Against Patrick Gordon and others

Anent the petition given in to the Lords of his Majesties privy Councill be Alexander Leith of Belcherie Shewing That the matter the petitioner was to lay before the saids Lords was so extraordinary and that the petitioner hade been therin, so attrociously injured That the petitioner must intreat the saids Lords to hear the full and true account of this whole Bussines, In the moneth of September Last Ther was a depredation Committed upon the petitioner and after much payments and expenses The petitioner at Lenth disrcovered that the depredation was Committed by Angus Mcdonald Comonly called the Hacketsteer and his adherants, and that Patrick Gordon in Glenbucket was the resetter and out hounder, Wherupon haveing accquainted Some of the Commissioners of Justiciary The petitioner obtained warrand under seven of their hands for seazeing of the persone of the said Patrick Gordone and Imprisoning him within the Tolbooth of Aberdeen and for keeping of him ther in Irons he being pessima fame and that prisone non of the Surest The Nighbours of this Patrick Gordon greatly allarmed with his Imprisonment Least if brought to tryall he might make discoveries use all their indeavor to gett him sett2 at Libertie upon Cautione And for that end upon the Twenty fifth of Aprile Last, petition the Commissioners of Justiciary mett at Inch that he might have his Liberty upon Caution, Bot the petitioner haveing made answers, the Commissioners Ordained him to remaine in prisone But freed him from the Irons upon Cautione, that he should not escape, And that at the same time they enact the petitioner to insist against him nixt Court day being the Twentie fifth of May Last by a Capitall indytment upon six dayes, with a list of assyssors and witnesses all which the petitioner performed, Bot Patricks Freinds fore seeing the hazard, Move the Commissioners at the day of Compearance to take nottice of the petitioners haveing by and attour the forsaid Judiciall warrand produced Likewayes ane extrajudiciall Warrand by two of the Commissioners Which warrand the pannells procurators quarrelled as a thing extraordinary, and Craved that the petitioner might abide be the said executione and warrand so produced by the petitioner They the said Commissioners upon the petitioners adhereing to the Judiciall act in presentia as sufficient warrand for giveing the Indytment and Simply passing from the extrajudiciall warrand as being needless and Superfluous became So inraged (from what Cause and mottive the petitioner shall not affirme) that they not only deserve the dyet against the pannell; and sett him at Liberty without Caution, Bot Decerned the petitioner to pay a hundred pound Scots to their Fiscall for their behoove, and farder to pay to the said Patrick Gordon Eightein hundred merks for his damnadges and fyve hundred for his Imprisonment, And Ordained the petitioner to be Immediatly Imprisoned in the Tolbooth of Elgine untill he payed the said fyve hundred merks and gave bond for the remainder payable at Lambas thereafter Like as the saids Commissioners were so violent in this matter that when the petitioner took instruments upon their Illegall and Arbitrary procedure they threatned the petitioner and his procurators and forced the Clerk to give back the instrument money so that the petitioner was necessitate to make use of another nottar whose Instruments upon the premisses were therwith produced, upon all these wrongs sustained from the vindicators of the publict Justice, and who pretend to be the necessary defenders of the Country from depredationes and spulzies, the petitioner meaned himself to the saids Lords by a bill of Suspensione, and by a petition for the petitioners Liberty in the mean time Both which the saids Lords did readily grant, and ever since the petitioner hath been attending the saids Lords dyet to see if the Charger would insist for the dismissing of the petitioners forsaid Suspension, Bot they knowing the gross injustice of their forsaid sentance and that it could never abide the saids Lords examinatione do move no more in that affair Bot Seing it was nowayes reasonable that the petitioner Should lye under the said Sentance and have no repairation for so great injuries, Therfore the petitioner does in the first place humbly beseech the saids Lords That Seing the said Chargers refuse to insist Their decreet and Charges theron might be Suspended Simpliciter, It was true that in the Ordinary forme before the Lords of Sessione wher the Charger doeth not insist, The Letters are only in use to be Suspended ay and while he does insist unless ther be a reductione in the feild, Bot Seing that reductions of this kind are not in use before the saids Lords and that the Chargers doe not insist, The petitioner must intreat the saids Lords to ordaine the Letters to be suspended Simpliciter And Farder Because the hardships the petitioner hade Suffered are griveous and intollerable the petitioner must farder represent to the Saids Lords first that the petitioner acted Nothing in this matter, Bot by express Warrand from the Commissioners themselves For first they gave warrand for seazing of the said Patrick, and nixt they gave warrand for keeping of him in Irons, and then they again free him from the Irons bot continue him in prisone, and Cause the petitioner enact himself to prosecute him at a certaine day all which the petitioner did in good forme so that for them not only to have exempted a nottorious theif and resetter from Justice when the petitioner hade his Lybell and prooffs ready But to have turned their violence against the petitioner in maner above represented was a thing unheard off It was true they alleadged the petitioner could have hade a speciall warrand at Least from two of the Commissioners for giveing Patrick ane indytment, Bot when the petitioner hade a speciall express warrand from seven what need of another speciall warrand from two, and yet notwithstanding of all the petitioners said defences, The saids Lords might see by their oun decreet how they not only desert the dyet against Patrick the nottorious theif and resetter But fine the petitioner in ane hundred pounds Scots to themselves and twentie thrie hundred merks to Patrick the Pannall as before said, so that a more unjust and exhorbitant procedure could hardly be instanced, And Therfore humbly Craveing the saids Lords in Consideratione of the premisses not only to discharge the forsaid sentance, and suspend the said Letters Simpliciter since the Chargers doe not insist, Bot also to Consider the petitioners forsaid hard usadge, and the heavy wrong the petitioner hade sustained in his reputatione and the petitioners persone and expensses And to Condemne the said Patrick Gordone Charger in Liberall expensses to be payed to the petitioner for repairation of the petitioners damnadges according as the saids Lords should found Just as the petition bears The Lords of his Majesties privy Councill haveing Considered this petitione given in to them by the above Alexander Leith And the saids Angus Mcdonald and Patrick Gordon Chargers being oft times called and not Compearing They In Respect of the saids two persones their absence have Discharged and here by Discharges the above Sentance pronounced against the petitioner by the above Commissioners of Justiciary And Suspends the Decreet and Letters Simpliciter upon the petitioner Suspender in all time comeing Reserving him to persew for expensses before any Judge Competent as accords.

Att Edinburgh The first day of August Jaj vic Nyntie Nyne years

D1699/8/41

Decreet

Decreet Suspending the Letters Alexander Leith Against Patrick Gordon and others

Anent the petition given in to the Lords of his Majesties privy Councill be Alexander Leith of Belcherie Shewing That the matter the petitioner was to lay before the saids Lords was so extraordinary and that the petitioner hade been therin, so attrociously injured That the petitioner must intreat the saids Lords to hear the full and true account of this whole Bussines, In the moneth of September Last Ther was a depredation Committed upon the petitioner and after much payments and expenses The petitioner at Lenth disrcovered that the depredation was Committed by Angus Mcdonald Comonly called the Hacketsteer and his adherants, and that Patrick Gordon in Glenbucket was the resetter and out hounder, Wherupon haveing accquainted Some of the Commissioners of Justiciary The petitioner obtained warrand under seven of their hands for seazeing of the persone of the said Patrick Gordone and Imprisoning him within the Tolbooth of Aberdeen and for keeping of him ther in Irons he being pessima fame and that prisone non of the Surest The Nighbours of this Patrick Gordon greatly allarmed with his Imprisonment Least if brought to tryall he might make discoveries use all their indeavor to gett him sett2 at Libertie upon Cautione And for that end upon the Twenty fifth of Aprile Last, petition the Commissioners of Justiciary mett at Inch that he might have his Liberty upon Caution, Bot the petitioner haveing made answers, the Commissioners Ordained him to remaine in prisone But freed him from the Irons upon Cautione, that he should not escape, And that at the same time they enact the petitioner to insist against him nixt Court day being the Twentie fifth of May Last by a Capitall indytment upon six dayes, with a list of assyssors and witnesses all which the petitioner performed, Bot Patricks Freinds fore seeing the hazard, Move the Commissioners at the day of Compearance to take nottice of the petitioners haveing by and attour the forsaid Judiciall warrand produced Likewayes ane extrajudiciall Warrand by two of the Commissioners Which warrand the pannells procurators quarrelled as a thing extraordinary, and Craved that the petitioner might abide be the said executione and warrand so produced by the petitioner They the said Commissioners upon the petitioners adhereing to the Judiciall act in presentia as sufficient warrand for giveing the Indytment and Simply passing from the extrajudiciall warrand as being needless and Superfluous became So inraged (from what Cause and mottive the petitioner shall not affirme) that they not only deserve the dyet against the pannell; and sett him at Liberty without Caution, Bot Decerned the petitioner to pay a hundred pound Scots to their Fiscall for their behoove, and farder to pay to the said Patrick Gordon Eightein hundred merks for his damnadges and fyve hundred for his Imprisonment, And Ordained the petitioner to be Immediatly Imprisoned in the Tolbooth of Elgine untill he payed the said fyve hundred merks and gave bond for the remainder payable at Lambas thereafter Like as the saids Commissioners were so violent in this matter that when the petitioner took instruments upon their Illegall and Arbitrary procedure they threatned the petitioner and his procurators and forced the Clerk to give back the instrument money so that the petitioner was necessitate to make use of another nottar whose Instruments upon the premisses were therwith produced, upon all these wrongs sustained from the vindicators of the publict Justice, and who pretend to be the necessary defenders of the Country from depredationes and spulzies, the petitioner meaned himself to the saids Lords by a bill of Suspensione, and by a petition for the petitioners Liberty in the mean time Both which the saids Lords did readily grant, and ever since the petitioner hath been attending the saids Lords dyet to see if the Charger would insist for the dismissing of the petitioners forsaid Suspension, Bot they knowing the gross injustice of their forsaid sentance and that it could never abide the saids Lords examinatione do move no more in that affair Bot Seing it was nowayes reasonable that the petitioner Should lye under the said Sentance and have no repairation for so great injuries, Therfore the petitioner does in the first place humbly beseech the saids Lords That Seing the said Chargers refuse to insist Their decreet and Charges theron might be Suspended Simpliciter, It was true that in the Ordinary forme before the Lords of Sessione wher the Charger doeth not insist, The Letters are only in use to be Suspended ay and while he does insist unless ther be a reductione in the feild, Bot Seing that reductions of this kind are not in use before the saids Lords and that the Chargers doe not insist, The petitioner must intreat the saids Lords to ordaine the Letters to be suspended Simpliciter And Farder Because the hardships the petitioner hade Suffered are griveous and intollerable the petitioner must farder represent to the Saids Lords first that the petitioner acted Nothing in this matter, Bot by express Warrand from the Commissioners themselves For first they gave warrand for seazing of the said Patrick, and nixt they gave warrand for keeping of him in Irons, and then they again free him from the Irons bot continue him in prisone, and Cause the petitioner enact himself to prosecute him at a certaine day all which the petitioner did in good forme so that for them not only to have exempted a nottorious theif and resetter from Justice when the petitioner hade his Lybell and prooffs ready But to have turned their violence against the petitioner in maner above represented was a thing unheard off It was true they alleadged the petitioner could have hade a speciall warrand at Least from two of the Commissioners for giveing Patrick ane indytment, Bot when the petitioner hade a speciall express warrand from seven what need of another speciall warrand from two, and yet notwithstanding of all the petitioners said defences, The saids Lords might see by their oun decreet how they not only desert the dyet against Patrick the nottorious theif and resetter But fine the petitioner in ane hundred pounds Scots to themselves and twentie thrie hundred merks to Patrick the Pannall as before said, so that a more unjust and exhorbitant procedure could hardly be instanced, And Therfore humbly Craveing the saids Lords in Consideratione of the premisses not only to discharge the forsaid sentance, and suspend the said Letters Simpliciter since the Chargers doe not insist, Bot also to Consider the petitioners forsaid hard usadge, and the heavy wrong the petitioner hade sustained in his reputatione and the petitioners persone and expensses And to Condemne the said Patrick Gordone Charger in Liberall expensses to be payed to the petitioner for repairation of the petitioners damnadges according as the saids Lords should found Just as the petition bears The Lords of his Majesties privy Councill haveing Considered this petitione given in to them by the above Alexander Leith And the saids Angus Mcdonald and Patrick Gordon Chargers being oft times called and not Compearing They In Respect of the saids two persones their absence have Discharged and here by Discharges the above Sentance pronounced against the petitioner by the above Commissioners of Justiciary And Suspends the Decreet and Letters Simpliciter upon the petitioner Suspender in all time comeing Reserving him to persew for expensses before any Judge Competent as accords.

1. NRS, PC2/27, 238v-241r.

2. Insertion.

1. NRS, PC2/27, 238v-241r.

2. Insertion.

Decreet, 1 August 1699, Edinburgh

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Att Edinburgh The first day of August Jaj vic Nyntie Nyne years

D1699/8/31

Decreet

Decreet James Waddell against Androw Garnoch2

Anent the bill of Suspension given in and presented to the Lords of his Majesties privy Councill be Androw Garnock in Buchanie and William Adinistoune of Campbuswallace Master and Landlord to the said Androw Garnock Shewing That wher the petitioners were lately charged be vertue of Letters of horning raised at the instance of James Waddell in Gimpack and Hary Christiesone procurator phiscall; to the Justiciary Court of the Midle district appointed for setleing and secureing the peace of the Highlands, To make payment to them of the Soumes of money following Viz to the said James Waddell the Soume of Thrie hundreth and Fourtie one pound Six Shilling Eight pennies Scots money of principall with two hundred pounds money forsaid of damnadge and expensses, And to the said Hary Christieson as Fiscall forsaid for the use of the said Court The Soume of Twentie seven pounds one Shilling four pennies money forsaid as the twentieth part of the forsaid Soumes, and that conforme to ane pretended decreet obtained at the instance of the saids Chargers against John Mcintyre Sometime in Bushany and the said Androw Garnock and the said William Adrinstoune as their master and Landlord for his intrest before the said Justiciary Court upon the twenty one day of March last by past within a Certain Short Space nixt after the Charge under the paine of rebellion and putting the petitioners to the horne who for alleadged disobedience intends to Cause denounce the petitioner therto or poynd the petitioners goods therfrae most wrongeously and unjustly, Considering it is of verity that the ground of the forsaid actione and decreet was for thriescore four Wadders alledged thifteously Stollen and away taken from the said James Waddell Charger and were alleadged to have been brought by the Steallers to the dwalling house of the said John Mcintyre and Androw Garnock and then billed and eaten, and the said Stelalers were for some time harboured and intertained by them this being the pursuers Lybell It was plainly a Criminall proces, and most relevant to inferr a Capitall punishment and the inviolable forme in all Criminall processes Ought to have been observant in this Viz a double of the lybell with a particular Condescendance of the names and designationes of the witnesses to be adduced Ought to have been delyvered to the defenders that they might have hade time to informe their defences and object against the witnesses Which being wholly neglected in this case the decreet is null and ought to be Simplicter Suspended, and the treuth is the witnesses that were made use of in this proces were so keeped up and detained in a closs room that the petitioner never so much as heard of their names untill they were brought out to depone before the Justiciars and then it was not suposable that the petitioner Could have relevant objectiones against men whom before that time the petitioner neither ever Saw or heard off, And yet notwithstanding it could evidently made appear that these very persones are the most villainous monsters in the Countrey and particularly Mcue and Donald Roy Fisher hade been heard frequently and most solemnly to promise the said William Adinistoune ane ill turne and to be revenged upon the petitioner for prosecuting his freind Archibald Fisher who hade Committed a Nottorious thift in my ground to death. Bot Secundo esto also the said Chargers hade past from any Criminall pursuit and restructed the Lybell the Simple restitutione yet in that case they behooved to have proven the number and value of the goods so alleadged to have been Spulzied Otherwayes then by the pursuers oun oath in Litem being only Competent to him in ane actione of recent Suplzie Which by the Law is Understood to be 3 when pursued within thrie years, Wheras this thift or spulzie is alleadged to have been Committed in the moneth of November or December Jaj vic nyntie thrie which is near six years agoe As appears by the decreet therwith produced and yet ther was no other probatione adduced in the proces either as to number or value Bot the pursuers Oath in Litem which is gross iniquity And Tertio the petitioners are most unjustly decerned to make payment of ane exorbitant Soume of damnadge without so much as oblidging the pursuer to give in a particular Condescendance far less to instruct the same which was most gross and absurd and they might with alse great Justice given decreet against the petitioner to the value of his whole fortune, And Therfore the forsaid decreet ought to be Simpliciter suspended Nevertheless the petitioners were Content Instantly to find Cautione And Therfore humbly Craveing the saids Lords would Grant warand for Letters to sumond the Chargers To Compear before the saids Lords at ane Certaine day Bringing with them the forsaid decreets Letters and to hear and See the samen suspended As in the said bill of Suspensione at more Length is Contained Which Bill of suspension and answers4 being this day read in principle of the Lords of his Majesties privy Councill And the saids Lords Haveing Considered both bill and answers being this day read in presence of the Lords of his Majesties privy Councill and the saids Lords haveing Considered both bill and answers They have Refused and hereby Refuses the said bill of Suspension And Finds the Letters at the Charters instance orderly proceeded And Ordaines the Same to be put to farder executione against the said suspenders

Att Edinburgh The first day of August Jaj vic Nyntie Nyne years

D1699/8/31

Decreet

Decreet James Waddell against Androw Garnoch2

Anent the bill of Suspension given in and presented to the Lords of his Majesties privy Councill be Androw Garnock in Buchanie and William Adinistoune of Campbuswallace Master and Landlord to the said Androw Garnock Shewing That wher the petitioners were lately charged be vertue of Letters of horning raised at the instance of James Waddell in Gimpack and Hary Christiesone procurator phiscall; to the Justiciary Court of the Midle district appointed for setleing and secureing the peace of the Highlands, To make payment to them of the Soumes of money following Viz to the said James Waddell the Soume of Thrie hundreth and Fourtie one pound Six Shilling Eight pennies Scots money of principall with two hundred pounds money forsaid of damnadge and expensses, And to the said Hary Christieson as Fiscall forsaid for the use of the said Court The Soume of Twentie seven pounds one Shilling four pennies money forsaid as the twentieth part of the forsaid Soumes, and that conforme to ane pretended decreet obtained at the instance of the saids Chargers against John Mcintyre Sometime in Bushany and the said Androw Garnock and the said William Adrinstoune as their master and Landlord for his intrest before the said Justiciary Court upon the twenty one day of March last by past within a Certain Short Space nixt after the Charge under the paine of rebellion and putting the petitioners to the horne who for alleadged disobedience intends to Cause denounce the petitioner therto or poynd the petitioners goods therfrae most wrongeously and unjustly, Considering it is of verity that the ground of the forsaid actione and decreet was for thriescore four Wadders alledged thifteously Stollen and away taken from the said James Waddell Charger and were alleadged to have been brought by the Steallers to the dwalling house of the said John Mcintyre and Androw Garnock and then billed and eaten, and the said Stelalers were for some time harboured and intertained by them this being the pursuers Lybell It was plainly a Criminall proces, and most relevant to inferr a Capitall punishment and the inviolable forme in all Criminall processes Ought to have been observant in this Viz a double of the lybell with a particular Condescendance of the names and designationes of the witnesses to be adduced Ought to have been delyvered to the defenders that they might have hade time to informe their defences and object against the witnesses Which being wholly neglected in this case the decreet is null and ought to be Simplicter Suspended, and the treuth is the witnesses that were made use of in this proces were so keeped up and detained in a closs room that the petitioner never so much as heard of their names untill they were brought out to depone before the Justiciars and then it was not suposable that the petitioner Could have relevant objectiones against men whom before that time the petitioner neither ever Saw or heard off, And yet notwithstanding it could evidently made appear that these very persones are the most villainous monsters in the Countrey and particularly Mcue and Donald Roy Fisher hade been heard frequently and most solemnly to promise the said William Adinistoune ane ill turne and to be revenged upon the petitioner for prosecuting his freind Archibald Fisher who hade Committed a Nottorious thift in my ground to death. Bot Secundo esto also the said Chargers hade past from any Criminall pursuit and restructed the Lybell the Simple restitutione yet in that case they behooved to have proven the number and value of the goods so alleadged to have been Spulzied Otherwayes then by the pursuers oun oath in Litem being only Competent to him in ane actione of recent Suplzie Which by the Law is Understood to be 3 when pursued within thrie years, Wheras this thift or spulzie is alleadged to have been Committed in the moneth of November or December Jaj vic nyntie thrie which is near six years agoe As appears by the decreet therwith produced and yet ther was no other probatione adduced in the proces either as to number or value Bot the pursuers Oath in Litem which is gross iniquity And Tertio the petitioners are most unjustly decerned to make payment of ane exorbitant Soume of damnadge without so much as oblidging the pursuer to give in a particular Condescendance far less to instruct the same which was most gross and absurd and they might with alse great Justice given decreet against the petitioner to the value of his whole fortune, And Therfore the forsaid decreet ought to be Simpliciter suspended Nevertheless the petitioners were Content Instantly to find Cautione And Therfore humbly Craveing the saids Lords would Grant warand for Letters to sumond the Chargers To Compear before the saids Lords at ane Certaine day Bringing with them the forsaid decreets Letters and to hear and See the samen suspended As in the said bill of Suspensione at more Length is Contained Which Bill of suspension and answers4 being this day read in principle of the Lords of his Majesties privy Councill And the saids Lords Haveing Considered both bill and answers being this day read in presence of the Lords of his Majesties privy Councill and the saids Lords haveing Considered both bill and answers They have Refused and hereby Refuses the said bill of Suspension And Finds the Letters at the Charters instance orderly proceeded And Ordaines the Same to be put to farder executione against the said suspenders

1. NRS, PC2/27, 237r-238v.

2. Two illegible words scored out here.

3. The words ‘by the’ scored out here.

4. The words ‘and answers’ are an insertion.

1. NRS, PC2/27, 237r-238v.

2. Two illegible words scored out here.

3. The words ‘by the’ scored out here.

4. The words ‘and answers’ are an insertion.

Act, 1 August 1699, Edinburgh

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Att Edinburgh The first day of August Jaj vic Nyntie Nyne years

D1699/8/21

Act

Act William Blaikburn merchant in Glasgow

Anent the petition given in to the Lords of his Majesties privy Councill be William Blaikburne merchant in Glasgow Shewing That wher the Supplicant haveing gone to Ireland the fiftein of May last with some goods fitt for that place, which accordingly the petitioner Sold ther and converted the product into other goods, apart wherof was a few worsted stuffs putt aboard at Balfast in the Ship […] Wherof John Barclay is master Bot meeting with Contrary wind was detained at Sea viz at Lamlash and other parts by the way untill two dayes after the saids Lords Last act dischargeing the Importation of all foraigne Cloaths and worsted Stuffs came to the Customhouse office at Portglasgow wherupon the Surveyer their Seazed the petitioners saids stuffs which were agreat surprize to the petitioner He never haveing heard of the Said act untill his returne from Ireland And Seing the petitioner was every way Ignorant of the saids Lords said act And that also they were Shipped aboard at Belfast before the saids Lords act to be Imported to this kingdome as would appear by the Cockquet from Balfast dated the Twenty thrid of June last and the said master South also, If the Ship had not been detained by Contrary winds the goods have been timeously Imported before the said act came to the Collector his hands, And Therfore Humbly Craveing the saids Lords Would take the premisses into Consideratione and order the Collectors or his deputs to delyver the petitioner back his saids goods upon the petitioners paying his Majesties duty therfore Or otherwayes to export the Same againe out of this kingdome Which the petitioner was willing to doe and give bond for that effect As the petitione bears. The Lords of his Majesties privy Councill haveing Considered this petition given in to them be the above William Blackburne They hereby Ordaine all Tacksmen Collectors Surveyers or others in whose Custody the above Worsett stuffs are lying to restore and delyver back againe the Same to the petitioner and discharges them to make any Seizure therof and allowes the said petitioner William Blackburne to export the saids goods furth of this kingdome In Respect That John Barclay Skiper has given up Inventar and deponed thereupon And that betwixt and the first day of November nixt And alse In Respect the petitioner has given bond and find Sufficient Cautione acted in the books of privy Councill to the effect forsaid under the penalty of the value of the goods so to be transported.

Att Edinburgh The first day of August Jaj vic Nyntie Nyne years

D1699/8/21

Act

Act William Blaikburn merchant in Glasgow

Anent the petition given in to the Lords of his Majesties privy Councill be William Blaikburne merchant in Glasgow Shewing That wher the Supplicant haveing gone to Ireland the fiftein of May last with some goods fitt for that place, which accordingly the petitioner Sold ther and converted the product into other goods, apart wherof was a few worsted stuffs putt aboard at Balfast in the Ship […] Wherof John Barclay is master Bot meeting with Contrary wind was detained at Sea viz at Lamlash and other parts by the way untill two dayes after the saids Lords Last act dischargeing the Importation of all foraigne Cloaths and worsted Stuffs came to the Customhouse office at Portglasgow wherupon the Surveyer their Seazed the petitioners saids stuffs which were agreat surprize to the petitioner He never haveing heard of the Said act untill his returne from Ireland And Seing the petitioner was every way Ignorant of the saids Lords said act And that also they were Shipped aboard at Belfast before the saids Lords act to be Imported to this kingdome as would appear by the Cockquet from Balfast dated the Twenty thrid of June last and the said master South also, If the Ship had not been detained by Contrary winds the goods have been timeously Imported before the said act came to the Collector his hands, And Therfore Humbly Craveing the saids Lords Would take the premisses into Consideratione and order the Collectors or his deputs to delyver the petitioner back his saids goods upon the petitioners paying his Majesties duty therfore Or otherwayes to export the Same againe out of this kingdome Which the petitioner was willing to doe and give bond for that effect As the petitione bears. The Lords of his Majesties privy Councill haveing Considered this petition given in to them be the above William Blackburne They hereby Ordaine all Tacksmen Collectors Surveyers or others in whose Custody the above Worsett stuffs are lying to restore and delyver back againe the Same to the petitioner and discharges them to make any Seizure therof and allowes the said petitioner William Blackburne to export the saids goods furth of this kingdome In Respect That John Barclay Skiper has given up Inventar and deponed thereupon And that betwixt and the first day of November nixt And alse In Respect the petitioner has given bond and find Sufficient Cautione acted in the books of privy Councill to the effect forsaid under the penalty of the value of the goods so to be transported.

1. NRS, PC2/27, 236r-237r.

1. NRS, PC2/27, 236r-237r.

Sederunt, 1 August 1699, Edinburgh

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Att Edinburgh The first day of August Jaj vic Nyntie Nyne years1

D1699/8/12

Sederunt

Lord Chancelor; Earl of Cassills; Earl of Forfarr; Earl of Kintoir; Lord Strathnaver; Lord Forbes; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Halcraig; Lord Crossrig; Lord Phesdoe; Mr Fra: Montgomry; Lord Provest of Edinburgh

Att Edinburgh The first day of August Jaj vic Nyntie Nyne years1

D1699/8/12

Sederunt

Lord Chancelor; Earl of Cassills; Earl of Forfarr; Earl of Kintoir; Lord Strathnaver; Lord Forbes; Lord Ruthven; Lord Advocat; Lord Justice Clerk; Lord Halcraig; Lord Crossrig; Lord Phesdoe; Mr Fra: Montgomry; Lord Provest of Edinburgh

1. NRS, PC2/27, 236r.

2. NRS, PC2/27, 236r.

1. NRS, PC2/27, 236r.

2. NRS, PC2/27, 236r.

Decreet, 10 August 1697, Edinburgh

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Att Edinburgh the Tenth day of Augwst Jaj vic nyntie Seven yeirs

D1697/8/171

Decreet

Interloquitor Dwke and Dutches of Gordon

The petitione The Dwtches of Gordon wherupon ther is a deliberance of the fifth of August instant being this day red againe and ane additionall petitione for the said Dutches and a petitione By the Dwke of Gordone by way of answer therto being all this day red in presence of The Lords of his majesties privie Cownsell And the advocats for both pairties being called Compeared Sir Patrick Home as Advocat for the said Dwke of Gordone And Sucklyke Compeared Sir James Stewart his majesties advocat as Advocats for the Dwtches And the saids Lords haveing at Lenth heard both pairties Lawuers They heirby Stopp the forsaid interloquitor pronunced by them upon the said fifth of Augwst instant and discharges the bookeing or extracting therof And remitts the point of aliment to be insisted in and discust before The Lords of Cownsell and Sessione upon and according to the process depending befor ther Lordships at the instance of the said Dwtches

Att Edinburgh the Tenth day of Augwst Jaj vic nyntie Seven yeirs

D1697/8/171

Decreet

Interloquitor Dwke and Dutches of Gordon

The petitione The Dwtches of Gordon wherupon ther is a deliberance of the fifth of August instant being this day red againe and ane additionall petitione for the said Dutches and a petitione By the Dwke of Gordone by way of answer therto being all this day red in presence of The Lords of his majesties privie Cownsell And the advocats for both pairties being called Compeared Sir Patrick Home as Advocat for the said Dwke of Gordone And Sucklyke Compeared Sir James Stewart his majesties advocat as Advocats for the Dwtches And the saids Lords haveing at Lenth heard both pairties Lawuers They heirby Stopp the forsaid interloquitor pronunced by them upon the said fifth of Augwst instant and discharges the bookeing or extracting therof And remitts the point of aliment to be insisted in and discust before The Lords of Cownsell and Sessione upon and according to the process depending befor ther Lordships at the instance of the said Dwtches

1. NRS, PC2/27, 38v-39r.

1. NRS, PC2/27, 38v-39r.

Sederunt, 10 August 1697, Edinburgh

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Att Edinburgh the Tenth day of Augwst Jaj vic nyntie Seven yeirs1

D1697/8/162

Sederunt

Lord Chancellor; Duke of Qweensberry; Earl of Argyle; Earl of Sowtherland; Earl of Marr; Earl of Morton; Earl of Buchan; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Kintore; Earl of Rwglen; Viscount Tarbat; Lord Forbes; Lord Secretary Ogilvie; Lord Advocat; Lord Justice Clerk; Laird of Pollock; Laird of Blackbarrony; Sir Patrick Murray

Att Edinburgh the Tenth day of Augwst Jaj vic nyntie Seven yeirs1

D1697/8/162

Sederunt

Lord Chancellor; Duke of Qweensberry; Earl of Argyle; Earl of Sowtherland; Earl of Marr; Earl of Morton; Earl of Buchan; Earl of Lauderdale; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Kintore; Earl of Rwglen; Viscount Tarbat; Lord Forbes; Lord Secretary Ogilvie; Lord Advocat; Lord Justice Clerk; Laird of Pollock; Laird of Blackbarrony; Sir Patrick Murray

1. NRS, PC2/27, 38v.

2. NRS, PC2/27, 38v.

1. NRS, PC2/27, 38v.

2. NRS, PC2/27, 38v.

Procedure: committee formed, 7 August 1697, Edinburgh

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Att Edinburgh the seventh day of Augwst Jaj vic nyntie seven yeirs

D1697/8/151

Procedure: committee formed

Comittie Anent Dwke and Dutches of Gordon

The Lords of his majesties privie Councell doe hereby Recommend to The Earle of Annandale The Viscount of Tarbat and Sir James Ogilvie principall Secretarie of State to be a Comitie to endeavoure to setle the mater of difference about the interloquitor betuixt The dwke of Gordone and his dwtches And Declaires any two of them to be a sufficient qworwm And recomends to the Comitie to report ther opinion to the Counsell against twesday next.

Att Edinburgh the seventh day of Augwst Jaj vic nyntie seven yeirs

D1697/8/151

Procedure: committee formed

Comittie Anent Dwke and Dutches of Gordon

The Lords of his majesties privie Councell doe hereby Recommend to The Earle of Annandale The Viscount of Tarbat and Sir James Ogilvie principall Secretarie of State to be a Comitie to endeavoure to setle the mater of difference about the interloquitor betuixt The dwke of Gordone and his dwtches And Declaires any two of them to be a sufficient qworwm And recomends to the Comitie to report ther opinion to the Counsell against twesday next.

1. NRS, PC2/27, 38v.

1. NRS, PC2/27, 38v.

Sederunt, 7 August 1697, Edinburgh

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Att Edinburgh the seventh day of Augwst Jaj vic nyntie seven yeirs1

D1697/8/142

Sederunt

Lord Chancellor; Duke of Qweensberry; Earl of Argyle; Earl of Marr; Earl of Lauderdale; Earl of Lowdowne; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Kintore; Earl of Ruglen; Viscount Tarbatt; Lord Forbes; Lord Secretary Ogilvie; Lord Advocat; Lord Justice clerk; Lord Anstruther; Mr Fra: Montgomery; Laird of Pollock; Laird of Blackbarrony; Laird of Kelburne; Sir Patrick Murray

Att Edinburgh the seventh day of Augwst Jaj vic nyntie seven yeirs1

D1697/8/142

Sederunt

Lord Chancellor; Duke of Qweensberry; Earl of Argyle; Earl of Marr; Earl of Lauderdale; Earl of Lowdowne; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Kintore; Earl of Ruglen; Viscount Tarbatt; Lord Forbes; Lord Secretary Ogilvie; Lord Advocat; Lord Justice clerk; Lord Anstruther; Mr Fra: Montgomery; Laird of Pollock; Laird of Blackbarrony; Laird of Kelburne; Sir Patrick Murray

1. NRS, PC2/27, 38v.

2. NRS, PC2/27, 38v.

1. NRS, PC2/27, 38v.

2. NRS, PC2/27, 38v.