Tag Archives: December

Act, 30 December 1697, Edinburgh

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Act

Liberation The Laird of Phinhaven

Anent the petition given into the Lords of his Majesties privie Councell By Mr James Carnegie of Phinhaven Sheuing That their Lordships upon a Complaint raised at the instance of The Laird of Balthaick and some other of Kinfaunes relations on the mother syde against the petitioner for precipitation In ane Act of Curatory expede in favours of Kinfauns before the shirreff deput of Forfar The saids Lords after hearing of both parties Did rescind and anull the forsaid act of Curatory And in the mean tyme Committed the petitioner to the tolbooth of Edinburgh during their Lordships pleasure wher he hath remained prisoner these five weeks bypast To the great prejudice of his health and other affairs And seing the Laird of Kinfauns hath made a New Election of Curators before the Lords of session To the satisfaction of the said Laird of Balthaik and all others who aither were Concerned or did Concerne themselves in the said Complaint And therfore Humblie Craving to the effect underwryten as the said petition bears The saids Lords of his Majesties privie Councell Having Considered the above petition They Doe heirby Give order and uarrand to the Magistrats of Edinburgh and Keeper of their tolbooth To sett the petitioner at Liberty furth therof In respect he hath given bond and found sufficient Cautione acted in the books of privie Councell That he shall attend all the dyetts of Councell and Committie in the proces depending att The Lord Advocats instance against him The Laird of Kinfauns and Mr James Grub minister at Othlaw And that he shall obtempter and fulfill the sentence of Councell to be pronunced therin In so farr as he shall be Concerned in the samen under the penaltie of Fyve Thousand merks Scotts In caise he shall transgress in any part of the premisses.

Att Edinburgh The Threttieth day of December Jaj vic nyntie seven years

A1697/12/521

Act

Liberation The Laird of Phinhaven

Anent the petition given into the Lords of his Majesties privie Councell By Mr James Carnegie of Phinhaven Sheuing That their Lordships upon a Complaint raised at the instance of The Laird of Balthaick and some other of Kinfaunes relations on the mother syde against the petitioner for precipitation In ane Act of Curatory expede in favours of Kinfauns before the shirreff deput of Forfar The saids Lords after hearing of both parties Did rescind and anull the forsaid act of Curatory And in the mean tyme Committed the petitioner to the tolbooth of Edinburgh during their Lordships pleasure wher he hath remained prisoner these five weeks bypast To the great prejudice of his health and other affairs And seing the Laird of Kinfauns hath made a New Election of Curators before the Lords of session To the satisfaction of the said Laird of Balthaik and all others who aither were Concerned or did Concerne themselves in the said Complaint And therfore Humblie Craving to the effect underwryten as the said petition bears The saids Lords of his Majesties privie Councell Having Considered the above petition They Doe heirby Give order and uarrand to the Magistrats of Edinburgh and Keeper of their tolbooth To sett the petitioner at Liberty furth therof In respect he hath given bond and found sufficient Cautione acted in the books of privie Councell That he shall attend all the dyetts of Councell and Committie in the proces depending att The Lord Advocats instance against him The Laird of Kinfauns and Mr James Grub minister at Othlaw And that he shall obtempter and fulfill the sentence of Councell to be pronunced therin In so farr as he shall be Concerned in the samen under the penaltie of Fyve Thousand merks Scotts In caise he shall transgress in any part of the premisses.

1. NRS, PC1/51, 322-3.

1. NRS, PC1/51, 322-3.

Sederunt, 30 December 1697, Edinburgh

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Sederunt

Lord Chancelor; Marquis of Douglass; Earl of Southerland; Earl of Mar; Earl of Morton; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Annandale; Viscount Tarbat; Lord Montgomery; Lord Raith; Lord Forbes; Lord Beilhaven; Lord Carmichaell; Lord Advocat; Lord Justice Clerk; Lord Philiphaugh; Lord Halcraig; Lord Anstruther; Laird of Grant; Laird of Pollock; Laird of Blackbarrony; Laird of Cessnock

Att Edinburgh The Threttieth day of December Jaj vic nyntie seven years1

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Sederunt

Lord Chancelor; Marquis of Douglass; Earl of Southerland; Earl of Mar; Earl of Morton; Earl of Buchan; Earl of Lauderdale; Earl of Loudoun; Earl of Leven; Earl of Annandale; Viscount Tarbat; Lord Montgomery; Lord Raith; Lord Forbes; Lord Beilhaven; Lord Carmichaell; Lord Advocat; Lord Justice Clerk; Lord Philiphaugh; Lord Halcraig; Lord Anstruther; Laird of Grant; Laird of Pollock; Laird of Blackbarrony; Laird of Cessnock

1. NRS, PC1/51, 322.

2. NRS, PC1/51, 322.

1. NRS, PC1/51, 322.

2. NRS, PC1/51, 322.

Act, 28 December 1697, Edinburgh

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Act

Banishment Mr Charles Ritchie

Anent the petition given in to the Lords of his Majesties privie Councell by Mr Charles Ritchie Minister of the Gospell now prisoner in the tolbooth of Edinburgh Sheuing That wheras Leivtennent Whytehead in Colonell Hills regiment in Fortwilliam being accompanied with severall officers of the said garrison Did Invite the petitioner to Joyne the said Leivtennant Whytehead in marriage with the said Colonell his daughter And she also Consenting therto The petitioner did accordingly performe his pairt and did Joyne them in marriage Ther being noe objection nor Impediment knouen that might hinder the samen since which tyme they have Lived uith very much unity and Love in ane Conjugall state and are both ouned by the Collonell Nevertheless the poor petitioner hath been upon the account of this ane Clandestine marriage Carryed prisoner to this tolbooth wherin he hath remained severall months uithout any subsistance and is reduced to the greatest extremity not only for want of any mean of subsistance but also by want of any measure of health And therfore Humblie Craving their Lordships for the favour of God to have pity and Compassion upon the petitioner his sad present state And to ordaine his Liberation or banishment as their Lordships shall think fitt as the said petition bears The said Lords of his Majesties privie Councell Having Considered this petitione given into them by the said Mr Charles Ritchie and the Consent signed by him They doe heirby Banish the said Mr Charles Ritchie furth of this Kingdome of Scotland And doe heirby Give warrand to the Magistrats of Edinburgh and Keeper of their tolbooth To sett the petitioner at Libertie furth therof In respect the petitioner before extracting heirof Hath Inacted himself Conform to the Act of parliament In the books of privie Councell That he shall repaire furth of this kingdome of Scotland betuixt and the first day of february nixt to Come And that he shall Never returne within the same uithout his Majesties or the Councells warrand for that effect.

Att Edinburgh The Tuenty Eight day of December Jaj vic nyntie seven years

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Act

Banishment Mr Charles Ritchie

Anent the petition given in to the Lords of his Majesties privie Councell by Mr Charles Ritchie Minister of the Gospell now prisoner in the tolbooth of Edinburgh Sheuing That wheras Leivtennent Whytehead in Colonell Hills regiment in Fortwilliam being accompanied with severall officers of the said garrison Did Invite the petitioner to Joyne the said Leivtennant Whytehead in marriage with the said Colonell his daughter And she also Consenting therto The petitioner did accordingly performe his pairt and did Joyne them in marriage Ther being noe objection nor Impediment knouen that might hinder the samen since which tyme they have Lived uith very much unity and Love in ane Conjugall state and are both ouned by the Collonell Nevertheless the poor petitioner hath been upon the account of this ane Clandestine marriage Carryed prisoner to this tolbooth wherin he hath remained severall months uithout any subsistance and is reduced to the greatest extremity not only for want of any mean of subsistance but also by want of any measure of health And therfore Humblie Craving their Lordships for the favour of God to have pity and Compassion upon the petitioner his sad present state And to ordaine his Liberation or banishment as their Lordships shall think fitt as the said petition bears The said Lords of his Majesties privie Councell Having Considered this petitione given into them by the said Mr Charles Ritchie and the Consent signed by him They doe heirby Banish the said Mr Charles Ritchie furth of this Kingdome of Scotland And doe heirby Give warrand to the Magistrats of Edinburgh and Keeper of their tolbooth To sett the petitioner at Libertie furth therof In respect the petitioner before extracting heirof Hath Inacted himself Conform to the Act of parliament In the books of privie Councell That he shall repaire furth of this kingdome of Scotland betuixt and the first day of february nixt to Come And that he shall Never returne within the same uithout his Majesties or the Councells warrand for that effect.

1. NRS, PC1/51, 321-2.

1. NRS, PC1/51, 321-2.

Commission by the Council, 28 December 1697, Edinburgh

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Commission by the Council

Additionall Commissioners of supply in Orkney and Zetland

Anent the petition given in to the Lords of his Majesties privie Councell By Mr Robert Douglass brother Germane to the Earle of Morton Sheuing That ther being many rests due to the petitioner out of the Isles of Orkney and Zetland for that year wherof he was Tackseman as also of the Bishoprick And ther being some Commissioners of supply dead Viz William Bannatyne of Stenhouse David Craig of Oversandie and James Scott of Voisgarth And the Condition of these Isles requiring a nomination of some others both upon that account and because of the great distance betuixt the Isles for the more speedy and effectuall Inbringing of his Majesties Supplie And therefore Humblie Craving to the effect underwryten as the said petitione bears The saids Lords of his Majesties privie Councell Having Considered this petition given in to them by the said Mr Robert Douglass They doe heirby nominat and appoint Robert Steuart of Eda William Mudie elder of Melsetter James Mudie younger therof Malcolme Scollay of Huntoune and the Steuart of Orkney To be Commissioners of Supply for Orkney and Zetland and the Isles belonging therto With full pouer to them to Act vote Consult and doe sicklyke and also freely in all respects as any other Commissioners of supply uithin this Kingdome have done or may doe And as if they had been nominat Commissioners within the bounds forsaids by the Act of parliament And appointes the persons forsaids at their first meeting uith the Commissioners within the saids bounds to qualifie themselves by suearing and signing the oath of alleadgance and subscryving the Assurance appointed to his Majestie by act of parliament.

Att Edinburgh The Tuenty Eight day of December Jaj vic nyntie seven years

A1697/12/491

Commission by the Council

Additionall Commissioners of supply in Orkney and Zetland

Anent the petition given in to the Lords of his Majesties privie Councell By Mr Robert Douglass brother Germane to the Earle of Morton Sheuing That ther being many rests due to the petitioner out of the Isles of Orkney and Zetland for that year wherof he was Tackseman as also of the Bishoprick And ther being some Commissioners of supply dead Viz William Bannatyne of Stenhouse David Craig of Oversandie and James Scott of Voisgarth And the Condition of these Isles requiring a nomination of some others both upon that account and because of the great distance betuixt the Isles for the more speedy and effectuall Inbringing of his Majesties Supplie And therefore Humblie Craving to the effect underwryten as the said petitione bears The saids Lords of his Majesties privie Councell Having Considered this petition given in to them by the said Mr Robert Douglass They doe heirby nominat and appoint Robert Steuart of Eda William Mudie elder of Melsetter James Mudie younger therof Malcolme Scollay of Huntoune and the Steuart of Orkney To be Commissioners of Supply for Orkney and Zetland and the Isles belonging therto With full pouer to them to Act vote Consult and doe sicklyke and also freely in all respects as any other Commissioners of supply uithin this Kingdome have done or may doe And as if they had been nominat Commissioners within the bounds forsaids by the Act of parliament And appointes the persons forsaids at their first meeting uith the Commissioners within the saids bounds to qualifie themselves by suearing and signing the oath of alleadgance and subscryving the Assurance appointed to his Majestie by act of parliament.

1. NRS, PC1/51, 320-1.

1. NRS, PC1/51, 320-1.

Act, 28 December 1697, Edinburgh

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Act

Act Changing the sentence of death Against Greensheills and Davidson to banishment

The Lords of his Majesties privie Councell Have Changed and heirby Changes the sentence of Death pronunced by the Lords Commissioners of his Majesties Justiciary Against William Greensheills weaver in Musilburgh and Daniell Davidson tinker ther from death to banishment And heirby banishes the said William Greensheills and Daniell Davidson to his Majesties plantations in America And appointes the Magistrats of Edinburgh to see the said William Greensheills and Daniell Davidson Shipped in the first Shipps which shall pass from Leith to the saids plantations And discharges them to return uithin his Majesties dominions under the paine of having the forsaid sentence of death pronunced against them putt to execution against them without mercy or delay In respect The saids tuo persons before extracting hereof Have Inacted themselves in the books of his Majesties privie Councell That they shall Depart with the first ships going from Leith to America And shall repair to his Majesties plantations ther And that they shall never returne within any of his Majesties dominions under the paine of having the forsaid sentence of death putt to executione against them without mercy or farder delay Sic subscribitur Marchmont Cancellar Southerland Morton Tarbat Raith Carmichaell Forbes Arc: Murray John Maxwell.

Att Edinburgh The Tuenty Eight day of December Jaj vic nyntie seven years

A1697/12/481

Act

Act Changing the sentence of death Against Greensheills and Davidson to banishment

The Lords of his Majesties privie Councell Have Changed and heirby Changes the sentence of Death pronunced by the Lords Commissioners of his Majesties Justiciary Against William Greensheills weaver in Musilburgh and Daniell Davidson tinker ther from death to banishment And heirby banishes the said William Greensheills and Daniell Davidson to his Majesties plantations in America And appointes the Magistrats of Edinburgh to see the said William Greensheills and Daniell Davidson Shipped in the first Shipps which shall pass from Leith to the saids plantations And discharges them to return uithin his Majesties dominions under the paine of having the forsaid sentence of death pronunced against them putt to execution against them without mercy or delay In respect The saids tuo persons before extracting hereof Have Inacted themselves in the books of his Majesties privie Councell That they shall Depart with the first ships going from Leith to America And shall repair to his Majesties plantations ther And that they shall never returne within any of his Majesties dominions under the paine of having the forsaid sentence of death putt to executione against them without mercy or farder delay Sic subscribitur Marchmont Cancellar Southerland Morton Tarbat Raith Carmichaell Forbes Arc: Murray John Maxwell.

1. NRS, PC1/51, 320.

1. NRS, PC1/51, 320.

Procedure: committee formed, 28 December 1697, Edinburgh

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Procedure: committee formed

Committie Anent Mutineers in Douglasses regiment

The Lords of his Majesties privie Councell Doe heirby nominat and appoint The Earls of Buchan and Leven The Lord Montgomery and Carmichaell The Lairds of Blackbarrony and Cessnock to be a Committie to Call for and examine the Mutineers belonging to Sir William Douglas his regiment of foot which are presently standing under guards In the parliament closs And to report therin to the Councell And the Committie having presently returned from the Councell board at the rysing of the Councell reported That they Could not discuss the examination of the Mutineers at this dyet Because much of the matter did depend upon Information from the officers whom they had appointed to attend them the morrow And acquainted the Councell that they had absolved one Serjant Cunynghame In respect of his Innocency attested by Captain Grhame his officer The Councell having Considered the Committies report They approve therof and of absolving the said Serjant Cunynghame And appointes serjant Thomas Edgertoun who Commands the guairds of the Mutineers to Carry them to the tolbooth of the Cannongate And to Commit them prisoners ther And ordaines the Baillies of the Cannongate and Keeper of their tolbooth to receave the saids Mutineers and detaine them prisoners untill the Councells or Committies farder order And appointes the Committie to meet the morrow att ten in the fornoon And appointes the officers to attend them And Impouers the Committie to Liberat such of the saids Mutineers as they shall find Innocent And to report to the Councell whom they find guiltie.

Att Edinburgh The Tuenty Eight day of December Jaj vic nyntie seven years

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Procedure: committee formed

Committie Anent Mutineers in Douglasses regiment

The Lords of his Majesties privie Councell Doe heirby nominat and appoint The Earls of Buchan and Leven The Lord Montgomery and Carmichaell The Lairds of Blackbarrony and Cessnock to be a Committie to Call for and examine the Mutineers belonging to Sir William Douglas his regiment of foot which are presently standing under guards In the parliament closs And to report therin to the Councell And the Committie having presently returned from the Councell board at the rysing of the Councell reported That they Could not discuss the examination of the Mutineers at this dyet Because much of the matter did depend upon Information from the officers whom they had appointed to attend them the morrow And acquainted the Councell that they had absolved one Serjant Cunynghame In respect of his Innocency attested by Captain Grhame his officer The Councell having Considered the Committies report They approve therof and of absolving the said Serjant Cunynghame And appointes serjant Thomas Edgertoun who Commands the guairds of the Mutineers to Carry them to the tolbooth of the Cannongate And to Commit them prisoners ther And ordaines the Baillies of the Cannongate and Keeper of their tolbooth to receave the saids Mutineers and detaine them prisoners untill the Councells or Committies farder order And appointes the Committie to meet the morrow att ten in the fornoon And appointes the officers to attend them And Impouers the Committie to Liberat such of the saids Mutineers as they shall find Innocent And to report to the Councell whom they find guiltie.

1. NRS, PC1/51, 319-20.

1. NRS, PC1/51, 319-20.

Procedure, 28 December 1697, Edinburgh

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Procedure

Anent some wheat to goe abroad

The Lord high Chancelor acquainted The Lords of his Majesties privie Councell That ther is a Considerable Cargo of wheat about tuo hundred bolls or upuards shipped In order to be transported to France And that he is Informed the wheat is not yet so Low as tuelve pounds scotts per boll And therfore proposed the same might be Stopped which The Councell thought not Convenient.

Att Edinburgh The Tuenty Eight day of December Jaj vic nyntie seven years

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Procedure

Anent some wheat to goe abroad

The Lord high Chancelor acquainted The Lords of his Majesties privie Councell That ther is a Considerable Cargo of wheat about tuo hundred bolls or upuards shipped In order to be transported to France And that he is Informed the wheat is not yet so Low as tuelve pounds scotts per boll And therfore proposed the same might be Stopped which The Councell thought not Convenient.

1. NRS, PC1/51, 319.

1. NRS, PC1/51, 319.

Sederunt, 28 December 1697, Edinburgh

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Sederunt

Lord Chancelor; Earl of Melvill; Earl of Southerland; Earl of Morton; Earl of Buchan; Earl of Leven; Earl of Forfar; Viscount Tarbat; Lord Montgomery; Lord Raith; Lord Forbes; Lord Carmichaell; Lord Advocat; Lord Philiphaugh; Lord Rankeilor; Laird of Grant; Laird of Pollock; Laird of Cessnock

Att Edinburgh The Tuenty Eight day of December Jaj vic nyntie seven years1

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Sederunt

Lord Chancelor; Earl of Melvill; Earl of Southerland; Earl of Morton; Earl of Buchan; Earl of Leven; Earl of Forfar; Viscount Tarbat; Lord Montgomery; Lord Raith; Lord Forbes; Lord Carmichaell; Lord Advocat; Lord Philiphaugh; Lord Rankeilor; Laird of Grant; Laird of Pollock; Laird of Cessnock

1. NRS, PC1/51, 319.

2. NRS, PC1/51, 319.

1. NRS, PC1/51, 319.

2. NRS, PC1/51, 319.

Procedure, 23 December 1697, Edinburgh

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Procedure

Letter Complaining of The Lord Forbes

A Letter being read Direct by the officers of the Lord Forbes his regiment of dragoons now disbanded to the Lord Chancelor Compleaning upon the Lord Forbes And the Lord Forbes having offered to make ansuer therto The Councell Left to The Lord Forbes to doe his ordinary dilligence theranent aither by petition Citation or otheruayes as his Lordship shall think fitt.

Att Edinburgh The Tuenty Third day of December Jaj vic nyntie seven years

A1697/12/441

Procedure

Letter Complaining of The Lord Forbes

A Letter being read Direct by the officers of the Lord Forbes his regiment of dragoons now disbanded to the Lord Chancelor Compleaning upon the Lord Forbes And the Lord Forbes having offered to make ansuer therto The Councell Left to The Lord Forbes to doe his ordinary dilligence theranent aither by petition Citation or otheruayes as his Lordship shall think fitt.

1. NRS, PC1/51, 318.

1. NRS, PC1/51, 318.

Order, 23 December 1697, Edinburgh

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Order

Recomendation To the Lord Advocat to prosecut Phinhaven and Mr Grub

The Lords of his Majesties privie Councell Doe heirby Recommend to Sir James Steuart his Majesties Advocat And appointes Sir Patrick Home his Majesties Sollicitor to raise and Insist in a proces before the Councell against Mr James Carnegie of Phinhaven and Mr […] Grub Minister at Othlaw for alleadged marrying of the Laird of Kinfaines upon the Laird of Phinhavens daughter After Phinhaven was ordered to sist Kinfaines before the Councell And appointes them to be Cited Against the threttie day of December Instant.

Att Edinburgh The Tuenty Third day of December Jaj vic nyntie seven years

A1697/12/431

Order

Recomendation To the Lord Advocat to prosecut Phinhaven and Mr Grub

The Lords of his Majesties privie Councell Doe heirby Recommend to Sir James Steuart his Majesties Advocat And appointes Sir Patrick Home his Majesties Sollicitor to raise and Insist in a proces before the Councell against Mr James Carnegie of Phinhaven and Mr […] Grub Minister at Othlaw for alleadged marrying of the Laird of Kinfaines upon the Laird of Phinhavens daughter After Phinhaven was ordered to sist Kinfaines before the Councell And appointes them to be Cited Against the threttie day of December Instant.

1. NRS, PC1/51, 318.

1. NRS, PC1/51, 318.