Tag Archives: December

Act, 17 December 1695, Edinburgh

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Att Edinburgh the Seventyne day of December Jaj vic nyntie five yeirs

D1695/12/341

Act

Act Rachell Adams

The Lords of his majesties privie Councell haveing considered a petitione given in to them be Rachell Adams relict of the deceast Mr Alexander Pittcairne Principall of the new Colledge of St Andrews They heirby allow to the said petitioner the Stipend or Sellarie of the principall of the new Colledge of St Andrews for the half cropt and yeir of God Jaj vic and nyntie five And decernes and ordaines John Guthrie the factor or any other intrometter with the rents of the Said new colledge to make payment to the petitioner of the Same And allowes the regents and maisters of the said new colledge to 2 Sie and ansuer the Same as to the cellarie of the Second maister And ordaines Letters of Horning to be direct hereon under the Signet of Councell for payment of cellarie of the principall and others in forme as effeirs

Att Edinburgh the Seventyne day of December Jaj vic nyntie five yeirs

D1695/12/341

Act

Act Rachell Adams

The Lords of his majesties privie Councell haveing considered a petitione given in to them be Rachell Adams relict of the deceast Mr Alexander Pittcairne Principall of the new Colledge of St Andrews They heirby allow to the said petitioner the Stipend or Sellarie of the principall of the new Colledge of St Andrews for the half cropt and yeir of God Jaj vic and nyntie five And decernes and ordaines John Guthrie the factor or any other intrometter with the rents of the Said new colledge to make payment to the petitioner of the Same And allowes the regents and maisters of the said new colledge to 2 Sie and ansuer the Same as to the cellarie of the Second maister And ordaines Letters of Horning to be direct hereon under the Signet of Councell for payment of cellarie of the principall and others in forme as effeirs

1. NRS, PC2/26, 64r-64v.

2. The words ‘make payment’ scored out here.

1. NRS, PC2/26, 64r-64v.

2. The words ‘make payment’ scored out here.

Act, 17 December 1695, Edinburgh

Posted on by

Att Edinburgh the Seventyne day of December Jaj vic nyntie five yeirs

D1695/12/331

Act

Act and remitt Thomas Russell

Anent the petitione given in to the Lords of his majesties privie Counsell Be Thomas Russell of Elrig Shewing That wherin a complaint at the instance of Thomas Aikenhead of Jaw against the petitioner for alleadged hindering him to repair the Dam of the mylne of Jaw And for the Stopping of the bwilding of a new mylne which the petitioner was bwilding upon his own ground And for the alleadged diverting of the water from the persewars mylne of Jaw The2 Saids Lords of privie Councell efter heareing the complaint and ansuers and a full debate in ther own presence be interloqwitor the tenth of December last Fand that pairt of the lybell relevant that the petitioner had molested and impeded the persewar in his right and possessione of the mylne of Jaw and watergang and mylnehead therof in maner lybelled And admitted the Same to the persewars probatione But refused to Sustaine proces as to the bwilding of ane other mylne And appointed a committee for takeing the depositiones of the wittnesses upon the points found relevant And accordingly ther being severall wittnesses examined But finding that they prove Litle or nothing that was materiall He upon a petition given in the next Counsell reclameing against the interloquitor he obtained a new interloquitor Remitting to the Comittie to examine the wittnesses upon the petitioners diverting the course of the writer And that therby the said Thomas Aikenhead was prejudged And gave comissione to take the depositione of Andrew Currie a wittnes in the Countrie And in the mean tyme Stopped the bwilding or goeing of the petitioners mylne of Ellrig As to which The petitioner humbly represents That The said Last interloquitor was procured parte mandata Wheras if the petitioner had bein allowed to ansuer the petitione he would have alleadged that the wittnesses could not be examined upon any other points then what was contained in the former interloquitor which was that the petitioner Should have hindered to repaire the dam slwce and watergang of the mylne of Jaw by takeing the Spade out of the workmens hands And threatning any persone that Should cast any faill for the wse forsaid As the Samen is mentioned in the lybell And the comittie when they compared the lybell with the Saids Lords of privie Councell ther interloquitor They fand that the wittnesses could not be interrogat upon any other point for as to the diverting the channell and Course of the water that pairt of the lybell was taken off by the petitioners ansuer which was this That the Loch from which the water was Drawen was in the petitioners grownd And that the Channell and course of the water and aqweduct that the petitioner did Draw from the said Loch to his own mylne was also upon his own grownd that he could not be hindered to make ane channell and aqwedwct in his own grownd As also that the persewer had no prejudice in this caice nor was the water anywayes diverted from the petitioners mylne being the Superior mylne albeit he brought the water a Litle off the ordinary course to his mylne yet imediatly when it goes from the petitioners mylne it falls in againe to the persewers Dam and Leader And So goes Straight to the persewers mylne And ther was no Loss of water by pretendit impedeing the persewer in repaireing of his Dam And as the comittie did examine them only in relatione to that particular so they could not examine them upon any Diverting of the water by the petitioners makeing of new aqwadwcts his mylne In respect that was a point of right propper to be determined by the Judge ordinary The petitioner would have alleadged that he could not be Stopt in the building of his new mylne Because everie persone may bwild a mylne upon his own grownd wnles he be restricted by a Servitage or thirleage or that he were restrained be Some particular right and obligatione not to bwild a mylne And in this caice ther is nether restrictione nor any restraint upon the petitioner not to build a mylne but on the contrair by his Contract By his few right from The Dwke of Hamiltowne Superior he is impouered And it is declaired Laufull and Leisium to him to bwild a Corne mylne upon his Lands of Ellrig for grinding of his cornes And to appropriat the profeits therof for his own wse As appears by his right produced in the yeir Jaj vic and fiftie And the persewer neither hes nor can pretend to have any right of thirleage upon the petitioners Lands But only he alleadges that Monteith of Mylnehall hes right of thirleage But that Does not at all concerne the mylne of Jaw nor is mylne hall compeareing in this proces nor is ther any right of Thirleage produced And albeit the petitioner needed not to say any more but that he was not lyable in any thirleage to the mylne of Jaw and So may be frie to bwild his mylne upon his own ground yet Seing he furder instructs by his right produced above fourtie five yeirs Since That he is impouered to bwild a mulne he can never be impeded to build the said mylne upon the persewers Simple assertione that he is thirled to his mylne For if that were allowed any persone may hinder a neighboure to bwild a mylne upon his own ground upon his Simple assertione that the builder of the mylne is restricted to the persone that would hinder him And by this meanes no man Shall be alloued to build a mylne upon his his3 own ground albeit he be absolutely frie untill he first persue a declarator against all the neighbours of the neighboureing mylnes which no man will have the confidence to assert As also both these points in relatione to his building of the mylne and Drawing of water by ane aqwadwct And Leader to his own mylne in his own ground being points of right are only propper to be Determined by The Lords of Sessione Therfore the saids Lords of privie Councell efter full Heareing of both pairties upon these points did most Justly refwise to Sustaine proces befor the Counsell as to the building of ane other mylne And the drawing of ane aqwadwct and Leader to his mylne was a pairt of the bwilding of his new mylne And consequently proces was not Sustained in relatione to that pairt of the lybell wher the persuer complaines of the petitioners makeing a new Channell and drawing the water to his mylne through his own ground for as he can build a mylne als undoubtedly he may be vertue of his right He be the same reasone may Draw ane aqwedwct and Leader to his mylne through his own grownd And So as he cannot be hindered to bwild mylne he cannot be hindered to mak a Dam And leader to her But especiallie wher the persuer hes no prejudice the water falling intirlie into his Dam as it comes from the petitioners mylne Tertio no comissione ought to be granted for takeing of Currie the witnes his oath who is pretended to be of a great age Seing ther is nothing produced to instruct his age And Such comissioners are not in wse to be granted unles testificats of ther age be produced upon Soule and conscience that they are not able to travell for ages Quarto as to that pretence that ther is not a Shirreff in Stirleing Shyre now Since The Earle of Linlithgows Decease It is absolutely groundles seeing the petitioner is not lyable to the Shirreffs Jurisdictione in respect his Lands lyes within the regalitie of Borrowstownes as appears by his right prodwce And Therfore humbly craveing that the saids Lords of privie Councell would be pleased to resume to ther consideratione the last interloquitor which was past withowt heareing of pairties And adhere to the first interloquitor allowing only the wittnesses to be examined as to the petitioners intended impedeing of the persuer and his Servants in repaireing of his Damm and refuseing to Sustaine proces befor the privie Counsell as to the building of his mylne And the petitioners mylne being alreadie Compleat by bwilt he may be allowed to proceed to make her a goeing mylne But when the persewer shall intent any actione befor the Judge ordinary against the petitioner for declareing any astrictione or that he hes not a right to bwild a mylne He shall have ane ansuer And to discharge the executeing of any Comissione for takeing of Curries oath in the Countrie befor a testificat upon soull and conscience of his age and infirmitie that he is not able to travell be produced As the said petitione bears Which being this day red and considered be the saids Lords of privie Councell They doe heirby adhere to ther last interloquitor pronunced upon Thomas Aikenehad of Jawes petitione as to the Stopping of the building of the petitioners mylne And remitts that point anent the Diverting of the course of the water And also that pairt of the lybell anent the petitioners haveing right to bwild a new mylne To the Lords of Sessione And recomends to them to discuss the Samen Summarly without the ordinary course of the roll And refwises to allow any wittnesses to be adduced anent the diverting of the course of the water And adheres to the Comissione for takeing of Andrew Curries oath as to the Stopping of Jaues men in mending the Dam

Att Edinburgh the Seventyne day of December Jaj vic nyntie five yeirs

D1695/12/331

Act

Act and remitt Thomas Russell

Anent the petitione given in to the Lords of his majesties privie Counsell Be Thomas Russell of Elrig Shewing That wherin a complaint at the instance of Thomas Aikenhead of Jaw against the petitioner for alleadged hindering him to repair the Dam of the mylne of Jaw And for the Stopping of the bwilding of a new mylne which the petitioner was bwilding upon his own ground And for the alleadged diverting of the water from the persewars mylne of Jaw The2 Saids Lords of privie Councell efter heareing the complaint and ansuers and a full debate in ther own presence be interloqwitor the tenth of December last Fand that pairt of the lybell relevant that the petitioner had molested and impeded the persewar in his right and possessione of the mylne of Jaw and watergang and mylnehead therof in maner lybelled And admitted the Same to the persewars probatione But refused to Sustaine proces as to the bwilding of ane other mylne And appointed a committee for takeing the depositiones of the wittnesses upon the points found relevant And accordingly ther being severall wittnesses examined But finding that they prove Litle or nothing that was materiall He upon a petition given in the next Counsell reclameing against the interloquitor he obtained a new interloquitor Remitting to the Comittie to examine the wittnesses upon the petitioners diverting the course of the writer And that therby the said Thomas Aikenhead was prejudged And gave comissione to take the depositione of Andrew Currie a wittnes in the Countrie And in the mean tyme Stopped the bwilding or goeing of the petitioners mylne of Ellrig As to which The petitioner humbly represents That The said Last interloquitor was procured parte mandata Wheras if the petitioner had bein allowed to ansuer the petitione he would have alleadged that the wittnesses could not be examined upon any other points then what was contained in the former interloquitor which was that the petitioner Should have hindered to repaire the dam slwce and watergang of the mylne of Jaw by takeing the Spade out of the workmens hands And threatning any persone that Should cast any faill for the wse forsaid As the Samen is mentioned in the lybell And the comittie when they compared the lybell with the Saids Lords of privie Councell ther interloquitor They fand that the wittnesses could not be interrogat upon any other point for as to the diverting the channell and Course of the water that pairt of the lybell was taken off by the petitioners ansuer which was this That the Loch from which the water was Drawen was in the petitioners grownd And that the Channell and course of the water and aqweduct that the petitioner did Draw from the said Loch to his own mylne was also upon his own grownd that he could not be hindered to make ane channell and aqwedwct in his own grownd As also that the persewer had no prejudice in this caice nor was the water anywayes diverted from the petitioners mylne being the Superior mylne albeit he brought the water a Litle off the ordinary course to his mylne yet imediatly when it goes from the petitioners mylne it falls in againe to the persewers Dam and Leader And So goes Straight to the persewers mylne And ther was no Loss of water by pretendit impedeing the persewer in repaireing of his Dam And as the comittie did examine them only in relatione to that particular so they could not examine them upon any Diverting of the water by the petitioners makeing of new aqwadwcts his mylne In respect that was a point of right propper to be determined by the Judge ordinary The petitioner would have alleadged that he could not be Stopt in the building of his new mylne Because everie persone may bwild a mylne upon his own grownd wnles he be restricted by a Servitage or thirleage or that he were restrained be Some particular right and obligatione not to bwild a mylne And in this caice ther is nether restrictione nor any restraint upon the petitioner not to build a mylne but on the contrair by his Contract By his few right from The Dwke of Hamiltowne Superior he is impouered And it is declaired Laufull and Leisium to him to bwild a Corne mylne upon his Lands of Ellrig for grinding of his cornes And to appropriat the profeits therof for his own wse As appears by his right produced in the yeir Jaj vic and fiftie And the persewer neither hes nor can pretend to have any right of thirleage upon the petitioners Lands But only he alleadges that Monteith of Mylnehall hes right of thirleage But that Does not at all concerne the mylne of Jaw nor is mylne hall compeareing in this proces nor is ther any right of Thirleage produced And albeit the petitioner needed not to say any more but that he was not lyable in any thirleage to the mylne of Jaw and So may be frie to bwild his mylne upon his own ground yet Seing he furder instructs by his right produced above fourtie five yeirs Since That he is impouered to bwild a mulne he can never be impeded to build the said mylne upon the persewers Simple assertione that he is thirled to his mylne For if that were allowed any persone may hinder a neighboure to bwild a mylne upon his own ground upon his Simple assertione that the builder of the mylne is restricted to the persone that would hinder him And by this meanes no man Shall be alloued to build a mylne upon his his3 own ground albeit he be absolutely frie untill he first persue a declarator against all the neighbours of the neighboureing mylnes which no man will have the confidence to assert As also both these points in relatione to his building of the mylne and Drawing of water by ane aqwadwct And Leader to his own mylne in his own ground being points of right are only propper to be Determined by The Lords of Sessione Therfore the saids Lords of privie Councell efter full Heareing of both pairties upon these points did most Justly refwise to Sustaine proces befor the Counsell as to the building of ane other mylne And the drawing of ane aqwadwct and Leader to his mylne was a pairt of the bwilding of his new mylne And consequently proces was not Sustained in relatione to that pairt of the lybell wher the persuer complaines of the petitioners makeing a new Channell and drawing the water to his mylne through his own ground for as he can build a mylne als undoubtedly he may be vertue of his right He be the same reasone may Draw ane aqwedwct and Leader to his mylne through his own grownd And So as he cannot be hindered to bwild mylne he cannot be hindered to mak a Dam And leader to her But especiallie wher the persuer hes no prejudice the water falling intirlie into his Dam as it comes from the petitioners mylne Tertio no comissione ought to be granted for takeing of Currie the witnes his oath who is pretended to be of a great age Seing ther is nothing produced to instruct his age And Such comissioners are not in wse to be granted unles testificats of ther age be produced upon Soule and conscience that they are not able to travell for ages Quarto as to that pretence that ther is not a Shirreff in Stirleing Shyre now Since The Earle of Linlithgows Decease It is absolutely groundles seeing the petitioner is not lyable to the Shirreffs Jurisdictione in respect his Lands lyes within the regalitie of Borrowstownes as appears by his right prodwce And Therfore humbly craveing that the saids Lords of privie Councell would be pleased to resume to ther consideratione the last interloquitor which was past withowt heareing of pairties And adhere to the first interloquitor allowing only the wittnesses to be examined as to the petitioners intended impedeing of the persuer and his Servants in repaireing of his Damm and refuseing to Sustaine proces befor the privie Counsell as to the building of his mylne And the petitioners mylne being alreadie Compleat by bwilt he may be allowed to proceed to make her a goeing mylne But when the persewer shall intent any actione befor the Judge ordinary against the petitioner for declareing any astrictione or that he hes not a right to bwild a mylne He shall have ane ansuer And to discharge the executeing of any Comissione for takeing of Curries oath in the Countrie befor a testificat upon soull and conscience of his age and infirmitie that he is not able to travell be produced As the said petitione bears Which being this day red and considered be the saids Lords of privie Councell They doe heirby adhere to ther last interloquitor pronunced upon Thomas Aikenehad of Jawes petitione as to the Stopping of the building of the petitioners mylne And remitts that point anent the Diverting of the course of the water And also that pairt of the lybell anent the petitioners haveing right to bwild a new mylne To the Lords of Sessione And recomends to them to discuss the Samen Summarly without the ordinary course of the roll And refwises to allow any wittnesses to be adduced anent the diverting of the course of the water And adheres to the Comissione for takeing of Andrew Curries oath as to the Stopping of Jaues men in mending the Dam

1. NRS, PC2/26, 61v-64r.

2. The word ‘petitioner’ scored out here.

3. Sic.

1. NRS, PC2/26, 61v-64r.

2. The word ‘petitioner’ scored out here.

3. Sic.

Sederunt, 17 December 1695, Edinburgh

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Att Edinburgh the Seventyne day of December Jaj vic nyntie five yeirs1

D1695/12/322

Sederunt

Lord Chancellour; Earl of Sowtherland; Lord Yester; Viscount Tarbat; Lord Carmichel; Lord Justice Clerk; Lord Anstruther; Laird of Blackbarrony; Sir George Campbell; Sir Robert Cheisly provost of Edinburgh

Att Edinburgh the Seventyne day of December Jaj vic nyntie five yeirs1

D1695/12/322

Sederunt

Lord Chancellour; Earl of Sowtherland; Lord Yester; Viscount Tarbat; Lord Carmichel; Lord Justice Clerk; Lord Anstruther; Laird of Blackbarrony; Sir George Campbell; Sir Robert Cheisly provost of Edinburgh

1. NRS, PC2/26, 61v.

2. NRS, PC2/26, 61v.

1. NRS, PC2/26, 61v.

2. NRS, PC2/26, 61v.

Warrant, 12 December 1695, Edinburgh

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Att Edinburgh the twelve day of December Jaj vic nyntie five yeirs

D1695/12/311

Warrant

Warrand Doctor Trotter

The Lords of his majesties privie Counsell doe heirby appoint ther clerk in whose hands the patent registers books and papers belonging to the Colledge of phisitians are to exhibite and Lay Downe the Same upon the table within the rowme wher ther colledge meets in presence of Mr Robert Trotter Doctor of medicine present president of the said colledge whom they appoint to receave the patent registers books and papers And be ansuerable for the same in tyme comeing And appoints the keeyes of the roome wher the said colledge does meet now in ther saids clerks hands to be delivered to the persone who is officer to the said colledge of phisitians And that the presmisses be done and performed with Fourtie eight houres efter the date here of

Att Edinburgh the twelve day of December Jaj vic nyntie five yeirs

D1695/12/311

Warrant

Warrand Doctor Trotter

The Lords of his majesties privie Counsell doe heirby appoint ther clerk in whose hands the patent registers books and papers belonging to the Colledge of phisitians are to exhibite and Lay Downe the Same upon the table within the rowme wher ther colledge meets in presence of Mr Robert Trotter Doctor of medicine present president of the said colledge whom they appoint to receave the patent registers books and papers And be ansuerable for the same in tyme comeing And appoints the keeyes of the roome wher the said colledge does meet now in ther saids clerks hands to be delivered to the persone who is officer to the said colledge of phisitians And that the presmisses be done and performed with Fourtie eight houres efter the date here of

1. NRS, PC2/26, 61r-61v.

1. NRS, PC2/26, 61r-61v.

Order, 12 December 1695, Edinburgh

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Att Edinburgh the twelve day of December Jaj vic nyntie five yeirs

D1695/12/301

Order

Recomendatione Mr James Southerland To the Thesaurie

Anent the petitione given in to the Lords of his majesties privie Counsell be Mr James Southerland maister of the phisick gardine Shewing That in febrwary last The petitioner had gott that north yeard of the Abbay belonging to the Kings palace wher the great Dyall stands and which is neer to the Tinnis Court at which tyme he made applicatione to The Lords of Thesaurie then in towne who promised him all Suteable incouradgement for bringing of it in Levelling and putting the grownd in good order Wherupon he hath ever Since made it his cheese bussienes to cary on that work And hes Spared no necessarie expenss to bring it als great a length as was possible in So Short a tyme haveing had ther this sumer a good cropt of melons and raised many wther curiows annwalls fyne flowers and other plants not ordinary in this Countrie he will also wndertake in a few yeirs to have things in als good order ther as they are about Londone if he be allowed a competence to defray the charges and make such reparationes as shall be fownd needfull particularly reed Hedges to Divyde Shelter and Lay the ground Lown and warm and a green house and a Store to preserve orranges Lemons myrtles with other tender greens and fyne exotick and forraigne plants in winter And seeing the petitioner hes alreadie expended of his own money upwards of Ane Thousand punds Scotts besydes four Hundereth merks yet Due to him of the Fiftie pund Sterleing Drawen by the Lords of Thesaurie out of the vacant Stipends of the paroches of Tarbat and Fearn in Ross upwards of Fiftein moneths ago which the collector aspects is otherwayes applyed And of which the petitioner can recover no payment And therfore craveing that the saids Lords of privie Counsell might recommend the petitioner to the Lords of Thesaurie for reimburseing him of what soumes hee hes alreadie wared out And for what uther incouradgement they shall think fitt for carying on the said work so begun without which the work must cease And the petitioner suffer in reputatione and interest what he is Doeing being more for the honour of the natione the ornament and use of his majesties palace then his own privat behoove As the said petitione bears Which being this day red and considered be the saids Lords of privie Cownsell They heirby recommend to The Lords Commissioners of his majesties Thesaurie to consider and grant the desyre of the said petitione

Att Edinburgh the twelve day of December Jaj vic nyntie five yeirs

D1695/12/301

Order

Recomendatione Mr James Southerland To the Thesaurie

Anent the petitione given in to the Lords of his majesties privie Counsell be Mr James Southerland maister of the phisick gardine Shewing That in febrwary last The petitioner had gott that north yeard of the Abbay belonging to the Kings palace wher the great Dyall stands and which is neer to the Tinnis Court at which tyme he made applicatione to The Lords of Thesaurie then in towne who promised him all Suteable incouradgement for bringing of it in Levelling and putting the grownd in good order Wherupon he hath ever Since made it his cheese bussienes to cary on that work And hes Spared no necessarie expenss to bring it als great a length as was possible in So Short a tyme haveing had ther this sumer a good cropt of melons and raised many wther curiows annwalls fyne flowers and other plants not ordinary in this Countrie he will also wndertake in a few yeirs to have things in als good order ther as they are about Londone if he be allowed a competence to defray the charges and make such reparationes as shall be fownd needfull particularly reed Hedges to Divyde Shelter and Lay the ground Lown and warm and a green house and a Store to preserve orranges Lemons myrtles with other tender greens and fyne exotick and forraigne plants in winter And seeing the petitioner hes alreadie expended of his own money upwards of Ane Thousand punds Scotts besydes four Hundereth merks yet Due to him of the Fiftie pund Sterleing Drawen by the Lords of Thesaurie out of the vacant Stipends of the paroches of Tarbat and Fearn in Ross upwards of Fiftein moneths ago which the collector aspects is otherwayes applyed And of which the petitioner can recover no payment And therfore craveing that the saids Lords of privie Counsell might recommend the petitioner to the Lords of Thesaurie for reimburseing him of what soumes hee hes alreadie wared out And for what uther incouradgement they shall think fitt for carying on the said work so begun without which the work must cease And the petitioner suffer in reputatione and interest what he is Doeing being more for the honour of the natione the ornament and use of his majesties palace then his own privat behoove As the said petitione bears Which being this day red and considered be the saids Lords of privie Cownsell They heirby recommend to The Lords Commissioners of his majesties Thesaurie to consider and grant the desyre of the said petitione

1. NRS, PC2/26, 60v-61r.

1. NRS, PC2/26, 60v-61r.

Act, 12 December 1695, Edinburgh

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Att Edinburgh the twelve day of December Jaj vic nyntie five yeirs

D1695/12/291

Act

Act Dupine anent a water engine

Anent the petitione given in to the Lords of his majesties privie Councell be Niccolas Dupine Esquire with the carefull and painfull assistance of other ingeniows artists Sheuing That wheras the petitioners have at ther own excessive and verie great coast and charges both in forraigne pairts and at home Contrived and brought to perfectione tho yet never befor knowen airt and misterie of drewing water owt of coall pitts sheffs and armes of any profwnditud whatsoever at a very easie charge for in Twentie fathoms Deep wee can raise in two minuts tyme a twn of water provided the pitt or Sheff will admitt of two Such casks to pass one another And this wee will doe by the Strenth of bibour very easiely for by the trwe proportiones and rwles of Hidrostaticks Hydroneumaticks and Hydrauliacks wee performe our work It is too tedious to informe the Saids Lords of all the properties of this our machin Swch as all maner of Corne mylnes work wher water is Scarce or frozen by Such ane engine as ours is uee can grind by our mans hand als much as any water mylne doeth Also for Draueing of Lochs or bringing of water to any place wher water is wanting or for cleareing of Harboure mouths from great rocks or sand and in a short tyme any vast weight that seemes to be past lifting by mens strenth This our engine Shall lift by one mans Strenth more than twentie men Shall doe being present altogither to the Same lift And the petitioners haveing also made another Lesser Sort of Engine which is fitt and wsefull for furmering and flitting of either mineralls and mettalls or vegitables and for minceing of tallo for tallo chandlers And for one very exact way of cutting tobacco And for cutting of tanners bark at ane much swifter and easier way then yet extant without the assistance of either wynd or water which may be made wse of in any privat house als well as out of Doors All which it will performe by one mans Strenth and more then twentie men will doe without it and severall other very propper conveniencies the petitioners can doe with these ther engines And wheras by the ancient custome of all well giverned2 nationes ther hath allway bein allowed to the inventars or contrivers Some certaine Space of yeirs according as the rarietie of the inventione deserveth and being verie well satisfied of the Saids Lords of privie Councell ther constant practise in the Same to any artist doeth humbly imbolden the petitioners to desyre a patent for fourtein yeirs or Such tyme as the saids Lords pleases under the great seall of this antient kingdome of Scottland And wheras Severall noblemen and gentlemen are about treating with the petitioners concerning ther coall pitts that are Drowned by water the petitioners cannot themselvs sett any of ther engines in work without they be cloathed of the Saids Lords of privie Councells patent in ther favours As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Councell They heirby grant full pouer And Libertie to the petitioners to make wse of his water engine mentioned in the petitione And discharges all wther persones whatsomever to make any such ingine or wse the Same for the Space of Eleven yeirs efter the day and date heirof except the petitioner himself and Such as Shall have Speciall warrand from him for that effect

Att Edinburgh the twelve day of December Jaj vic nyntie five yeirs

D1695/12/291

Act

Act Dupine anent a water engine

Anent the petitione given in to the Lords of his majesties privie Councell be Niccolas Dupine Esquire with the carefull and painfull assistance of other ingeniows artists Sheuing That wheras the petitioners have at ther own excessive and verie great coast and charges both in forraigne pairts and at home Contrived and brought to perfectione tho yet never befor knowen airt and misterie of drewing water owt of coall pitts sheffs and armes of any profwnditud whatsoever at a very easie charge for in Twentie fathoms Deep wee can raise in two minuts tyme a twn of water provided the pitt or Sheff will admitt of two Such casks to pass one another And this wee will doe by the Strenth of bibour very easiely for by the trwe proportiones and rwles of Hidrostaticks Hydroneumaticks and Hydrauliacks wee performe our work It is too tedious to informe the Saids Lords of all the properties of this our machin Swch as all maner of Corne mylnes work wher water is Scarce or frozen by Such ane engine as ours is uee can grind by our mans hand als much as any water mylne doeth Also for Draueing of Lochs or bringing of water to any place wher water is wanting or for cleareing of Harboure mouths from great rocks or sand and in a short tyme any vast weight that seemes to be past lifting by mens strenth This our engine Shall lift by one mans Strenth more than twentie men Shall doe being present altogither to the Same lift And the petitioners haveing also made another Lesser Sort of Engine which is fitt and wsefull for furmering and flitting of either mineralls and mettalls or vegitables and for minceing of tallo for tallo chandlers And for one very exact way of cutting tobacco And for cutting of tanners bark at ane much swifter and easier way then yet extant without the assistance of either wynd or water which may be made wse of in any privat house als well as out of Doors All which it will performe by one mans Strenth and more then twentie men will doe without it and severall other very propper conveniencies the petitioners can doe with these ther engines And wheras by the ancient custome of all well giverned2 nationes ther hath allway bein allowed to the inventars or contrivers Some certaine Space of yeirs according as the rarietie of the inventione deserveth and being verie well satisfied of the Saids Lords of privie Councell ther constant practise in the Same to any artist doeth humbly imbolden the petitioners to desyre a patent for fourtein yeirs or Such tyme as the saids Lords pleases under the great seall of this antient kingdome of Scottland And wheras Severall noblemen and gentlemen are about treating with the petitioners concerning ther coall pitts that are Drowned by water the petitioners cannot themselvs sett any of ther engines in work without they be cloathed of the Saids Lords of privie Councells patent in ther favours As the said petitione bears Which petitione being this day red and considered be the saids Lords of privie Councell They heirby grant full pouer And Libertie to the petitioners to make wse of his water engine mentioned in the petitione And discharges all wther persones whatsomever to make any such ingine or wse the Same for the Space of Eleven yeirs efter the day and date heirof except the petitioner himself and Such as Shall have Speciall warrand from him for that effect

1. NRS, PC2/26, 59v-60v.

2. Sic.

1. NRS, PC2/26, 59v-60v.

2. Sic.

Act, 12 December 1695, Edinburgh

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Att Edinburgh the twelve day of December Jaj vic nyntie five yeirs

D1695/12/281

Act

Act for a voluntar contributione for building a bridge at Qweensferry

The Lords of his majesties privie Councell haveing considered a petitione given in to them be James Dalgleish George Dwndas and James Jamesone present magistrats of the burgh of Qweensferrie They heirby allow a voluntar collectione to be made in all the paroch churches within the Shyres of Edinburgh Haddintowne Linlithgow Pearth Fiffe Stirleing Aberdeen Angws and Mairnes And the burgh of Glasgow for bwilding or perfiteing of ane harboure alreadie begwne at the Sowth Qweensferrie And for helping of the Landing places on the north syde of that ferrie at sight of The Lord Yeaster And that upon Such Lords Days As the petitioners Shall condescend upon And appoints intimatione to be made herewith at the Severall paroch churches wher the Same Shall be collected upon The Lords day imediatly preceeding the day of the collectione And nominats and appoints the said George Dwndas one of the petitioners to be factor for uplifting and ingathering of the Saids collectiones in respect the said factor Hes given bond and fownd cautione acted in the books of privie Counsell That he Shall imploy the money which Shall be collected upon the bwilding and repaireing of the said harboure and helping the Landing places upon the north Syde of the ferrie And that the said Landing places Shall be helped at Sight of the said Lord Yeaster And if ther be any Superplws of the saids collectiones more then Shall be imployed for the wses above mentioned That he Shall make payment of the Same to the Saids Lords of privie Counsell or any whom they Shall appoint And allowed thir presents to be printed

Att Edinburgh the twelve day of December Jaj vic nyntie five yeirs

D1695/12/281

Act

Act for a voluntar contributione for building a bridge at Qweensferry

The Lords of his majesties privie Councell haveing considered a petitione given in to them be James Dalgleish George Dwndas and James Jamesone present magistrats of the burgh of Qweensferrie They heirby allow a voluntar collectione to be made in all the paroch churches within the Shyres of Edinburgh Haddintowne Linlithgow Pearth Fiffe Stirleing Aberdeen Angws and Mairnes And the burgh of Glasgow for bwilding or perfiteing of ane harboure alreadie begwne at the Sowth Qweensferrie And for helping of the Landing places on the north syde of that ferrie at sight of The Lord Yeaster And that upon Such Lords Days As the petitioners Shall condescend upon And appoints intimatione to be made herewith at the Severall paroch churches wher the Same Shall be collected upon The Lords day imediatly preceeding the day of the collectione And nominats and appoints the said George Dwndas one of the petitioners to be factor for uplifting and ingathering of the Saids collectiones in respect the said factor Hes given bond and fownd cautione acted in the books of privie Counsell That he Shall imploy the money which Shall be collected upon the bwilding and repaireing of the said harboure and helping the Landing places upon the north Syde of the ferrie And that the said Landing places Shall be helped at Sight of the said Lord Yeaster And if ther be any Superplws of the saids collectiones more then Shall be imployed for the wses above mentioned That he Shall make payment of the Same to the Saids Lords of privie Counsell or any whom they Shall appoint And allowed thir presents to be printed

1. NRS, PC2/26, 59r-59v.

1. NRS, PC2/26, 59r-59v.

Warrant, 12 December 1695, Edinburgh

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Att Edinburgh the twelve day of December Jaj vic nyntie five yeirs

D1695/12/271

Warrant

Warrand Fothringham of Pourie

The Lords of his majesties privie Counsell being informed that Fothringham of Pouries father is sick and Likely to die They Doe heirby allow Fothringham of Pourie younger to visit his his2 father In respect he hes given bond And found sufficient cautione acted in the books of privie Counsell that he shall make ansuer to the complaint given in be the Comissioners of the army against him or any Letters or lybell which shall be raised theron whensoever he shall be called or cited for that effect And that he shall attend the haill dyets of proces from tyme to tyme and satisfie and fullfill the sentence of Counsell to be pronunced in that affair And that wnder the penaltie of Ane Hundered punds Sterline by and attowr performance

Att Edinburgh the twelve day of December Jaj vic nyntie five yeirs

D1695/12/271

Warrant

Warrand Fothringham of Pourie

The Lords of his majesties privie Counsell being informed that Fothringham of Pouries father is sick and Likely to die They Doe heirby allow Fothringham of Pourie younger to visit his his2 father In respect he hes given bond And found sufficient cautione acted in the books of privie Counsell that he shall make ansuer to the complaint given in be the Comissioners of the army against him or any Letters or lybell which shall be raised theron whensoever he shall be called or cited for that effect And that he shall attend the haill dyets of proces from tyme to tyme and satisfie and fullfill the sentence of Counsell to be pronunced in that affair And that wnder the penaltie of Ane Hundered punds Sterline by and attowr performance

1. NRS, PC2/26, 59r.

2. Sic.

1. NRS, PC2/26, 59r.

2. Sic.

Decreet, 12 December 1695, Edinburgh

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Att Edinburgh the twelve day of December Jaj vic nyntie five yeirs

D1695/12/261

Decreet

Interloquitor Charles Jack

A petitione given in be Charles Jack merchand in Edinburgh Against importers and ventners of brandie and forraigne Liqwors being red And The Lords of his majesties privie Councell haveing considered the said petitione They heirby allow generall Letters Against all and sundrie for the particulars mentioned in the said petitione only to the effect that he may wse poynding therupon But declares that nether dennunceatione nor Captione are to follow upon these Letters And if denunceatione or Captione follow the same shall be null and no escheat shall fall upon the denunceatione

Att Edinburgh the twelve day of December Jaj vic nyntie five yeirs

D1695/12/261

Decreet

Interloquitor Charles Jack

A petitione given in be Charles Jack merchand in Edinburgh Against importers and ventners of brandie and forraigne Liqwors being red And The Lords of his majesties privie Councell haveing considered the said petitione They heirby allow generall Letters Against all and sundrie for the particulars mentioned in the said petitione only to the effect that he may wse poynding therupon But declares that nether dennunceatione nor Captione are to follow upon these Letters And if denunceatione or Captione follow the same shall be null and no escheat shall fall upon the denunceatione

1. NRS, PC2/26, 59r.

1. NRS, PC2/26, 59r.

Act, 12 December 1695, Edinburgh

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Att Edinburgh the twelve day of December Jaj vic nyntie five yeirs

D1695/12/251

Act

[Pole Money]

Anent the petitione Given in to the Lords of his majesties privie Counsell be Sir Robert Cheisly Lord proveist of Edinburgh and remanent magestrats of the said burgh for themselvs And haill inhabitants within ther priviledges Shewing That wher The saids Lords of privie Counsell by ther proclamatione haveing prorogat the Day of sending in the list of the poleable persones within this kingdome to the thesaurie into the first day of November last bypast because of the Latenes of the harvest And the List of all the persones poleable within the toune of Edinburgh and priviledges therof being now fullie made up and abstracted therof readie to be given in to the Thesaurer And ther being as yet Litle or no payment made of the polemoney within the Threttie Dayes efter mertimes And that it is appointed by the act of parliament imposeing the polemoney That the Samen Should be payed punctuallie at the terme of Mertimes or within threttie Dayes therefter under the paine of paying Double and of paying quadruple if payment be not made within other threttie dayes therefter Wherby John Hunter merchand in Edinburgh collector of the Supply therof whom in obedience the Saids Lords of privie Counsells orders they have appointed collector of their polemoney for the towne of Edinburgh Cannongate Sowth and north Leith is at ane wncertaintie how to receave the said polemoney now efter Mertimes whither he Should receave the single pole of each persone and Discharge them in the termes of the act of parliament or Should exact the Double And Seing it were a heavie burden to the inhabitants of this burgh and suburbs therof to be made lyable in the Double So imediatly efter elapseing of the threttie Dayes And when within the Threttie dayes the books and lists were not soe completely made up as that the magistrats and ther collectors could make intimatione to the inhabitants to pay ther pole As the said petitione bears Which being this day red in presence of the saids Lords of privie Counsell and they haveing atlenth considered the said They Doe heirby prorogat the dyet appointed for payment of the polemoney within the burgh of Edinburgh priviledges Suburbs precincts therof untill the first Day of June next to come And ordaines intimatione heirof to be made at the paroch churches within The bounds foresaids And allowes the said John Hunter collector of the said polemoney within the bounds foresaids to receave the single pole from these who shall pay betuixt and the said day with certificatione that whoever failes in payment within that tyme shall be lyable for the double And appoints the collector to receave and be comptable accordingly

Att Edinburgh the twelve day of December Jaj vic nyntie five yeirs

D1695/12/251

Act

[Pole Money]

Anent the petitione Given in to the Lords of his majesties privie Counsell be Sir Robert Cheisly Lord proveist of Edinburgh and remanent magestrats of the said burgh for themselvs And haill inhabitants within ther priviledges Shewing That wher The saids Lords of privie Counsell by ther proclamatione haveing prorogat the Day of sending in the list of the poleable persones within this kingdome to the thesaurie into the first day of November last bypast because of the Latenes of the harvest And the List of all the persones poleable within the toune of Edinburgh and priviledges therof being now fullie made up and abstracted therof readie to be given in to the Thesaurer And ther being as yet Litle or no payment made of the polemoney within the Threttie Dayes efter mertimes And that it is appointed by the act of parliament imposeing the polemoney That the Samen Should be payed punctuallie at the terme of Mertimes or within threttie Dayes therefter under the paine of paying Double and of paying quadruple if payment be not made within other threttie dayes therefter Wherby John Hunter merchand in Edinburgh collector of the Supply therof whom in obedience the Saids Lords of privie Counsells orders they have appointed collector of their polemoney for the towne of Edinburgh Cannongate Sowth and north Leith is at ane wncertaintie how to receave the said polemoney now efter Mertimes whither he Should receave the single pole of each persone and Discharge them in the termes of the act of parliament or Should exact the Double And Seing it were a heavie burden to the inhabitants of this burgh and suburbs therof to be made lyable in the Double So imediatly efter elapseing of the threttie Dayes And when within the Threttie dayes the books and lists were not soe completely made up as that the magistrats and ther collectors could make intimatione to the inhabitants to pay ther pole As the said petitione bears Which being this day red in presence of the saids Lords of privie Counsell and they haveing atlenth considered the said They Doe heirby prorogat the dyet appointed for payment of the polemoney within the burgh of Edinburgh priviledges Suburbs precincts therof untill the first Day of June next to come And ordaines intimatione heirof to be made at the paroch churches within The bounds foresaids And allowes the said John Hunter collector of the said polemoney within the bounds foresaids to receave the single pole from these who shall pay betuixt and the said day with certificatione that whoever failes in payment within that tyme shall be lyable for the double And appoints the collector to receave and be comptable accordingly

1. NRS, PC2/26, 58r-59r.

1. NRS, PC2/26, 58r-59r.