D1704/3/7
D1704/3/72
Procedure
The Councill meet and did noe privat bussiness
1. NRS, PC2/28, 285v. No sederunt recorded.
2. NRS, PC2/28, 285v.
1. NRS, PC2/28, 285v. No sederunt recorded.
2. NRS, PC2/28, 285v.
D1704/3/6
D1704/3/61
Act
Anent The petition given in and presented to the Lords of Her Majesties privie Councill By Alison Grahame relict of the deceast Robert Hunter of Burnside Shewing That by Contract of marriadge past betuixt the said Robert Hunter of Burnside and the petitioner off the date the nynteen of Jully 1700. The petitioner is provyded in Six Cahlders victuall yearly for her lyferent provision in caice of her survivance which altho very small considering the petitionres birth, Education and what she brought to the family yea she would not grudge the same But that the petitioner finds through her husbands not being infeft The petitioner hes not ready access upon her Contract of Marriage to the forsaid provision Since the petitioners husbands Decease which was in February 1702 The petitioner hes been using all the fair means possible with her sons Tuttors for a suitable aliment and provision but they altogither refuise to give the petitioner any help for Her Sustenance And Therfore The petitioner hes raised ane proces For implement off the Contract off marriage befoir the Lords of Councill and Session which will take more time er’e it can be brought to a period then the petitioners straits will allow her Considering that it is now a year and a half since the petitioners husband died Dureing which tyme The petitioner hes got nothing altho she hes maintained her son and posthumus daughter with there attendents all that time and have lykewayes been considerably in advance for mournings at her husbands death and for necessars at the birth of her said posthumus Daughter Therfor The petitioner is necessitat to represent To their Lordships 1mo That the petitioner brought a Compitent provisien with her to the family 2do. That her son succeeded to ane opulent fortune of about Tuenty Four Chalders victuall and Two Thousand merks money yearly and that her provision is but very small not above the seventh pairt of her husbands yearly rent and 3tio That the petitioner hes aposthumus Child to maintain all which The petitioner hes done for this year and a half by gone without any assistance From her sone or his Tutters And seeing her depending proces befoir the session may take sometyme befoir it be Concluded and that the petitioner cannot in the meantime starve And that nature obleidges Children of ane opulent fortune to the sustenance of their parents And Therfore Creaving their Lordships To allow the petitioner Eight hundereth merks yearly off aliment for her self and the lyke soume off Eight hundereth merks yearly of aliment for the heir and his sister and their servants dureing their aboad with the petitioner their mother To be payed furth of the yearly rent of Her said sons Estate Commencing from Whyttsunday 1702 and that quarterly till the event of the forsaid proces off such ane compitent aliment as their Lordships shall think fitt As the said petition bears Which petition Being upon the Fourthteen off March instant Read in presence of the saids Lords off privie Councill They appointed the samen to bee seen and answered the nixt Councill day The Lords of Her Majesties privie Councill Haveing upon the day and date of thir presents Considered the petition given into them By Alison Grahame relict of the Deceast Robert Hunter of Burnside Togither with the Contract of Marriage past betuixt them And the samen being read in their presence The saids Lords Doe heirby Modefie and allow to the petitioner The soume off Eight hundered pound scots for her self and Four Hundered pounds for her son and Daughter To be payed to the petitioner of yearly aliment for her self sone and Daughter as said is dureing their aboad with the petitioner ther mother And Appoints and Ordaines The said aliment To be payed furth of the yearly rent of her said sons Estate and that at Two termes in the year Whyttsunday and Martimess be equall portiones Beginning the first termes payment at the terme off Whyttsunday Jaj vic and two years and yearly thereafter ay and whill the Event off the proces for aliment befoir the Lords of Session at the petitioners instance be discust And appoints and ordain’s Letters of Horning under signet of Councill To be direct hereupon againest Factors, Chamberlains, of the said Estate For payment of the Forsaid soume of Eight Hundered pound scotts of yearly aliment as said is at the termes abovementioned And in caice there be noe factors or Chamberlains on the said Estate. Appoints and Ordaines The saids Letters of Horning To be direct against the said Tennents and possessors thereof upon ane list to be given in by the petitioner subscryved by her of the saids tennents To the Clerks of Councill for that effect And appoints the petitioners Dischairge thereof by her self alone to be sufficient
1. NRS, PC2/28, 284v-285v.
1. NRS, PC2/28, 284v-285v.
D1704/3/5
D1704/3/52
Act
The Lords of Her Majesties privie Councill Haveing Considered the attestation of Robert Fouller sometyme tennent in Humbie Mylne under his hand and James Whytt Clerk of Lath Bearing that the said Robert Fouler had willingly taken on and Engadged with Livetenent Charles Skeen in the regiment Commanded by The Lord Dalrumple in the Dutch service The saids Lords Have Found and heirby Finds the Declaration and attestation forsaid under the hands of the said James Whytt Clerk to be illegall and in noewayes conforme to the late act of parliament And therfor have Found and Declared him to be a free man to goe about his Laufull affaire’s And Dischairges the said Livetennent Skeen or any other officers or Shouldiers to trouble or molest him in tyme comeing upon account of the said Engadgment without a warrant from the Committee of privie Councill anent prest men And appoints and ordains The said Livetennent Skeen instantly to delyver up to the said Robert Fouller the Bond granted by him for his appearance befoir the Councill or Committee therof upon the said Robert Foullers Refounding to the said Livetennent what money he hes given him and what he hes payed for his aliment since he was imprisoned And als Commands and ordains Governours of Castles, officers, souldiers, Magistrats of Burghs and all others in whose custodie and keeping the said Robert Fouller is Immediatly to set him at liberty under the pains Contained in the said act of parliament
1. NRS, PC2/28, 284r. No sederunt recorded, although begins with the note ‘ut in Sederunt’
2. NRS, PC2/28, 284r.
1. NRS, PC2/28, 284r. No sederunt recorded, although begins with the note ‘ut in Sederunt’
2. NRS, PC2/28, 284r.
D1704/3/4
D1704/3/42
Act
Anent The petition given in and presented To the Lords of Her Majesties privie Councill By John Oswald sone to Sir James Oswald of Fingletoun and Sir Alexander Gilmure of Craigmylner his uncle for his Intrest Shewing That where he the said John Oswald upon the Decease of his father The said Sir James was left wholy destitut and soe cast upon the cair and keeping of the said Sir Alexander his mothers brother Lykeas The petitioner being the only Child of that marriadge is also competently and weell provyded in the soume of Fourty Thousand merks Wherof Fourteen Thousand is still in the hands of his said Uncle as the petitioners mothers portion Which nevertheless in caice of his failzie is to goe inteirly to the petitioenrs fathers Children of his former marriage But tho the petitioner be thus provyded and that his brother Doctor Oswald be also his Tutor nominat Yet the provision for the petitioners aliment is still unsettled The Doctor Choyseing raither to be passive and non other Except his said Uncle appearing for the petitioner And seeing that all the petitioner cravs is to have a Compitent aliment authorized out of his owen Which he humbly conceaved He being now about seven years of age, may be the annualrent of the said Fourthteen Thousand merks due to the petitioner by his Uncle which will be about five hundered pound scots yearly untill he attain to the age of Ten years Compleat and from that time till his age of Fourthteen compleat ane Hundered pound scotts may be added making Six hundered pound yearly and that for bed, board cloathing and all ordinary necessaries And Therfore Creaving their Lordships To authorize the forsaid aliment to the petitioner for the years past viz from the seventh day of March 1701, and in tyme comeing there being noe Contradicter or any other haveing intrest by your Lordships authoritie allenerly craved for his said Tuttor and Freinds their Exoneration As the said petition bears Which petition being upon the Fifthteen of March instant read in presence of the saids Lords of privie Councill They appointed the samen to bee seen and answered nixt Councill day according to which delyverance Doctor George Oswald haveing seen the said petition he returned the same with the answers followeing Mentioning That where Sir Alexander in his petition represents That the said John Oswald was left destitute and had noe bodey to take cair off him but his Uncle and that haveing ane Estate of Fourty Thousand merks wherof Fourthteen was in Sir Alexanders owen hands it was but reasonable That ane aliment should be modefied of five hundered pounds scots yearly from the time the said John entred the said Sir Alexanders house untill his age of Ten years and of Sex Hundered pound Scotts yearly from Ten years Dureing his pupillarity To which it is answered for the said John Oswald and Doctor Oswald his brother and sole tuttor testamentar That the petition is of very Extraordinary nature for the reasons followeing viz 1mo albeit Alexander represents That the pupill was left without any cair the conterar is very nottour for as his father did settle a good portion on him soe in his Testament He Nominats the Doctor his Tuttor and after the fathers decease at Sir Alexander Gilmours Entreaty he gave him the custodie of the Child Secundo The petition is very irregular and illegall – it being the certain principles of Law That a pupill can intent noe action apply to noe Judicature yea doe noething seeing all the power boeth of his person and goods is altogither lodged in his Tuttor and whatsomever Doctor Oswald the Tutter might have done Either by proces or petition for obtaining the liquidation of ane aliment There was noe place for any other persone to make application for ane aliment But especially Sir Alexander had less reason then any man Considering he had a fond of the pupill of Fourthteen Thousand merks in his owen hands and that the Doctor had never Carved3 annualrents therof soe that it was time enough for Sir Alexander when the Tutors Expected the Soumes from him due to the pupill to have craved allowance and Compensatione for his aliment Tertio The Quantitie of Five And sex hundered pounds for the respective years mentioned in the petition Is not only great But irregular in craving the same to be modified to him for the Child under the years of Ten Cannot be thought to spend Five Hundered pound yearly in the Countrie in his Uncles house And when he is put to Schoolls The Tutter will place him with the beast Masters and make the most advantagious and Convenient argument’s for him possible for Sir Alexander most not think That albeit the Tutter Did Committ the pupill to his Cair for atime that therfor he should have the sole keeping of him till the end of his pupillarity For the Tuttor boeth in Conscience and Law is obleidged and will soe provide for his pupills aliment and Educatione as may be most for this Conveniencie and Circumstances And Therefore Creaving their Lordships To consider what is above represented with the hazerd that tutors ly under of haveing every step of their administratione quarrelled and iff their Lordships will take them the modificatione of any aliment To doe in such a manner as the Tutter may be fully Exonoured But allways to have the Tutoria potestas safe That the tutor may place the pupill in what place he thinks most for his Advantage As the saids answers also bears The Lords of Her Majesties privie Councill Haveing upon the day and date of thir presents Considered the above petition Giveing into them By John Oswald son to Sir James Oswald off Fingletoun and Sir Alexander Gilmure of Craigmilner his Uncle for his intrest Togither with answers therto By Doctor George Oswald of Prestoun And the samen being read in their presence The saids Lords Doe heirby modefie and Grant ane aliment offeiring to the annualrent of the soume off Fourthteen Thousand merks For the said John Oswald To be payed yearly be equall portiones Commencing and begining at the seventh day of March Jaj vic and one years and that for the said John Oswalds aliment and mentaining him at bed board, schoolls and other necessaries to be waived upon him untill his age of Ten years compleat And the saids Lords Modefies and Ordains The soume of ane Hundereth pound scots of additionall and further aliment To be payed for the intertainment education and other necessarries as said is To be waired out and bestowed upon the said John Oswald untill his age of Fourthteen years compleat And ordains the said Doctor Goerge Oswald Tuttor nominat to the said John To make payment off the saids respective aliments accordingly To the said Sir Alexander Gilmure dureing the said John Oswald his residence and aboad with him
1. NRS, PC2/28, 284r. No sederunt recorded, although begins with the note ‘ut in sederunt’
2. NRS, PC2/28, 284r.
3. Sic.
1. NRS, PC2/28, 284r. No sederunt recorded, although begins with the note ‘ut in sederunt’.
2. NRS, PC2/28, 284r.
3. Sic.
D1704/3/3
D1704/3/31
Procedure
Anent The petition given in and presented To the Lords of Her Majesties privy Councill By Dam Lillias Setton Relict of Sir James Ramsay of Logie Shewing That where there Lordships knew That the whole Estate pertaining to the petitioner, and her Husband was put in the Earle of Seaforth’s hand’s and that in Consideration of the Justice of their debt and the Last Earles Engadgements and their Extream necessitie The Estates of parliament Ordained One Thousand pound scots yearly to be payed to the petitioners and the longest liver out of the said Estate And Farther Recommended To the Lords of Theasaury To make the same effectwall with the few duties oweing to Her Majestie out of that Estate Lykeas Their Lordships for two years or Three Did make payment to the petitioner of the said Thousand pound and took Assignation from the petitioner and the Equivalent out of The petitionres said Decreit of parliament But now these five or six years The petitioner Hes got nothing neither out of the Theasaurie nor out of the forsaid Estate And all the Dilligence That the petitioner hes hitherto been able to use is in effect Contemned and soe ineffectuall And Therefore Creaving their Lordships as their use is in such just and necessar Caices To ordaine The petitioenr The Conurrance of Her Majesties forces To fortefie her legall Execution’s by poinding or otherwayes And for that effect to Recommend the petitioner To Livetennent Generall Ramsay and Brigadeir Maitland To affoord the petitioner the said Concurrance upon her application to them and as may be most easily done by one or aither of them for the petitioners effectuall payment according to her saids warrants and Legall dilligence and noe otherwayes As the said petition Bears The Lords of Her Majesties privy Councill Haveing Considered the above petition Given into them By Dam Lillias Seaton Relict of Sir James Ramsay of Logie And the samen Being read in their presence The saids Lords Doe heirby Recommend To Livetennent Generall George Ramsay Commander in Cheiff of Her Majesties forces within this Kingdome and Brigadeer Generall Maitland Governour of Fort William To Give and affoord to the petitioner such a number of Her Majesties Forces duely Commanded as they shall think fitt To assist Her in Execution of Her legall Dilligences for Recovering of Her Aliment payable to her out of the Earle of Seaforths lands and Estate Conforme to the Decreit of parliament in her favours
1. NRS, PC2/28, 282r-282v.
1. NRS, PC2/28, 282r-282v.
D1704/3/2
D1704/3/21
Procedure
In absence of the Lord High Chancellor And Lord president of privy Councill The Earle of Buchan Elected preces
1. NRS, PC2/28, 281v.
1. NRS, PC2/28, 281v.
D1704/3/1
D1704/3/12
Sederunt
Earl of Buchan; Earl of Loudoun; Earl of Forfar; Earl of Roseberrie; Earl of Glasgow; Viscount Garnock; Viscount Primrose; Lord Ross; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Halcraig; Lord Tillecultrie; Mr Fra: Montgomry; Laird of Prestongrange; Lord Provost of Edinburgh
1. NRS, PC2/28, 281v.
2. NRS, PC2/28, 281v.
1. NRS, PC2/28, 281v.
2. NRS, PC2/28, 281v.
D1704/2/14
D1704/2/142
Procedure
The Councill mett and did no privat bussienes
1. NRS, PC2/28, 281v. No sederunt recorded.
2. NRS, PC2/28, 281v.
1. NRS, PC2/28, 281v. No sederunt recorded.
2. NRS, PC2/28, 281v.
D1704/2/13
D1704/2/132
Procedure
The Councill mett and did no privat bussienes
1. NRS, PC2/28, 281v. No sederunt recorded.
2. NRS, PC2/28, 281v.
1. NRS, PC2/28, 281v. No sederunt recorded.
2. NRS, PC2/28, 281v.
D1704/2/12
D1704/2/122
Procedure
The Councill mett and did no privat bussienes
1. NRS, PC2/28, 281v. No sederunt recorded.
2. NRS, PC2/28, 281v.
1. NRS, PC2/28, 281v. No sederunt recorded.
2. NRS, PC2/28, 281v.